What should I do if the owner does not pay the management fee when managing the property?

If the house is not occupied, do you pay the property management fee?

No, you cannot. The property management agreement is not signed directly with the owner, and the pre-property service agreement is signed by the developer and the property. During the formal property management period, the property management committee and the property will sign the Property Management Entrustment Contract, so the owner cannot refuse to pay the property fee on the grounds that he has not signed a contract with the property.

Legal analysis: according to the general situation, it is necessary to pay the property management fee, if it is because of the quality of the house has not been delivered, the property fee is paid by the developer, the house is rented, the lease contract indicates that the property fee is paid by the tenant, the property company does not perform the service responsibility of the contract, all the owners can refuse to pay, but strong evidence is required, the property company has not signed a contract with the owner, and the service quality provided by the property company does not meet the standards agreed in the contract, and the property fee can be refused.

Legal basis: Article 40 of the Property Management Regulations of Kongkuchang Property Service Charges shall follow the principles of reasonableness, openness and adaptation of fees and service levels, distinguish the nature and characteristics of different properties, and be agreed in the property service contract by the owners and property service enterprises in accordance with the property service charges formulated by the competent department of ***** in conjunction with the competent administrative department of construction.

The landlord may not pay the strata fee if:

1) When the property provides services that are not agreed in the contract or without the consent of the owner, the owner may have the right to refuse to pay;

2) If the property management company has not signed a contract with the owner, it may refuse to pay;

3) The property raises the service fee without authorization, and the owner may refuse to pay the part that is raised without authorization;

4) The quality of the property service is too poor, and the owner can temporarily refuse to pay, but must come up with evidence and negotiate a settlement, etc.

1. What are the consequences of arrears of property fees, does the property company have the right to cut off water and electricity?

If the owner refuses to pay the property service fee is a violation of the property service contract, and fails to pay or refuses to pay the property service fee within the time limit without a legitimate reason, the owners' committee has the right to urge him to pay the property service fee within a time limit; If the payment is still not made within the time limit, the property management enterprise may file a lawsuit with the people's court.

Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will be liable for breach of contract to the property management company and bear all the adverse consequences caused by losing the lawsuit.

The property management company does not have the right to take measures to cut off water and electricity.

2. How to deal with being sued for arrears of property fees.

You have been sued for arrears of strata fees and need to pay strata fees in accordance with the court's judgment. Depending on the situation, there are two ways to respond:

1. If the property fee arrears are sued, the owner can negotiate a settlement with the property and let the property withdraw the case to end the matter. In life, the reason why the owner refuses to pay the property fee is often that the property service is not good. However, this is often not a reason for the owner to refuse to pay the property fee, and once the property sues for this, it is very easy to lose the lawsuit and eventually have to pay;

2. If there is no intention to negotiate or the negotiation fails, the owner shall actively respond to the lawsuit and collect relevant evidence and materials for litigation on his own or by entrusting a lawyer, so as to better protect his own rights and interests.

If the negotiation fails, the following measures can be taken:

1. Pay attention to collecting evidence of property inaction, so that at least part of the property fee can be reduced or exempted, and there is no late fee;

2. The lawsuit requires the property to publicize the details of public revenues such as advertising fees, and the details of public energy consumption costs, otherwise the payment of property fees will be suspended, and the property right certificate will be taken out for the parking space, and the parking spaces without the property right certificate are shared by the owners.

In addition, it is necessary to pay attention to several misunderstandings of not paying property fees, which are as follows:

1. If you do not live in the property, you can refuse to pay the property fee. Property fees generally include cleaning and sanitation costs, greening maintenance costs, order maintenance costs, etc. Therefore, if you buy a house and do not move in, you can also not refuse to pay the property fee of the community;

2. If the property contract is not signed, the property fee can be refused. The decisions of the Owners' Committee are binding on the Owners. Therefore, as long as the owners' committee agrees to the terms of the agreement with the property management company, and the owners have in fact accepted the property management services provided by the property management company, they should pay the property management company according to the services actually occurred;

3. The original owner can refuse to pay the property fee if he is in arrears. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment.

It is not okay for the owner not to pay the strata fee, otherwise the property can be sued.

According to the laws of our country, if the owner fails to pay the property service fee within the time limit in violation of the property service contract, 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 if it is delayed.

1. What to do if the property regulations are violated.

If the property service contract is violated and the property service fee is not paid or refused to be paid within the time limit without justifiable reasons, the owners' committee has the right to urge it to pay within the time limit; If the payment is still not made within the time limit, the property management enterprise may file a lawsuit with the people's court. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will be liable for breach of contract to the property management company and bear all the adverse consequences caused by losing the lawsuit.

Second, is it reasonable for the community to charge parking fees for electric vehicles?

It is unreasonable for the community to charge parking fees for electric vehicles. Because other public places, public facilities and property service rooms in the building zoning belong to the owners in common, but the specific situation is not clear, it is difficult to decide. According to the relevant regulations, the owner shall pay the property service fees or property service funds on time and in full in accordance with the provisions of the property management service contract.

If the owner violates the property management service contract and fails to pay the service fee within the time limit or the property service source touches the Li Wu fund, 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.

3. What should I do if the property fee is not paid, and the water and electricity are cut off.

If the owner does not pay the property fee and cuts off the water and electricity, he can file a lawsuit with the court to require the property to restore water and electricity.

However, if the owner violates the property management service contract and fails to pay or refuses to pay the property service fee within the time limit without a legitimate reason, the owner's hunger committee has the right to urge him to pay within the time limit; If the payment is still not made within the time limit, the property management enterprise may file a lawsuit with the people's court.

may be sued in court. Under normal circumstances, the court will still recommend that the property and the owner of the old mausoleum coordinate a settlement. You can't hide from it, because even if you don't go to court, the court can still make a judgment in absentia.

If you are tried in absentia and you are ordered to pay back strata fees, if you refuse to do so, the court can enforce it. If the court judgment has been issued and refuses to enforce it, it will bear the civil legal liability of paying late fees for late performance; If the circumstances are serious, judicial detention may be carried out, or criminal responsibility for refusing to perform on an effective judgment or ruling may be pursued. The court may also take measures such as compulsory enforcement of frozen funds, auction of property, etc.

It can be seen that once the property management is not in place, you should actively coordinate with the owners' committee and try not to refuse to pay the property fee. Because of the delay in the payment of the property fee, there will be a late fee. Once the house is involved in the sale and purchase in the later stage, it is necessary to pay the previous property negotiation and business fee before it can be bought and sold.

Article 35 of the "Property Management Regulations" stipulates that property service enterprises shall provide corresponding services in accordance with the provisions of the property 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. Article 50 of the Property Management Regulations of the People's Republic of China shall not change the use of public buildings and common facilities in accordance with the planning within the property management area.

If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management service enterprise after going through the relevant formalities in accordance with the law; If a property management service enterprise really needs to change the use of public buildings and common facilities, it shall be submitted to the general meeting of owners for discussion and approval, and the owners shall go through the relevant formalities in accordance with the law.

The property management company can negotiate and urge the delivery in advance, and if the negotiation fails and the reminder procedure has been performed, it can make a decision to sue the property owner, requiring it to pay the property fee and bear the late fees and liquidated damages for the arrears of the property fee. Legal basis:

Article 41 of the Property Management Regulations Article 41 of the Property Management Regulations The owner shall pay the property service fee in accordance with the property service contract. If the owner of the property and the property user agree that the property user shall pay the cost of the property service, the owner shall be jointly and severally liable for the payment. For properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit.

Article 65 In violation of the property management service contract, if the owner fails to pay the property management service fee within the time limit, the owners' committee shall urge him 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.