If the landlord refuses to pay the strata fee, can the strata company refuse the service?

How is a denial of service judged? The property company is serving the owners all the time in security patrols, cleaning, equipment maintenance, etc., and the main body of income is all the owners, so there is no such thing as refusal of service.

Judging from the current laws and regulations, the dispute between the owner and the property management company over the payment of property management fees can be resolved in many ways.

First of all, look at Article 65 of the Property Management Regulations

If the owner fails to pay the property service fee within the time limit in violation of the property management 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.

Let's look at Article 40 of the Property Management Regulations:

Property service charges should follow the principle of reasonableness, openness and the cost and service level to adapt to, distinguish the nature and characteristics of different properties, by the owner and property service enterprises in accordance with the ***** department in charge of the construction of the property service charges formulated by the competent department of the property management department, agreed in the property service contract.

Referring to the above two regulations, the property management enterprise is the management and maintenance of the public area in the property management area, and the owner's failure to pay the management fee is actually infringing on the rights and interests of other owners, so even if the property management company is negligent, the owner should not refuse to pay the management fee on this ground.

Of course, as a property company, the low quality of service and the mismatch with the charging standard also violate the principle of adapting to the level of service.

To sum up, as an owner, the property management company has poor service, we can supervise through the owners' committee, or we can protect our own rights and interests through legal proceedings, referring to most of the court penalty cases, if the property management company is negligent, it will generally be decided to refund part of the property management fee, and the owner should actively collect evidence to protect their own rights and interests. Instead of refusing to pay property management fees, this is illegal for both other property owners and property companies.

To solve the conflict between the property management company and the owner, we should make good use of the rights of the owners' committee, and at the same time collect evidence of the property company's negligence.

Is it possible to waive the strata fee, and under what circumstances can the landlord refuse to pay the strata fee?

The service of the property is for all owners, and it is difficult not to provide services if they do not pay the property fee individually.

Legal Analysis: No. At present, it is difficult for the owner to support the refusal to pay the property fee on the grounds that the property service is defective, because there is an agreement between the property and the owner, and the owner shall accept the services provided by the property management company in accordance with the property management service contract and pay the property service fee on time, but if the owner has evidence to prove that the property service is defective, the owner does not need to pay the late fee for the property fee.

Legal basis: Article 34 of the "Property Management Regulations" The owners' committee shall enter into a written property service contract with the property management service enterprise selected by the owners' general meeting. The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc.

The property service is not good, and the owner cannot refuse to pay the property fee on this ground. According to the provisions of the first paragraph of Article 41 of the "Property Management Regulations", the owner shall pay the property management service fee in accordance with the agreement of the property management service contract. 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.

Article 64 stipulates that if the owner fails to pay the property service fee within the time limit in violation of the property management service contract, 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.

Article 35 of the Property Management Regulations 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. 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 and the property user agree that the property user shall pay the service fee for the property business, the owner shall be jointly and severally liable for the payment from the agreement. Article 65 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.

Legal analysis: The property management regulations stipulate that the owner who does not pay the property fee can sue the owner who owes the property fee to the Zheng Yudi Court, and the owner's electricity and property fee are two different things. It is illegal for the property company to force the owner to pay the property fee by not allowing the owner to use electricity on the grounds that the owner does not pay the property fee, and the owner can report the illegal behavior of the property management company to the local power bureau, and the power bureau will protect the owner's right to use electricity.

Legal basis: Business Rules for Power Supply Article 98 If the consumer fails to pay the electricity fee within the time limit specified by the power supply enterprise, he shall bear the liability for breach of contract for the late payment of the electricity charge. The liquidated damages for the electric search fee shall be calculated from the date of overdue to the date of payment.