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This developer is in violation, this is not allowed, you owners can unite to sue this developer and get them to withdraw.
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The owner can complain to the local ** and ask the developer to hand over part of the property to the property, and the developer arrogantly sets up a card, without the consent of the owner or the relevant local authorities, which is an illegal act! Owners can:
Alarm. Lodge a complaint with **.
Filing a lawsuit in court.
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The deputy director has been doing it for more than four years, and the developer has not handed it over to the property company, which is of course a violation of the property law.
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If the head of the household has lived here for more than four years, and the developer hands over the power to the property company, this behavior is unreasonable and bears certain responsibility.
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The deputy director has lived for more than four years, is it illegal for the developer to hand over all the money to the property company? Yes, there should be no violation of the law at the moment, and he will not be able to do so until the handover is completed.
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It has been four years since the head of the household moved in, and the developer gave the property company a punch, I think it should be illegal, and it should be done in accordance with the contract.
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In fact, for the owner, if the developer does not give a punch to the property company, such a thing, then the later thing should be illegal.
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The owner of the household has lived for more than four years, and the developer hates every punch to the property company for violating the law, and I think this should be solved by law, and it should be an illegal developer.
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It depends on how the developer agrees with the ** department or the property department.
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Judging from the trial practice of the court, the landlord's refusal to pay the property fee mainly relies on the following seven major reasons:
1. There are defects in the maintenance and maintenance of public facilities and public health.
2. There are problems with the quality of the building, and the property company has not fulfilled its maintenance obligations. If the house leaks, it cannot be solved after reporting to the property management company for repair.
3. The exercise of management responsibility is not in place. If the illegal construction and demolition of load-bearing walls are not stopped in a timely and effective manner.
4. Failure to fulfill security obligations. If property is stolen, vehicles are stolen or scratched; Assault by a third party in the community, etc.
5. The property management company did not publish the accounts, which infringed on the owner's right to know.
6. Abuse of power by personnel of property management companies. For example, illegally breaking into the owner's residence, illegally implementing power, water, gas outages, etc.
7. The property management company exceeds its authority, such as using the public space and facilities of the community to seek improper benefits without authorization.
Property management service enterprises violate the charging standards stipulated by laws, regulations, and departmental rules, collect fees in violation of laws and regulations, or violate the contract to harm the interests of property owners, such as property management service enterprises charging fees in violation of laws and regulations, and occupying or leasing public green spaces and spaces in violation of the contract. If the property does not do the above, the owner must pay the strata fee.
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There are five situations in which a property owner can refuse to pay the strata fee:
1. Because the quality of the house has not been delivered, the property fee is paid by the developer.
2. No property service contract has been signed.
3. The property raises the charging standard and expands the scope of the fee without authorization.
4. The property company does not have the original approval documents of the price management department.
5. If the service quality is not up to standard, all owners can refuse to pay, but strong evidence is required.
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Refusal to pay strata fees:
1. For properties that have been completed but have not yet been handed over to the property buyer, the property fee shall be paid by the developer;
2. If the property management company fails to perform the service responsibilities of the property contract, all owners can refuse to pay, but there must be strong evidence;
3. The service quality provided by the property management company does not meet the standards agreed in the property contract;
4. The property company does not have the original approval documents of the price management department.
5. The property management company increases the charging items, expands the scope of charging, and raises the charging standard without authorization.
The above is mainly based on the "Property Management Regulations" and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases".
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With the development of the economy, people's living standards are getting higher and higher, and the requirements for the living environment are gradually improving, so the owners will have higher requirements for the quality of property services. Once the quality of property service does not meet the requirements of the owner, some people will endure it, while others will choose to refuse to pay the property fee. But not all problems can be solved by refusing to pay strata fees.
So under what circumstances can you refuse to pay the strata fee?
1. Reasonable charges for property fees.
In the event that the property ignores the contract and relevant provisions and arbitrarily exceeds the fees, raises the fee standard, or repeatedly charges fees, the owner may raise a defense on this basis and request the property to refund the illegal fees paid, and the people's court shall support it. Therefore, if the property violates the above circumstances, the owner of the community can refuse to pay and file a defense with the people's court.
2. Delay in delivery.
In the process of first-hand property transactions, buyers often encounter delays in delivery due to the developer's own reasons. If this happens, the strata fee should be borne by the developer, because the normal strata fee is charged at the time the owner takes possession of the property.
On the contrary, if the owner unilaterally fails to arrive at the time of delivery, then the property fee for the period from the agreed date of delivery to the actual collection of the house must be paid by the owner.
3. Basis of property charges.
The property management company charges should be approved by the relevant departments, and the owner can determine whether the property management fee should be paid according to the documents presented by the property management company, so the property management company must obtain the approval documents of the price management department to collect the property management fee. If the property management company does not obtain the relevant approval for a certain charge, the owner can naturally refuse to pay the property fee.
4. Housing rental.
When the owner rents out the house, it should be stipulated in the rental contract that the property fee shall be paid by the renter during the lease period, and it is best to sign the contract under the witness of the property, otherwise the property fee shall be borne by the owner under normal circumstances, and the owner shall also bear joint and several liability for the payment of the property fee if the contract stipulates that the property fee shall be paid by the renter.
5. Signing of property service contract.
The property is the service provider, and the owner is the service person, and there is a contractual relationship between the two. Therefore, if the property management company has neither a trade committee nor a service contract with the owner, then the owner can refuse to pay the property fee; However, as long as the property management company has signed a service contract with any of them, the owner must pay the property fee according to the service contract.
6. Property services.
Since it is the relationship between service and being served, when the quality of the property service is not up to par or does not enjoy the property service equal to the property fee, the owner has the right to protect his rights and interests, and leave evidence in the form of photographs to provide to the owners' committee.
That's all there is to know about the situation in which you can refuse to pay strata fees. Here is a reminder that the property fee cannot be refused at will, otherwise it will have a certain impact on the owner himself. However, if the above situation occurs, then the owner can boldly refuse to pay the strata fee.
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The payment of the strata fee may be refused in the following cases:
1. The house has not been delivered because of the quality of the house.
2. The property fee is paid by the tenant in the lease contract.
3. The property management company fails to perform the service responsibilities of the contract.
4. The property management company did not sign a contract with the owner.
5. The service quality provided by the property management company does not meet the standards agreed in the contract.
6. The property company does not have the original approval documents of the price management department.
7. The property management company expands the scope of fees and raises the charging standards without authorization.
8. The property management company does not have the permission of the owner to increase the fee project community property service is not good.
Legal basis] Article 41 of the Property Management Regulations, the owner shall pay the property service fee according to the property 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.
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.
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The key is the property fee, if the property fee is now paid by the developer, it is normal to travel to the property without handing over the house to you. If you have signed a property contract, the property can only be responsible for you, and the developer has nothing to do with it.
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No, according to the property management regulations, the Ministry of Housing and Urban-Rural Development's property service enterprise bidding management measures stipulate that the developer and the property company through the bidding process signed a contract legal and valid, the developer has completed the mission of selecting the property company, must wait for the establishment of the owners' meeting, by the owners' meeting to decide the property company's stay, if the developer has not sold out of the house, can only exercise part of the voting rights.
At present, the law does not directly prohibit developers from providing property management services on their own, but stipulates that developers should sign a "pre-property management service contract" with the property management company they select before the first house. It is obviously a violation of the above obligations for the developer to hire a pre-property management company after the house is given to the buyer. Therefore, the developer shall be liable for the losses caused by the breach of obligations to the buyers who have signed the contract.
According to the relevant provisions, when the developer and the buyer sign the "Commercial Housing Pre-sale Contract", the "Pre-property Management Service Contract" shall be attached to the "Commercial Housing Pre-sale Contract", which makes the "Pre-property Management Service Contract" that originally only binds the developer and the pre-property management enterprise also legally binding on the buyer. Developers, pre-property management companies and home buyers do not have the right to unilaterally terminate the termination.
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If the service of the property company is not up to standard, charges indiscriminately, and does not rectify, the developer can replace the property company in the early stage in order to protect the interests of the owner.
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1. The developer cannot change the property management company in the early stage without authorization, but can negotiate with the property management company in the early stage amicably, and the final agreement in the property service contract signed shall prevail. The owner of the community has the right to appoint and dismiss the property service company.
2. In accordance with the "Property Management Regulations".
Article 11. The following matters are jointly decided by the owners:
1) Formulate and revise the rules of procedure of the general meeting of owners;
2) Formulating and revising management regulations;
3) To elect the owners' committee or replace the members of the owners' committee;
4) Selecting and dismissing property service enterprises;
5) Raise and use special maintenance funds;
6) To reconstruct or reconstruct buildings and their ancillary facilities;
7) Other major matters related to co-ownership and co-management rights.
Article 21.
Before the owners and the owners' general meeting select and hire a property service enterprise, the construction unit shall sign a written pre-property service contract.
Article 22.
The construction unit shall, before selling the property, formulate a temporary management statute, and make an agreement on the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the interim management statutes.
The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of the property buyer.
Article 23.
The construction unit shall, before the sale of the property, clearly indicate the provisional management agreement to the property buyer and explain it.
When signing a property sale contract with the construction unit, the property buyer shall make a written commitment to comply with the interim management statute.
Article 24.
The state advocates that construction units in accordance with the principle of separating real estate development and property management, through bidding and bidding to select and hire property service enterprises with corresponding qualifications.
The construction unit of residential property shall select and hire property service enterprises with corresponding qualifications through bidding; If there are less than 3 bidders or a small residential scale, with the approval of the district and county people's real estate administrative departments where the property is located, the property service enterprises with corresponding qualifications can be selected by agreement.
Article 25.
The sales contract signed between the construction unit and the property buyer shall contain the contents agreed in the previous property management service contract.
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The Property Management Ordinance stipulates that the owner shall pay the strata fee:
Article 7 The owner shall perform the following obligations in the property management activities:
5) Pay the property service fee on time;
Regarding the prepayment of property fees, it depends on how your "Property Service Contract" is agreed, and generally the "Property Service Contract" in the early stage is signed by the developer and the property company.
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Chapter IV of the Detailed Rules for the Implementation of the Property Management Regulations on Property Management Services:
Article 35: The owners' committee shall enter into a written property service contract with the property management 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.
Article 36: Property management enterprises shall provide corresponding services in accordance with the provisions of the property service contract. Where a property management 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.
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