The property is for the owner, but the property service is not given, why can t you refuse to pay th

I believe that everyone must know what the property fee is, and everyone usually needs to pay it every month or quarter when they live in the community, but now the situation of the owner refusing to pay the property fee also happens from time to time, so some people also want to refuse to pay the property fee, so what are the circumstances that can refuse to pay the property fee? Next, let's take a look at this aspect together.

1. No property service contract has been signed

In China's contract law, there is a provision that the relationship between the property company and the owner of the community is a relationship of service and being served, so if the property of the community where you are located does not sign a property contract with you, then you can refuse to pay the property fee! However, if the property management company has signed a property service contract with the property committee, but has not signed a property service contract with the owner, then everyone also needs to pay the property fee.

2. The property raises the charging standard and expands the scope of charging without authorization

If the property management company raises or expands the scope of the property management company's fees without the consent of the property owner, then you can raise a defense on the grounds of illegal charges, and the people's court should support it, and you should also ask the property to refund the illegal fees it has collected, and the people's court should support it.

3. Without the approval of relevant departments

If the property management company wants to collect the property fee from the owner, the premise is that it must obtain the original approval documents of the price management department. Owners are not required to pay strata fees without the approval of the strata management department before the strata company has obtained the approval of the strata management department, so the landlord can ask the strata company to produce these documents to check whether the strata fee should be paid when paying the strata fee.

4. There is no receiving

Generally speaking, the time when the owner starts to pay the property fee is when the owner officially takes over the house, so if the owner buys the house, but has not gone to pick up the house, and the property company has to charge in advance, then the owner can refuse to pay. However, if the buyer does not move in after taking over the house, then in this case the property fee will still have to be paid normally.

5. There is evidence to prove that the property service is too poor

The main work of the property company is to serve the owners, but now many property management companies can not satisfy the owners, so there are many owners who refuse to pay the property fees, but if the owners want to refuse to pay the property fees on the grounds that the service attitude of the property is not good, then there must be sufficient evidence, and then take the initiative to negotiate with the property, tell them that they are not doing it right, should not charge the property fee or charge less property fee, and keep a good record of the negotiation.

Under what circumstances can I refuse to pay strata fees? The previous article introduces this issue, I hope it will be helpful to you, through the above article, it can be seen that the property fee can only be refused to pay in some special circumstances, so if you have not encountered these special circumstances, then it will be better for you to pay the property fee on time.

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.

There are two situations in which the strata fee can be refused.

1. There is no any form of peace relationship with the property company.

2. The qualifications of the property company do not match.

If the standard of property fee collection is raised or the scope of the property management company's fees is expanded, then you can raise a defense on the grounds of illegal fees, and the people's court should support it, and you should also ask the property to refund the illegal fees it has collected, and the people's court should support it

Confirm whether there is a problem with the property service, or if you don't want the property service, if there is a problem with the property service, you can report to the relevant department that you refuse to pay the property fee.

Because even if there is no property service, there are still public services that need to be paid.

The property fee in the community must be paid, and the shared area is repaired and the like.

That's for sure, because there are a lot of public parts that have to be paid.

If the strata company has signed a strata service contract with the owners' committee, the landlord refuses to pay the strata fee.

The property owner can refuse service if the property does not pay the strata fee. The property management enterprise is the management and maintenance of the public area in the property management area, the owner does not pay the management fee, in fact, it infringes on the rights and interests of other owners, even if the property company is negligent, the owner should not refuse to pay the management fee on this ground. Referring to most of the court penalty cases, if the property management enterprise is negligent, it will generally decide to refund part of the property management fee, and the owner should actively collect evidence to protect its own rights and interests.

Instead of refusing to pay property management fees, this is illegal for both other property owners and property companies.

Civil Procedure Law of the People's Republic of China

Article 125.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate. Article 9.

People's courts hearing civil cases shall conduct mediation on the basis of the principles of voluntariness and legality; Where mediation fails, a judgment shall be made in a timely manner.

If you have not paid the property fee, the property cannot completely refuse to serve you, and the property needs to collect your property fee through legal means, and if you refuse to perform, there will be an additional late fee.

The property is to collect the property fee from the owner to provide services, and if the property fee is not paid, it is not within the service scope of the property, and the service should be refused and paid as soon as possible.

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.

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.