Legal issues in terms of property, legal issues in property management

It depends on whether the property management company provides services to the owners in the community, and the service is legally valid if the de facto contract is established, so the property management company's charges are legal. The analogy of Chinese property is apt.

Failure to pay the property fee is a breach of contract, and of course a late fee must be paid for breach of contract (the state has relevant regulations).

Property Management Ordinance

Article 42 The owner shall pay the property service fee in accordance with the provisions 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.

Sorry, I didn't see your question above.

The collection of management fees has little to do with the establishment of owners' committees, and according to the spirit of the Property Management Ordinance, it is also possible not to set up owners' committees.

The question asked by the landlord was very good"Passive acceptance of services"In fact, passive acceptance is also acceptance. For example, when we go to a restaurant to eat, we may not be satisfied with the quality of the restaurant's service, and we are very unhappy with the meal, but as long as we eat, we should still pay. If you are not satisfied with the service, you can put it forward before enjoying the service, and it is best to have a written form to ask the property management company to rectify, if the property management company refuses to rectify, and the service provided by the property management company has caused you to suffer losses (including mental loss), you can ask the property management company to compensate for the same, but you cannot not pay the management fee.

Once you accept the service, the de facto contract comes into effect even if there is no written contract, so according to contract law, if you do not pay the management fee, you are in breach of contract, and you will be liable for late fees for breach of contract. I don't know if I let the landlord understand this.

Legal Analysis:1civil liability; 2.economic legal responsibility; 3.administrative legal liability; 4.Criminal Liability.

Legal basis: Property Management Regulations

Article 56 In violation of the provisions of these Regulations, the construction unit of residential property does not select and hire property management service enterprises through bidding or without approval, and adopts the agreement to select and hire property management service enterprises, the local people's ** real estate administrative department at or above the county level shall order corrections within a time limit, give a warning, and may be fined less than 100,000 yuan.

Article 57 In violation of the provisions of these Regulations, the construction unit disposes of the ownership or right to use the common parts of the property and the common facilities and equipment belonging to the owner without authorization, and the local people's ** real estate administrative department at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owner, they shall be liable for compensation in accordance with law.

58th in violation of the provisions of these Regulations, do not hand over the relevant information of Yu Li, by the local people's ** real estate administrative departments at or above the county level shall be ordered to rectify within a time limit; If the relevant materials are not handed over within the time limit, the construction unit and property service enterprise shall be notified and a fine of between 10,000 yuan and 100,000 yuan shall be imposed.

Article 59 In violation of the provisions of these Regulations, property service enterprises entrust all property management within a property management area to others, the local people's ** real estate administrative departments at or above the county level shall order corrections within a time limit, and impose a fine of between 30% and 50% of the contract price. The proceeds from the entrustment shall be used for the maintenance and maintenance of the common parts of the property and the common facilities and equipment in the property management area, and the remaining part shall be used in accordance with the decision of the owners' general meeting; If losses are caused to the owner, they shall be liable for compensation in accordance with law.

60th in violation of the provisions of these Regulations, misappropriation of special maintenance funds, by the local people's ** real estate administrative departments at or above the county level to recover the misappropriated special maintenance funds, give a warning, confiscation of illegal gains, may be imposed a fine of less than 2 times the amount of misappropriation; where a crime is constituted, the directly responsible managers and other directly responsible personnel are to be pursued for criminal responsibility in accordance with law.

The applicable laws and regulations for property disputes include the Civil Code, the Property Management Regulations and the relevant judicial interpretations of the Supreme People's Court, and it is clear in the Property Management Regulations that property disputes can be complained to the real estate administrative department, and if there is a dispute over property fees, the owner is in arrears, and the property company can go to the court to sue.

1. What are the applicable laws and regulations for property disputes?

The applicable laws and regulations for property disputes include the Civil Code, the Property Management Regulations, and the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases. Article 48 of the "Property Management Regulations": the local people's ** real estate administrative departments at or above the county level shall promptly deal with the complaints of owners, owners' committees, property users and property file service enterprises in property management activities.

Article 64: In violation of the property management service contract, if 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.

2. What are the types of property disputes?

1. Property disputes without property service contracts.

There are many property management companies and the owners' committee or the owner has not signed a written contract, in the absence of a contract agreement and no regulations to follow, the two parties are very prone to disputes, and can not be well resolved, so the property service contract is still very important, the owner needs to pay attention to the signing of the property service contract, do not easily ignore.

2. Disputes over the standard of property fees.

The property management service fee for ordinary residential buildings is the first guide price, and the establishment of the fee should be based on the reasonable cost of property management services, and the comprehensive calculation should be carried out on the economic affordability of the owner, while other residential buildings must be agreed upon by the owner or the owners' committee. However, in fact, there is no specific standard for property fees, and the property management company will have the phenomenon of indiscriminate charges, and disputes will arise.

3. Disputes over the owner's refusal to pay property management fees.

The owner's refusal to pay the fee may be an unreasonable refusal, or it can be that the service quality provided by the property management company does not meet the standard agreed in the contract, or it may be due to the unreasonable allocation of public expenses, which needs to be dealt with according to the actual situation.

4. Disputes over breach of contract by property management enterprises.

The breach of contract by property management enterprises is mainly manifested in the poor maintenance and management of common parts and common facilities and equipment; If the property management company fails to fulfill its management responsibilities for environmental sanitation, greening, public order, etc., resulting in the deterioration of the property environment, the property management enterprise needs to bear the liability for breach of contract in accordance with the law.

To sum up, property disputes are common civil disputes, and there are Civil Codes, as well as special Property Management Regulations and related judicial interpretations for property disputes. Among them, the "Property Management Regulations" clearly stipulate the method of resolving disputes, and the local real estate administrative department has the right to accept disputes between owners and property management companies.

Common property disputes are as follows:

1. In the case of property disputes without property service contracts, property management enterprises carrying out property management services shall not only handle the registration of relevant enterprises, but also have the corresponding grade qualifications and charging qualifications, and obtain the relevant certificates issued by the competent authorities;

2. The property fee standard, the collection of property fees should follow the principle of reasonableness, openness and suitability with the service, and the charging standard should be strictly in accordance with the contract.

3. In the case of a dispute over the owner's refusal to pay the property management fee, it is a basic contractual obligation of the owner to pay the property management fee according to the agreement, but in practice, the reasons for such disputes are very complex, so the handling of such disputes should be based on reality and dealt with in different situations;

4. If the property management enterprise breaches the contract and operates or leases the common parts of the property to others or installs billboards, it shall be ordered to immediately restore the original state, and if the loss is caused to the owner or user, the property management enterprise shall be liable for compensation;

5. In the case of disputes caused by the property management enterprise taking measures such as stopping power supply, water supply and gas supply, if it is stipulated in the property management contract, if the owner owes the money, measures such as stopping water, electricity and gas can be taken, the agreement shall be followed.

Legal basis: Article 17 of the Property Management Regulations.

The management agreement shall stipulate in accordance with the law the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the management regulations.

Management regulations shall respect social morality and must not violate laws or regulations or harm the public interest.

The Management Agreement is binding on all owners.

The relevant laws of property management are: "Housing Maintenance Management", "Property Management Regulations", "Measures for the Management of Property Service Enterprise Qualifications", "Measures for the Management of Special Residential Maintenance Funds", "Interim Measures for the Administration of Bidding and Bidding for Property Management in the Early Stage", "Regulations on the Clearly Marked Prices of Property Service Charges", "Measures for the Administration of Property Service Charges", "Registered Property Management Engineers", "Property Law of the People's Republic of China", "Real Estate Management Law of the People's Republic of China".

Legal basis: Property Management Regulations

Article 1 These Regulations are formulated in order to standardize property management activities, safeguard the legitimate rights and interests of property owners and property service enterprises, and improve the living and working environment of the people.

Article 2 The term "property management" as used in these Regulations refers to the activities of the owners through the selection and employment of property management service enterprises, and the owners and property management service enterprises shall repair, maintain, and manage the houses and supporting facilities and equipment and related sites in accordance with the property management service contracts, and maintain the environmental sanitation and related order in the property management area.

Article 3 The State advocates that property owners choose property service enterprises through an open, fair and just market competition mechanism.

Article 4 The State encourages the use of new technologies and new methods, relying on scientific and technological progress to improve the level of property management and services.