Can I not pay the strata fee in my case?

The owner can not pay the property fee under the following circumstances: 1. The property fee is paid by the developer because the house has not been delivered due to the quality of the house; 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 evidence to prove it; 3. The service quality provided by the property management company does not meet the standards agreed in the property contract; Wait a minute.

Suggestions: 1. Take pictures of the wooden floor first to prevent them from cheating.

2. Check the warranty description of the wooden floor in the purchase contract, how to see it?

3. Ask the property to give you a written explanation of why it can't be replaced. (Evidence collection process) 4. Based on the completion of the first three steps, you can temporarily do not need to pay the management fee, and wait until the problem is solved.

At that time, even if the property company sues you for not paying the management fee, you still have something in hand, don't be afraid!

LZ is the right question.

I work for a real estate company.

It's customer service. First of all, I want to tell you that the payment of the property fee depends on the notice of receipt issued by the developer, and the property fee will be paid from the next month after it is issued.

The property fee must be paid, and the state has clear regulations, so it makes no sense even if it is pulled to the court.

lz can. Take a picture of the wooden floor first.

2. Check the warranty description of the wooden floor in the purchase contract, how to see it?

3. Ask the property to give you a written explanation of why it can't be replaced.

Then take these things to the local housing authority to prosecute.

But of course, during this period, you still have to pay the property fee, which is clearly stipulated by the law.

The flooring problem should be solved by the developer, and the property fee has nothing to do with the quality of the house, so it is unreasonable for you to refuse to pay the property fee on this basis.

If there is a problem with the house, you should find a real estate company and check out directly.

Legal analysis: 1. If the energy costs generated by the property company's demand for heating, air conditioning and other power equipment are not within the scope of the owner's payment, they can refuse to pay; 2. The quality of property service is too poor and can be temporarily refused, but there must be strong evidence and a substantive solution should be found; 3. When the property provides services that are not agreed in the contract or without the consent of the owner, the owner has the right to refuse to pay; 4. The owner can resolutely refuse the property management company's request for the owner to pay the property fee before the house is collected; 5. If the house has not been delivered due to housing quality problems, the property fee shall be paid by the developer; 6. If the property management company does not sign a contract with the owner, the owner may refuse to pay it; 7. If the property management company does not have the original approval documents of the price management department, the owner can refuse to submit them; 8. In the case of the property management company raising the property service fee standard without authorization, the owner may refuse to pay the part of the unauthorized increase.

Legal basis: "Measures for the Administration of the Sales of Commodity Housing" Article 13 When the real estate development enterprise selects and hires a property management enterprise for the sale of commercial housing, the buyer shall enter into an agreement on property management with the property management enterprise selected by the real estate development enterprise when entering into the contract for the sale and purchase of commercial housing.

The following situations can not pay the property management fee:

1. Because the quality of the house has not been delivered, the property fee is paid by the developer;

2. The house is rented out, and the lease contract indicates that the property fee is paid by the tenant;

3. If the property management company fails to perform the service responsibilities of the contract, all the owners can refuse to pay, but there must be strong evidence;

4. The property management company did not sign a contract with the owner; The quality of services provided by the property management company does not meet the subject matter agreed in the contract;

5. The property company does not have the original approval documents of the price management department;

6. The property management company expands the scope of fees and raises the fees without authorization;

7. The property management company increases the fee items without the permission of the owner;

If it is to be reviewed, the owner does not have the right to review the income and expenditure accounts of the property, but the owner can agree whether or by what means when signing the Property Service Contract. Whether the property contract stipulates the obligation to keep the car, the property is at fault and bears the corresponding liability for compensation.

The property fee is the fee charged by the property owner and user for entrusting the property management unit to carry out daily maintenance, repair, remediation and other services related to the life of residents in the residential area for the housing construction and its equipment, public facilities, greening, sanitation, transportation, public security and environment.

The cost of property services or the composition of property service expenses generally includes the following parts:

1. Manage the salary, social insurance and welfare fees of service personnel;

2. Daily operation and maintenance costs of common parts of the property and common facilities and equipment;

3. Cleaning and sanitation costs in the property management area;

4. Greening and maintenance costs in the property management area;

5. Property management area order maintenance costs;

6. Office expenses;

7. Depreciation of fixed assets of property management enterprises;

8. The common parts of the property, the common facilities and equipment and the public liability insurance costs;

9. Other expenses agreed by the owner.

The cost of overhaul, medium repair, renewal and renovation of the common parts of the property and the common facilities and equipment shall be disbursed through special maintenance funds, and shall not be included in the property service expenditure or property service cost.

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 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.

You may not pay the strata fee in the following cases:

1. Illegal or breach of contract that damages the interests of the owner can constitute a valid reason for refusing to pay the property fee. That is, if a property management service enterprise violates the charging standards stipulated by laws, regulations, and departmental rules, collects fees in violation of laws and regulations, or violates the contract to damage the interests of the owners in distressed towns, it can be used as a legitimate reason for defense;

2. The service is defective. In the absence of illegal or obvious breach of contract, the owner's defense on the basis of defective services needs to be based on the principle of good faith, combined with the service standards of the property management service enterprise and the property charging standards, to conduct a comprehensive evaluation of the property management services, and then determine whether the owner's justification for the defense can be established.

3. The exercise of management responsibilities is not in place, such as not timely and effectively stopping illegal acts such as demolishing load-bearing walls.

The components of the strata fee mainly include the following points:

1. Expenditure on public water and electricity;

2. Expenses for purchasing or leasing necessary machinery and equipment;

3. Expenses for property insurance and various liability insurances;

4. The cost of garbage cleaning, pool cleaning, disinfection and pest control;

5. The cost of cleaning public places and curtain walls and walls.

To sum up, if a property management service 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 the law.

Legal basis

Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Property Service Disputes.

After the rights and obligations of the property management service contract are terminated, if the owners' committee requests the property management service enterprise to withdraw from the property management service area, hand over the property management service premises and related facilities, as well as the relevant materials necessary for the property management service and the special maintenance funds managed by it, the people's court shall support Luchai.

Where a property management service enterprise refuses to withdraw or hand over, and requests the owner to pay the property management fee after the termination of the rights and obligations of the property management service contract on the grounds that there is a de facto property management service relationship, the people's court will not support it.

1. If the energy costs generated by the property management company's demand for heating, air conditioning and other power equipment are not within the scope of the owner's payment, they can refuse to pay;

2. The quality of property service is too poor and can be temporarily refused, but there must be strong evidence and a substantive solution should be found;

3. When the property provides services that are not agreed in the contract or without the consent of the owner, the owner has the right to refuse to pay;

4. The owner can resolutely refuse the property management company's request for the owner to pay the property fee before the house is collected;

5. If the house has not been delivered due to housing quality problems, the property fee shall be paid by the developer;

6. If the property management company does not sign a contract with the owner, the owner may refuse to pay it;

7. If the property management company does not have the original approval documents of the price management department, the owner can refuse to submit them;

8. In the case of the property management company raising the property service fee standard without authorization, the owner may refuse to pay the part of the unauthorized increase.

Legal basis: According to Article 13 of the Administrative Measures for the Sales of Commodity Housing, if a real estate development enterprise selects a property management enterprise at the time of the sale of commercial housing, the buyer shall enter into an agreement on property management with the property management enterprise selected by the real estate development enterprise when entering into a contract for the sale and purchase of commercial housing.

Legal analysis

There is no contradiction between the two, don't think about the problem too complicated, you can get it done quickly by applying for unemployment insurance. Therefore, it is recommended to apply for unemployment insurance first to receive unemployment benefits, and then find a new job to buy social security. In fact, it is not complicated to apply for unemployment insurance, and it can be done quickly, so don't think about it too complicated.

The duration of receiving unemployment benefits can be up to 24 months! Usually, the relevant procedures can be completed in half a day.

Legal basis

The Social Insurance Law of the People's Republic of China

Article 45 An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**: (1) the employer and the employee have paid unemployment insurance premiums for one year before becoming unemployed; (2) Interruption of employment not due to the person's will; (3) Those who have already registered as unemployed and have requirements to seek employment.

Article 46 Where an unemployed person has paid contributions for one year but less than five years before he or she becomes unemployed, the maximum period for receiving unemployment insurance money shall be 12 months; If the cumulative contributions have been made for five years but less than 10 years, the maximum period for receiving unemployment insurance benefits is 18 months; For those who have made contributions for more than 10 years, the maximum period for receiving unemployment insurance money is 24 months. If a person becomes unemployed again after re-employment, the payment period shall be recalculated, and the period for receiving unemployment insurance money shall be calculated together with the period for which unemployment insurance money should have been received but not yet received in the previous unemployment, and shall not exceed 24 months.

Article 47 The standard of unemployment insurance money shall be determined by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall not be lower than the minimum subsistence security standard for residents of Chengqing Chongshu City.

You can refuse to pay the strata fee in the following cases:

1. The property service enterprise fails to perform its obligations in accordance with the contract;

2. The service items are not within the scope agreed in the property contract.

1. Is there any responsibility for the property of the community to lose things in the community?

If something is lost in the community, whether the property of the community is responsible depends on the specific situation:

1. First of all, it is necessary to see whether there is a clear agreement in the property contract and property service manual and other documents that the property is responsible for the safety of the community and the property safety of the residents.

2. If there is no clear agreement in the property contract, it depends on whether the property company has fulfilled its management obligations, whether the management measures are appropriate, and whether there are management mistakes that have led to the occurrence of theft.

2. What happens if the property management fee is not fined?

If the owner violates the property management service contract and fails to pay or refuses to pay the property service fee within the time limit without justifiable reasons, the owners' committee has the right to urge him to pay within the time limit; If the payment is still not made within the time limit, the property management enterprise may file a lawsuit with the people's court. If the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management company and bear all the adverse consequences caused by losing the lawsuit.

3. How long is the statute of limitations for strata fees.

The statute of limitations for strata fees is three years. The Civil Code stipulates that 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.

Where a property management service enterprise has already provided services in accordance with the contract and relevant provisions, and the owner only uses the defense that he has not enjoyed or does not need to accept the relevant property management services, the people's court will not support it. Therefore, if the owner refuses to pay the property fee without a legitimate reason, he will be liable for breach of contract to the property management company and bear all the adverse consequences caused by losing the lawsuit.

Property Management Regulations

Article 41 The owner shall pay the property management service fee in accordance with the provisions of the property management service contract. If the owner and the property user agree that the property user shall pay the property service fee, the owner shall be jointly and severally liable for the payment.

Article 64 In violation of the property management service contract, the owner fails to pay the property management 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.