What should I do if I can t collect the property fee when I work in the property of the community?

It may be that the property Cong Ran Company did not provide property services in accordance with the contract. First of all, the property owner and the property management company's Guan Gao Zheng Mo is a property service contract relationship, and when the services provided by the property management company do not conform to the contract, the owner has the right to refuse to pay the property management fees and has the right to file a claim for compensation. Secondly, the property management company may not be willing to intensify the conflict with the owner, so it wants to negotiate a settlement rather than resolve it through litigation.

Legal analysis

In accordance with the Property Management Ordinance.

The owner shall pay the property service fee in accordance with the provisions of the property service contract.

If the landlord has not paid the strata fee.

And the property company sued, Qi slowed.

1. When the owner receives the summons from the court, he needs to actively respond to the lawsuit, and can negotiate with the property management company.

2. If the owner refuses to pay the property fee, it is justified. There must be specific evidence that can prove that the property management company failed to perform the relevant property services agreed in the property management service contract, and prove that the property management company's negligence has affected the quality of life of the owner, and it is a breach of contract by the property management company.

3. If there is definite evidence to prove that the property management company did not pay the property management fee because the property management company provided property services in accordance with the contract, and the property management company breached the contract first, you can file a counterclaim in court, but the evidence provided must be clear and specific to support your claim.

Legal basis

Article 34 of the Property Management Regulations Owners' Committee.

A written property service contract shall be concluded with the property management service enterprise selected by the general meeting of owners.

The property service contract shall be responsible for property management matters and service quality.

Service fees, rights and obligations of both parties, management and use of special maintenance funds, property management housing, contract term, liability for breach of contract.

and other content.

Article 35 Property service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.

Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

In addition to the fees, the property in the community also has the following jobs:

1. Daily maintenance.

The property company of the community should maintain various infrastructure within the community to ensure the normal operation of these facilities and provide convenience for residents' lives, such as supporting mechanical and electrical equipment, water supply, power supply system, common facilities, etc. In addition, there will be many problems in the use of the equipment, and the property must have a full-time maintenance team, on call, to deal with all kinds of minor repairs and emergency repairs in a timely manner, so as to facilitate the owners and users.

2. Manage community security.

The property management of the community also needs to be responsible for the internal security management of the community, for example, the doorman at the gate of the community is also the staff of the property company. The property company should manage the personal safety of the owners of the community, as well as the housing construction and its equipment and facilities, and at the same time formulate a sound safety system and implement it.

3. Vehicle management.

Most of the residents living in the city will buy a private car, and it will be more convenient to travel at ordinary times, but after buying a private car, parking has become a problem, and the property company must standardize the management of driving and parking within the community, so that the daily activities of the community can be carried out smoothly. The management of the main passages, parking spaces and facilities of the community where the house is located is also within the scope of property services. I believe that many owners want to use this article.

4. Cleaning service.

We will produce a lot of domestic garbage in our daily life, and we usually put these domestic garbage directly into the garbage can on each floor, and hand over the rest to the property company. We may know more about this, for a residential community, do a good job of cleaning and greening can create a good and comfortable working and living environment for owners and residents, cultivate people's awareness of getting close to nature, love nature, love life.

There are generally two positions related to property service companies. One is the customer service housekeeper, who not only has to collect fees, but also manages the complaints and suggestions of the owners, coordinates neighborhood conflicts, inspects the area, reports for repairs, and visits the owners;

If you are in charge of the property collector in the community, he is not only collecting fees, but also managing bills, which is one of his areas of work.

The most level of dealing with problems (beneficial) Temper your temper.

This depends on how the property company defines it, and each one is different.

1. What should I do if the property only charges but does not provide services?

1. If the property service enterprise only collects the property fee and does not provide property services as agreed in the contract, the owner can protect his rights in the following ways:

1) The owner may report to the local people's ** real estate administrative department at or above the county level;

2) The owner can set up an owners' committee, terminate the property service contract, change the property service company, and request the property service company to refund the property fee;

3) If the property service is not provided and the interests of the owner are harmed, the property service company can be required to bear the liability for compensation.

2. Legal basis: Articles 11, 35 and 48 of the Property Management Regulations.

2. What should I do if the property management service is not in place to urge the payment of property management fees?

In practice, the problem of property management services not being in place is still common, but usually the owner should not resist by refusing to pay the money, and the problem of cleaning and replanting in life should be solved in the following way:

1. The owner should pay the fee first. Because the owner's refusal to pay the property management fee is unreasonable and illegal, and the property has the right to collect the property management fee if it provides property services. In this regard, in fact, many owners just walk into the misunderstanding, thinking that the property service is not in place and they can refuse to pay, and if they refuse to pay more money, they may be sued by the property in court.

2. The owner can collect relevant information and evidence that the property management company's service is not in place, and then report it to the property committee, and the property committee will negotiate with the property management company to deal with it, and even dismiss the property management company that is not responsible.

3. If the negotiation fails or the service quality of the property management company has not been improved, then after collecting the information and evidence that the property service is not in place, it can file a lawsuit in the court to require the property management company to bear the liability for breach of contract, and the loss caused can be claimed for compensation.

Usually, if the property management service is not in place, it will be directly reflected to the other party, and the other party can solve the problem if the other party can answer the judgment and make timely improvements, so remind the owners not to take the wrong practice of directly refusing to pay the money. In addition, if the property service is not in place, it is usually not harmful to one or two households, but the interests of more owners, so the owners are not alone, so it is best to deal with it well, and it can generally be solved calmly.

According to the provisions of the "Property Management Regulations", if the property service enterprise only charges the property fee and does not provide property services as agreed in the contract, the owner can complain to the real estate administrative department; dismissal of property service companies; Claim compensation and other means to protect their legitimate rights and interests. I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult a professional lawyer.

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If the property fee cannot be collected, it is necessary to check what is the reason for the failure to collect. Many properties are because the owners of the community have great opinions on property services and refuse to pay property fees. If the property management company can improve the service level, the property fee will be easier to collect.

In addition, the property management company can recover the property fee from the owner who has not paid the property fee through litigation.

Go to court and sue and wait for enforcement. This law seems reasonable and legitimate, but if the owner who does not pay the property fee cannot win the lawsuit for any reason, the vast majority of the owners will lose the lawsuit if the lawsuit is fought. The property company will win the case.

Because it's what the law says. Some owners think that Fu Shiji's house is damaged, and the property is not repaired, etc., in fact, these are groundless, the law stipulates: you can sue him for inaction, and you can sue him for the corresponding losses caused by his inaction, etc., but the property fee is the property fee, and you must pay it.

The lawsuit was settled. The property has an almost 100% win rate.

What is included in the cost of property services?

The cost of property services or the composition of property service expenses generally includes the following parts: 1. Salaries, social insurance and welfare fees drawn according to regulations for management service personnel; 2. Daily operation and maintenance costs of common parts of the property and common facilities and equipment; 3. Cleaning and sanitation costs in the property management area; 4. Greening and maintenance costs in the property management area;

property management area order maintenance costs; 6. Office expenses; 7. Depreciation of fixed assets of property management enterprises; 8. The common parts of the property, the common facilities and equipment and the public liability insurance costs; 9. Other expenses agreed by the owner.

The cost of overhaul, repair and renewal and renovation of common parts of the property and common facilities and equipment shall be disbursed through special maintenance funds, and shall not be included in the property service property fee charging standard is charged according to different standards, that is to say, the management and service of different property fee charging standards will be very different.

Legal basis: Article 64 of the "Property Management Regulations" violates the property service contract, and the owner fails to pay the property service fee within the time limit, the owners' committee shall urge it to pay within the time limit; If the payment is still not made within the time limit, the property management service enterprise may file a lawsuit with the people's court.

Summary. If the owner fails to pay the property fee within a reasonable period of time, the property management company can file a lawsuit or apply for arbitration for the property fee owed by the owner. If the owner is not satisfied with the management or service of the property company, the property management office where the community is located can complain, and the relevant departments will investigate the property company that is being complained about.

As a property management company, if the owner does not pay the property fee, the property management company can take legal means or other methods to collect the property fee, and cannot not not give the elevator control card. Therefore, if the landlord does not pay the fee, the property management company can sue the landlord according to the property service contract.

If the owner fails to pay the property fee within a reasonable period of time after the reminder, the property management company can file a lawsuit or apply for arbitration for the property fee owed by the owner. If the owner is not satisfied with the management or service of the property company, the property management office where the community is located can complain, and the relevant departments will investigate the property company that is being complained about. As a property management company, if the owner does not pay the property fee, the property management company can take legal means or other methods to collect the property fee, and cannot not not give the elevator control card.

Therefore, if the owner does not pay the fee, the property management company can sue the owner according to the property service contract.

According to Article 944 of the Civil Code of the People's Republic of China, the owner shall pay the property fee to the property service provider in accordance with the agreement. If the property management service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted or does not need to accept the relevant property management services. If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider may urge him to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration.

Property service providers shall not use methods such as stopping power supply, returning water supply, heat supply, or gas supply to urge the payment of property fees.

Do you have a contract with the landlord or something?

Yes. That can be negotiated with the owner collectively, and the property fee must be paid before management measures can be achieved.