If the property management company s service is not in place or inaction, can it not pay the propert

In this case, the payment of the strata fee cannot be refused.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Property Management Service Disputes, Article 3 stipulates that if a property management service enterprise fails to perform or does not fully perform the repair, maintenance, management and maintenance obligations agreed in the property management service contract or determined by laws, regulations and relevant industry norms, and the owner requests the property management service enterprise to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.

Article 6 stipulates that if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period of time after a written reminder, and the property management service enterprise requests the owner to pay the property fee, the people's court shall support it. Where a property management service enterprise has already provided services in accordance with the contract and relevant provisions, and the owner only uses the defense that he has not enjoyed or does not need to accept the relevant property management services, the people's court will not support it.

In addition, according to the "Property Management Regulations", when the occupancy rate of the community reaches a certain percentage, the community neighborhood committee can take the lead in convening the first owners' meeting, elect the owners' committee, and sign a contract between the owners' committee and the property management company, which includes the service content and charging standards of the property management company, and the publicity. When the majority of the owners are not satisfied with the services provided by the property management company, the owners' committee has the right to terminate the contract with the property management company. However, the property owner's refusal to pay the property fee on the grounds of inadequate service or inaction of the property management company cannot be supported by law.

If the property service of the community is not in place, it will be very troublesome. Some owners who are more emotional will resolutely refuse to pay the property fee because the service is not in place. Can a landlord have no or underpayment of strata fees at his discretion?

Legal analysis: Where the property is not in place, it is recommended to use cameras, mobile phones, etc. to leave time and evidence in case of emergency. It is a basic contractual obligation for the owner to pay the property management fee according to the agreement, and failure to pay the property management fee without sufficient defense is a breach of contract.

Legal basis: "Measures for the Management of Property Service Charges" Article 15 The owner shall, in accordance with the provisions of the property service contract, pay the property service fees or property service funds on time and in full. If the owner violates the provisions of the property management service contract and fails to pay the service fee or the property service fund 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 enterprise may recover it in accordance with the law.

If the owner and the property user agree that the property user shall pay the property management service fee or property management service funds, the owner shall be jointly and severally liable for the payment from the agreement.

When the property rights are transferred, the owner or user of the property shall settle the property service fees or property management service funds.

If the property service is not in place, if there are any of the following circumstances, you can refuse to pay the property fee:

1. The property management company has not fulfilled the obligations agreed in the property service contract.

2. If the property management service contract stipulates that the service will be charged after the service, the property management enterprise has not yet provided the corresponding service.

3. The property contract stipulates that the property management company can refuse to pay the property fee when the service is not in place.

1. Can I refuse to pay the property fee if the property is stolen during the renovation of the home?

If the home is burglarized, you cannot refuse to pay the strata fee. Property damage due to theft and arrears of strata fees are two different legal relationships. The property management company has signed a property service contract with the owner, and the property management company shall provide property services in accordance with the contract, and the owner shall pay the property management fee as agreed.

If you are responsible for the stolen property in your home, then you can find compensation from the property.

2. Whether the property has the right to charge late fees for the arrears of property management fees.

In the law, there is no clear provision on the late payment fee charged by the property management company for arrears of property management fees, and whether and the standard of late payment of property management fees depends on the agreement of the property management service contract.

If the contract contains a clause that imposes a late fee, the utility company can charge a late fee in accordance with the proportion agreed in the contract. If the property contract does not stipulate a late fee or the agreement is not clear, the property management company is not entitled to collect the late fee, even if the property requires it, the owner can refuse to pay the late fee.

3. Is it reasonable to charge half a year's worth of jujubes in advance?

Whether it is reasonable for the property management company to charge a one-time property management fee for half a year also depends on whether the contract is agreed. At present, China's law does not stipulate how long the property fee can be charged at one time. The property management company may collect the property management fee in installments according to the previous property service agreement or property service contract, and if the agreement or contract agrees otherwise, it shall be agreed therewith.

If the agreement or contract does not specify the method of recording the property fee, the property management company shall negotiate with the owner for the pre-collection period, and collect the property fee in advance if the owner is voluntary.

Article 944 of the Civil Code stipulates that 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 the owner 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 stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.

The reason asserted by the owner in the case of refusal to pay the property fee of the community is often due to certain defects in the property service. However, property services are comprehensive and long-term, and property fees cannot be refused just because a certain service is not in place. When the property management company has imperfect and untimely services in a certain aspect, the property management company and the owner should first take remedial measures to improve the relevant services in a timely manner through active communication, so as to eliminate the impact on the owners caused by the imperfect services of the property and business.

If the negotiation cannot be resolved, the property can be replaced and the property management company can be sued seriously. Legal basis: Article 208 of the Civil Code of the People's Republic of China The owner has the right to request the construction unit, property service enterprise or other managers and other owners to bear civil liability for the infringement of their legitimate rights and interests.