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I'm going to hand over the keys after I got the keys
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Summary. In the law, regardless of whether the owner actually moves in, even if the house is vacant, the corresponding fee should be paid, including the elevator fee, so it must be paid.
In the legal regulations, regardless of whether the owner has actually moved in, even if the house is vacant, the corresponding fees should be paid, including the hail elevator fee, so it must be paid.
In addition, the elevator public energy consumption fee, commonly known as the elevator fee. As the name suggests, the elevator fee is not only the cost of taking the elevator, but also the cost of maintenance due to daily filial piety. As one of the owners of the community, he has the right to co-ownership and co-management of the elevator, and at the same time, he must bear the obligation to maintain the common property.
Even if you don't live in it, you have to pay an elevator fee.
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Legal analysis: It is unreasonable not to pay the property fee and not to use the elevator. The property management company shut down the elevator on the grounds of not paying the property fee, restricted the owner from taking the elevator, and even the owner who had paid the fee could not use the elevator, which seriously infringed on the legitimate rights and interests of the owner.
The property fee is the fee charged by the property owner and user to entrust the property management unit to carry out daily maintenance, repair, remediation and other services related to the life of residents on the housing public buildings and their equipment, public facilities, greening, sanitation, transportation, public security and environment in the residential community.
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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According to the provisions of relevant laws, other public places, public facilities and property service buildings in the building zoning belong to the owners in common. The ownership belongs to the owner, not the property management company, and the property management company has no right to set up obstacles to use and restrict the owner from using the elevator to enter and exit freely. The relationship between the property management company and the owner is a service relationship, and if the owner cannot pay the property fee on time and as agreed, the property management company can solve it through legal means.
1. Does the property in arrears have the right to stop the water?
Properties with water bills in arrears do not have the right to stop the water. According to the relevant national laws and regulations, it can be known that the owner has violated the property service contract signed with the property management company because he failed to pay the property service fee on time. As a property management company, in accordance with the contract, urge the owner to pay the breach of contract, or solve it through legal means.
The law does not give property companies the right to cut off water and electricity.
Second, the second-hand house bought did not sign a property service contract with Wucheng Dust Industry.
The Prime Minister's Answer to the Property Management Regulations stipulates that after the owners' committee is established in accordance with the law, the property management contract signed between the owners' committee and the property management company shall be binding on all owners. If the owners' committee does not sign a written property service contract with the strata company, but the landlord actually accepts the strata services, the landlord shall pay the corresponding fee to the strata company for the services actually incurred** as compensation for the services provided. Therefore, if the property contract is not signed or the property company does not provide proof of qualification, the owner cannot refuse to pay the property fee.
3. Precautions after the occurrence of property disputes.
It is wrong for a property owner not to refuse to pay the property management fee because of the poor service quality of the property management company. Because after the owner and the property manager Qianhuili signed the property service agreement, the two parties formed a service contract relationship, so the owner should pay the property fee within the agreed period. Because of the property management fee, the property company needs to carry out the property service of a guarantee fund, if the owner does not pay on time, it will inevitably cause the property company to be unable to carry out better services due to insufficient funds, and then cause the decline of service quality.
Therefore, whether it is from the perspective that the owner wants to urge the property management company to improve the quality of property services, or from the perspective of the law, the owner should pay the property management fee on time. If the property owner fails to pay the property management fee within the time limit, the property management company has the right to sue the property owner. At this time, the owner can require the property management company to bear the liability for breach of contract on the grounds that the quality of the property service does not conform to the agreement.
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Summary. The Civil Code clearly stipulates: reasonable, the first floor also has to pay the elevator fee.
From the perspective of the use of elevators, the owners of high floors have a high dependence on elevators and take more rides; The owners of the lower floors have a very low dependence on the elevator, especially on the first floor, which basically does not use the elevator. However, the elevator fee is included in the strata fee. This makes many owners not understand.
In this regard, Article 273 of the Civil Code stipulates that the owner shall have rights and obligations to the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance.
Kiss, you have to pay it.
Our house is on the first floor, no need to take the elevator, 3 years, 4432 yuan is reasonable.
Can elevator fees be waived?
Dear, you need to pay the elevator fee for living on the first floor. The elevator in the community belongs to the public property of the owner, and the property does not have the property right before the annihilation, and is only responsible for the safety of the owner and the normal operation and management of the elevator. The owner has the right to use the income of the public elevator and shall not fail to perform the obligation to pay the elevator fee on the grounds of waiver of the right.
If you pay the fee, it will not be changed according to the amount set by the location.
The Civil Code clearly stipulates: reasonable, the first floor also has to pay the elevator fee. Judging from the use of big pants in the elevator, the owners of the high floors have a high dependence on the elevator and take more rides; The owners of the lower floors have a very low dependence on the elevator, especially on the first floor, which basically does not use the elevator.
But the rolling up is simply that the property fee includes the elevator fee. This makes many owners not understand. In this regard, Article 273 of the Civil Code provides:
The owner has rights and obligations for the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance.
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It is unreasonable not to pay the property fee and not let the elevator go.
If the property management company refuses to use the elevator on the grounds of not paying the property fee, it will seriously infringe on the legitimate rights and interests of the owner and is illegal. Under normal circumstances, the owner can coordinate with the property through the property committee, or complain to the property management department of the real estate bureau, or protect his rights through the consumer association.
The property fee is the fee charged by the property owner and user to entrust the property management unit to carry out daily maintenance, repair, renovation and other services related to the life of the residents of the demolished housing public buildings and their equipment, public facilities, greening, sanitation, transportation, public security and environment in the residential community.
According to the law, if the owner fails to pay the property fee within the time limit in violation of the agreement, 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. Property service providers shall not stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.
Legal basis: Civil Code of the People's Republic of China
Article 944.
The owner shall pay the property fee to the property service provider in accordance with the agreement. If the property management service provider has provided services in accordance with the agreement and relevant provisions, 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 after the expiration of the time limit, the property 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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Failure to pay means that it is unreasonable to start answering the property fee and not allowing the elevator to be used. The property management company shut down the elevator on the grounds of not paying the property fee, restricted the owner from taking the elevator, and even the owner who had paid the fee could not use the elevator, which seriously violated the legitimate rights and interests of the owner. The property fee is the property owner and user entrusting the property management unit to the housing public buildings and their equipment and public facilities in the residential community.
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