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Anonymous users2024-02-08There is a quality problem in the house, and you can't afford not to pay the property fee. The quality problem of the house is a problem of the developer, which should be resolved by the owner and the developer in the legal relationship of the housing sales contract, and does not belong to the same legal relationship with the property service contract. The construction unit shall be in accordance with the warranty period and scope stipulated by the state.
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Anonymous users2024-02-07315 Complaints 315 has mostly resolved complaints in recent years.
Of course, you can refuse to pay, but it is likely to be cut off by power and water, so go to 315 as soon as possible to complain, and don't let this affect your normal life.
As long as the use of commercial housing is not low-cost economic housing, the property should not be responsible.
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Anonymous users2024-02-06Mr. Tan purchased a commercial house, but failed to apply for the property right certificate after handing over the house and the house was flooded. After unsuccessful negotiations with the developer and the property, Mr. Tam refused to pay the strata fee. The developer and the property are two separate legal entities and should not bear civil liability for each other.
The property has been provided with maintenance and coordination services, so the owner should pay the property fee.
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Anonymous users2024-02-05If there is a problem with the quality of the house, it is absolutely unreasonable to refuse to pay the property fee.
Because the problem of housing quality is the problem of the developer, you should find the developer.
The property fee is a contractual relationship between the owner and the property management company, and if the property management company refuses to pay the property fee, the property management company will file a lawsuit on the grounds of breach of the property management contract, and the court will definitely rule to support it.
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Anonymous users2024-02-04If there is a problem with the quality of the house, it is unreasonable for the owner to refuse to pay the strata fee.
Because the quality of the house is the responsibility of the developer, the developer should be found for repairs during the warranty period. Beyond the warranty period, you can find the property to repair it, but the cost of the repair should be borne by the owner. Therefore, the quality of the house and the payment of property fees are not related to two things.
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Anonymous users2024-02-03If there is a problem with the quality of the house, you should go to the developer. This refusal to pay the property fee seems unreasonable, and this problem is not caused by the property, it is caused by the developer, you have to go to the lawsuit with the developer, and ask them to give you an explanation. Compensate you for your losses.
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Anonymous users2024-02-02If there is a problem with the quality of the house, you can postpone the payment of property fees, and it is recommended that after the problem is solved, it should be paid at one time, which should be reasonable.
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Anonymous users2024-02-01If there is a problem with the quality of the house, you cannot refuse to pay the property management fee. It is the legal obligation of the owner to pay the property management fee at the time of occupancy, and the owner shall pay the property management fee as long as he has enjoyed the property management service, and shall not fail to perform the legal obligation to pay the property management fee on the grounds of housing quality problems.
1. Should the annual income and expenditure of the property be disclosed?
The annual income and expenditure of the property should be disclosed. The property fee shall be paid from the next month from the date of delivery of the property every year, and the owner shall pay the property service fee according to the agreement of 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.
If the project has been completed but has not yet been handed over to the property management, the service fee of the property management company shall be paid by the construction unit in a timely manner.
Second, who pays the property fee for the rental of the façade room.
In principle, the property fee for the rental of the façade room shall be paid by the owner, and if the owner and the tenant have agreed on who pays, the property fee shall be paid according to the agreement between the two parties. According to Article 944 of the Civil Code of the People's Republic of China, which came into effect in 2021, the property fee shall be paid by the landlord in accordance with the property management service contract signed between the owner and the property management company. If the lease contract states the rent, the lease term, and the expenses incurred during the lease term, such as water charges, electricity charges, property fees, etc., which party will pay the property fee, the property fee shall be paid according to the agreement of both parties, and if the lease contract does not clearly state who will bear the property fee, the owner shall pay the property management fee.
3. How to pay the property fee.
Property fees are generally paid from the month following the delivery. In general practice, the property service fee is paid on a monthly basis, and is paid by the developer before the delivery of the house, and by the buyer from the next month after the actual receipt. The amount of property fee is calculated according to the property area of the owner, and the area on the property right certificate is multiplied by the unit price of the property fee multiplied by 12 months, which is the management fee of Wuda Pants Industry for one year.
Article 41 of the Property Management Regulations.
The owner shall pay the property service fee according to the agreement of 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.
Article 65.
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.
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Anonymous users2024-01-31Because the quality of the house is the contractual relationship between the owner and the developer, and the property management fee is agreed between the owner and the property management company according to the property management contract, the two are two different legal relationships. For the quality of the house, the owner should hold the developer accountable, and there is no direct contact with the property management company, and the owner cannot use this as an excuse to default on the management fee.
Legal basis: 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 service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property 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 management fee within the time limit, the property management service provider may urge the property management service provider to fail to pay within a reasonable period of time, and 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.
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Anonymous users2024-01-30The property management company has nothing to do with the quality of the house, and after the property management company has performed the property management services according to the contract, the owner shall fulfill the obligation to pay the property service fee according to the contract. 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.
Legal basis 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 service provider has provided services and services in accordance with the agreement and relevant regulations, 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 within a reasonable period of time, the property service provider may file a lawsuit or apply for arbitration.
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Anonymous users2024-01-29You should sue the developer and ask for compensation.
Strata fees ......Let's take a look at the relationship between the property company and the developer.
Property development is one, that's okay to say. If it doesn't matter to the two companies at all, if you don't pay the property fee, you will inevitably be sued by the property to the court.
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Anonymous users2024-01-28Property inaction and non-maintenance can defer the payment of property fees until the property acts.
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Anonymous users2024-01-27Property management and house sales are two legal relationships, the property management company and the developer are two different corporate legal persons, and the owner should not refuse to pay the property management fee to the property management company because of the developer's problems. If the property management company is indeed a department of the developer or has other asset ties, then the owner can refuse to pay the property management fee if there is a problem with the quality of the property. This can actually be understood as a kind of debt set-off.
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Anonymous users2024-01-26If there is a quality problem in the house, it is a problem that the product is not qualified, and the property fee is a service fee, and the two are not related.
In the primary and secondary relationship, the relationship with the developer: the developer is Party A, and you are Party B. Relationship with the property company: You are Party A, and the property company is Party B. A developer cannot be equated with a strata company.
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Anonymous users2024-01-25Analyze the specific problems in detail to see what the problems are.
After the quality problem of the house, first look at whether the quality warranty period of the house has passed, if not, the quality of the house can be complained to the local quality inspection station; >>>More
The following are housing quality problems:
1. The building is unstable. It is manifested as sinking after the settlement period; Uneven settlement causes the building to tilt; The overall strength is insufficient, and the building is shaken or swayed in strong winds; Due to the imperfect structure, the load of part or all of the load-bearing system is insufficient, resulting in the hidden danger of partial or total collapse of the building. >>>More
1. Failure to obtain the "Residential Quality Assurance Certificate", "Residential Instruction Manual", and "Completion Acceptance Record Form"; 2. The developer delays the delivery of the building for no reason than agreed in the original contract, and delivers the house more than three months after being urged by the buyer; 3. Without the approval of the relevant departments, the developer changes the housing structure and the supporting environment agreed in the contract without authorization; 4. The developer has changed the structure of the house without the approval of the buyer; 5. If there is no agreement in the contract, and the actual delivery area of the house exceeds the absolute value of the error ratio specified in the original contract by more than 3% (excluding 3%), the house can be refused to be accepted and the purchase contract can be terminated; 6. After being verified by a qualified quality inspection agency, the quality of the main structure of the house is indeed unqualified; 7. Housing quality problems seriously affect normal residential use; 8. It does not have the premise that the roads in the community are unobstructed and the water, electricity, gas and heating have been connected; 9. Unable to provide qualified surveying and mapping data on the area of some houses.
When decorating the house, you can't choose the time when it's too trendy, you can choose something like autumn and winter. In this way, when calling a room, you can also have some time to prepare for acceptance. >>>More
If there is a quality problem with the food, you need to pay for it yourself to go to the relevant departments for testing, and the cost is generally very high.