What should I do if the property is forced to pay the property management fee?

Take evidence to complain to the property committee, the community, or the district and county property office.

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.

Legal analysis: property management service enterprises shall provide certain standards of services in accordance with the provisions of the property management service contract, and the owners shall pay the property management service fees on time. The owner's failure to pay the property service fee not only violates the property service contract, but also infringes on the interests of other owners who pay the fees on time, and infringes on the common interests of the owners.

Therefore, if the owner fails to pay the property service fee within the time limit, he shall bear the corresponding legal responsibility.

Legal basis: Article 287 of the Civil Code of the People's Republic of China The owner has the right to request the construction unit, property management service enterprise or other managers and other owners to bear civil liability for the infringement of their legitimate rights and interests.

Legal analysis

Generally, there will be two books and one table when handing over the house, which is a proof of the quality of the house, and the developer can be required to bear the corresponding responsibility for the quality problems in the later stage. The "Contract for the Sale and Purchase of Commodity Housing" has relevant provisions on the delivery standards, and if it does not meet the delivery standards, the legitimate rights and interests can be safeguarded through legal channels. In the "Residential Quality Assurance Certificate", the state stipulates the minimum warranty content and duration for some contents, specifically:

Roofing waterproofing for 3 years; Leakage of walls, kitchen and bathroom floors, basements, and pipes for 1 year; The plastering layer of the wall and ceiling falls off for 1 year; Doors and windows are cracked, and hardware parts are damaged for 1 year; Ground hollowing cracking, large-scale sand for 1 year; Blocked pipes for 2 months; heating and cooling systems and equipment: 1 heating period or cooling period; 1 year of sanitary ware; Lamps and electrical appliances are switched on and off for 6 months. The warranty period starts from the date the developer delivers the home to the buyer. When handling the delivery and acceptance of the house, there must be a signature confirmation of the normal use of the housing facilities and equipment by the buyer.

As long as the house is within the warranty period, you can negotiate with the developer and ask it to repair it. If the developer refuses to perform and the parties fail to reach an agreement on the repairs, the developer can be sued for compliance. At the same time, the damage caused to the property due to the quality of the house can be claimed to the developer for compensation.

Legal basis

Civil Code of the People's Republic of China

Article 282: The income generated by construction units, property management service enterprises, or other managers from the use of the common part of the owners shall belong to the common ownership of the owners after deducting reasonable costs.

Article 284: Owners may manage buildings and their ancillary facilities on their own, or may entrust property management service enterprises or other managers to manage them. The owner has the right to replace the property service enterprise or other manager hired by the construction unit in accordance with the law.

Article 285: Property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities within the building zoning in accordance with the provisions of Part III of this Law on property management service contracts, accept the supervision of the owners, and promptly respond to the owners' inquiries about the property management services. Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.

In the event that the owner does not pay the property management fee, the property management company may first urge the owner to pay the property management fee to the property management service provider in accordance with the agreement, and may require the owner to pay within a reasonable period of time (such as one month); If the payment is still not made, the utility company can file a lawsuit or apply for arbitration. However, it should be noted that the property management company does not have the right to stop the power supply, water supply, heat supply, gas supply and other methods to collect, let alone collect violently.

1. Can I sue if I owe 3,000 in property fees?

The law does not clearly stipulate whether the property fee is paid monthly or annually, and if it is not paid, the property management company has fulfilled the reminder procedure, that is, to notify the owner to pay the property fee;

If the owner still fails to pay within the time limit, the property management service enterprise may file a lawsuit with the people's court, and the statute of limitations is three years from the date of knowing that the rights have been infringed.

However, in order to maintain a good relationship with the owner, the property company will not sue in a few months, and will notify in time, and if the owner says that he wants to pay, the property company will not sue.

In real life, there are many property disputes, either the owner has not paid the property fee after taking over the house, or the property company withdraws from the site, that is, changes the property company, and the original property company will sue.

Second, who should I complain to if the water pipe in the sliding ruler community often bursts.

The water pipes in the community often burst, and you can complain to the water supply unit and the property service company.

Water supply units shall be responsible for the maintenance and maintenance of water pipelines and facilities in accordance with law. The owners' committee and the property management company sign a valid property service contract, and the rights and obligations of both parties shall be fulfilled in accordance with the contract. The owner or the actual user of the property has the obligation to pay the property management fee, and the property management service company has the obligation to provide relevant services in accordance with the agreement.

If the maintenance and renewal of water pipes and pipes are within the scope of property services, the property management company shall bear it.

3. Whether the property in the community has the right to cut off water and electricity in the Civil Code.

Residential properties do not have the right to cut off water and electricity. According to the laws of our country, property service providers shall not stop the supply of electricity, water, heat, gas and other methods to urge the payment of property fees. 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.

Article 286 of the Civil Code stipulates that owners shall abide by laws, regulations and management regulations, and relevant acts shall comply with the requirements of resource conservation and protection of the ecological environment. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the legitimate rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passageways, and refusing to pay property fees.

Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.

When the owner does not pay the property fee, the property management company should first negotiate with the other party, and if the negotiation fails, it can sue. The party suing shall provide the complaint and the corresponding evidence. According to the relevant legal provisions, it is the obligation of the property owner to pay the strata fee.

Legal basis] Article 937 of the Civil Code.

The property service contract is a contract in which the property service provider provides the owner with property services such as the repair and maintenance of the building and its ancillary facilities, environmental sanitation and related order management and maintenance within the property service area, and the owner pays the property fee.

Property service providers include property service enterprises and other managers.

Article 938.

The content of the property service contract generally includes the service items, service quality, service fee standards and collection methods, the use of maintenance funds, the management and use of service rooms, the service period, service handover and other terms.

The property service contract shall be in writing.

In the case of non-payment of property fees, the property company will first make a reminder, and if it still does not pay after the reminder, the property company will report or complain to the relevant administrative department, and the relevant administrative department will deal with it in accordance with the law, and the general property will be required to pay the property fee, late fee and compensate for the loss.

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 property management service fee, the owner shall be jointly and severally liable for the payment. Article 64 of the "Property Management Regulations" violates the provisions of the property management 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.