How do non-residents pay fees in the Regulations on Property Management

If the house is empty, you have to pay the property fee.

-Focus

Judicial interpretation The people's court will not support the fact that the realty service enterprise has provided services in accordance with the contract and relevant provisions, and the owner only raises a defense on the grounds that he does not enjoy or does not need to accept relevant realty services.

interpret

According to the person in charge of the First People's Court of the Supreme Court, in practice, some owners defend themselves on the grounds that they don't enjoy the services provided by property service companies (for example, they don't enjoy the services because they go abroad) or don't need to accept related property services (for example, the owners of low floors never take the elevator, etc.). ).

The person in charge said that it was the owner's decision to hire a property service enterprise. As long as the realty service enterprise provides relevant services in accordance with the contract, all owners have equal obligations to pay property fees. Unless otherwise agreed in the management statute or the realty service contract.

condition

At present, some owners think that they can refuse to pay property fees without receiving property services.

In this regard, Ren believes that under actual circumstances, it is impossible to sign a property contract with every single owner, but the effectiveness of the contract is still valid for a single owner. Even if the owner does not live in the residential area for a period of time, and the house is idle, the property service makes the residential building and its ancillary facilities operate normally, and still indirectly provides services for the owner.

If the lease is not renewed, the property has no right to charge.

-Focus

After the termination of the rights and obligations of judicial interpretation of the realty service contract, if the owners' committee requests the realty service enterprise to withdraw from the realty service area and hand over the realty service premises and related facilities, the people's court shall support it.

interpret

The person in charge of the First People's Court of the Supreme Court said that there are many such disputes in practice, and this judicial interpretation has been made clear.

In addition, if the realty service enterprise refuses to leave the realty service area on the grounds of the existence of the factual realty service relationship and requests the owner to pay the realty fee after the termination of the rights and obligations of the realty service contract, the court will not support it.

condition

There are many residential areas in Beijing, and the property contracts have expired, or the industry committees have hired new property companies, but the old property companies are stuck. If the owner does not pay the property fee, the property company will appeal to the court, and the court will judge the owner to pay the property fee on the grounds of factual service.

Ren believes that although this situation is unfair, in the case of the concept of factual service, the owners can only pay for themselves. Judicial interpretation cancels the concept of fact service, which is expected to solve this problem.

Because when the property company refuses to quit, the owner has the right not to pay the property fee, and the court will not support the property company to ask for the property fee. The property company was busy in vain, and without economic benefits, the property company took the initiative to quit.