Legitimate reasons for refusal to pay strata fees

There are several legitimate reasons for refusing to pay strata fees. 1. The developer can refuse to pay the property fee if the delivery is delayed;

2. In the case of arrears of the original owner, the new owner may refuse to pay the property fee;

3. If the house inspection is unqualified, the property fee can be refused;

4. If the quality of property service is unqualified, the property fee can be refused;

5. Property companies can refuse to pay property fees if they use the common area to operate.

The service agreement between the owner and the property management unit is a relatively clear contractual relationship, and the rights and obligations of both parties are very simple, that is, the property management unit provides services and the owner pays the property fee. It is the obligation of the property management unit to provide services in accordance with the agreement, and its services are obviously not up to standard, that is to say, it violates the agreement and fails to fulfill its obligations, then as the owner, of course, it also has the right to refuse to perform the payment obligation, which is reasonable and legitimate.

The owner refused to pay the property fee on the grounds that the house was leaking rain, and the windows were ventilated and ventilated. In the event of a quality problem, the warranty period has expired, and the paid service is not agreed. Neighbors rent out their homes, don't feel safe, and don't pay strata fees.

The residents on the first floor built a garden, but the upstairs did not agree. The ground parking space in the community is not in line with the owner's wishes.

There are people in the community who raise large dogs, and there are poultry that affect the normal life of other owners, and they do not pay property fees.

The construction site of the rolling development has noise, obstructs the view, and the green space is destroyed during construction. The heating is not hot. The supporting facilities are not perfect, the problem of not paying the fee, the neighbor privately changed the flue smell, the front floor of the floor blocking the light, the shop lighting or noise, exhaust pollution, did not enjoy the service, such as the vacant room is not lived, the elevator does not sit.

It is the duty of the owner to pay the property fee, but sometimes the property behavior is really annoying, and the obligation to properly manage the property is not fulfilled. In fact, landlords have the right to refuse to pay strata fees in cases provided for by law. According to the Property Management Regulations, there are eight situations in which a landlord can refuse to pay the strata fee for a valid reason:

1. The collection of property fees should be calculated from the date on which the owner receives the notice of repossession, and should not be calculated from the date of delivery specified in the purchase contract. If the developer fails to notify the owner to take possession of the property, and therefore delays the repossession, the owner may refuse to pay the property fee during this period; 2. If the property management company does not sign a contract with the owner, the owner may refuse to pay; 3. If the energy fees generated by the property management company's requirements for heating, air conditioning and other power equipment are not within the scope of the owner's payment, they may refuse to pay; Fourth, the quality of property service is too poor to suspend the refusal, but there must be strong evidence, and find a substantive solution; 5. The owner has the right to refuse to pay when the property provides services that are not agreed in the contract or without the consent of the owner; 6. 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. 7. If the house is not delivered due to housing quality problems, the property fee shall be paid by the developer; 8. If the property management company does not have the original approval documents of the price management department, the owner may refuse to pay them; Therefore, in the case of the above situation, the owner has the right to refuse to pay the property management fee to protect his legitimate rights and interests.

The property management contract is a long-term contract, and in the process of performance, the owner and the property management company are prone to disputes, especially the situation where the owner refuses to pay the property management fee because the quality of the services provided and managed by the property management company is not up to standard. This kind of dispute can be divided into three situations depending on whether the owner's reasons for refusing to pay the fee can be established.

First, the reason for the owner's refusal to pay the fee can be established.

In the process of performing the property management contract, if the property management company does have a dirty and messy community environment, public security and security, and no one responds to the property repair, the owner refuses to pay the corresponding property management fee before the property management company completes the rectification, which is a response to the property company's non-performance of contractual obligations, and is an act of exercising the right of defense while exercising the contract in accordance with the law, and does not constitute a breach of contract. If the property management company has made rectifications in accordance with the statutory and agreed requirements, the owner shall pay the property management fee.

Second, part of the reasons for the owner's refusal to pay the fee are established.

The property management company has basically fulfilled its management service obligations, but it does have deficiencies in some aspects, such as cleaning work, vehicle parking management, etc. In this case, if the property management fee is charged in different items, the owner can only exercise the right of defense for the part of the property management company's failure to perform its duties, but not by refusing to pay the full amount of the property management fee. If the property management fee cannot be clearly divided into different items, the property management fee can be reduced according to the specific circumstances of the property management company's failure to fulfill its duties.

It should be noted that in the above circumstances, the owner is generally not required to pay a late fee when making up the outstanding property management fees.

Third, the reason for the owner's refusal to pay the fee cannot be established.

The property management industry is a low-profit industry with a certain public welfare nature. After the property management company has provided property management services in accordance with the statutory or agreed standards, if the owner still refuses to pay the property management fee without justifiable reasons, it is a violation of the property management contract, which damages the legitimate interests of the property management company, and shall bear the corresponding liability for breach of contract. In this regard, the property management company has the right to require the owner to pay the property management fee and pay the late fee as agreed in the contract; In the absence of a late payment penalty in the contract, the owner may be required to pay a late payment penalty in accordance with the statutory standard of liquidated damages for late payment.

The above content is for reference only.

Is it possible to waive the strata fee, and under what circumstances can the landlord refuse to pay the strata fee?

There are many legitimate reasons for refusing to pay property fees, but they should be determined according to the specific situation of the property management company in your community, such as: the property management company did not sign a property service contract with the owners' committee, the election of the owners' committee was illegal (not voted by more than two-thirds of the owners, the ballots were fake, etc.), the determination of the property fee was not approved by more than two-thirds of the owners, and the service of the property management service company was not in place (not corrected after being informed, etc.).

How can there be a legitimate reason, you work, your boss does not pay you a salary, you ask? Okay? Who broke the law?

It is the duty of the owner to pay the strata fee, but sometimes the property does not fulfill the obligation to properly manage the property and therefore has the right to refuse to pay the strata fee in the case of the law.

According to the Property Management Regulations, there are eight situations in which a property owner may refuse to pay the property fee:

1. The collection of property fees should be calculated from the date on which the owner receives the notice of repossession, and should not be calculated from the date of delivery of the property as stated in the purchase contract. If the developer fails to notify the owner to take possession of the property, and therefore delays the repossession, the owner may refuse to pay the property fee during this period;

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

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

Fourth, the quality of property service is too poor to suspend the refusal, but there must be strong evidence, and find a substantive solution;

5. The owner has the right to refuse to pay when the property provides services that are not agreed in the contract or without the consent of the owner;

Sixth, the property management company without authorization to increase the standard of property service charges, the owner of the unauthorized increase of the part can refuse to pay the Ling Da Pap.

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

8. If the property management company does not have the original approval documents of the price management department, the owner may refuse to pay them;

Therefore, in the case of the above situation, the owner has the right to refuse to pay the property management fee to protect his legitimate rights and interests.

Legal basis: Article 7 of the "Property Management Regulations" The owners shall perform the following obligations in the property management activities: (1) Comply with the management statute and the rules of procedure of the owners' general meeting; (B) comply with the property management area of the common parts of the property and the use of common facilities and equipment, public order and environmental sanitation maintenance and other aspects of the rules and regulations; (3) To implement the decisions of the general meeting of owners and the decisions of the general meeting of owners authorized by the general meeting of owners; (D) in accordance with the relevant provisions of the State to pay special maintenance funds; (5) Pay the property service fees on time; (6) Other obligations provided for by laws and regulations.

Property service charges are the basis for maintaining the property service enterprises to provide property services and the normal operation of the community. Property service charges shall follow the principles of consistent quality and price, fairness and openness, and reasonable integrity. Property management service enterprises shall provide property management services and collect property management service fees in accordance with the contract.

The collection of fees other than those agreed in the contract lacks a contractual basis and should not be supported. However, in the case of property service costs, according to market changes, you can also apply for Xiang Xiang to adjust the property fee standard, but the adjustment of the property service fee involves the interests of the majority of owners, and the principle of due process should be followed. If no general meeting of owners is established, the consent of the owners of the exclusive part accounting for more than half of the total area of the building and more than half of the total number of owners shall be obtained. Otherwise, the adjustment procedure is illegal and cannot be supported by law.

In addition, the property service contract is a premise, and if there is no contract, it is inevitable that a defense can be raised. Legal basis: Article 285 of the Civil Code: Property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities in the building zoning in accordance with the provisions of the relevant property management service contracts in Part III of this Law, accept the supervision of the owners, and promptly respond to the inquiries raised by the owners on 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.

Therefore, the terms of the property service contract are very important, and if the property is in default, the owner can refuse to perform the obligation.

Summary. Hello, the legal reasons for refusing to pay the property fee are: 1. For those who are not within the scope of the owner's payment, they can refuse to pay; 2. Poor service quality can be refused under the premise that the property management company has promised or promised in writing in the contract and the service quality does not meet the requirements; 3. The owner has the right to refuse to provide services that are not agreed upon or agreed by the owner.

Hello, the legal reasons for refusing to pay the property fee are: 1. For those who are not within the scope of the owner's payment, they can refuse to pay the rent; 2. If the service quality is too poor, it can be refused to pay under the contract commitment or written promise of the property management company, but the service quality does not meet the requirements; 3. The owner has the right to refuse to provide services that are not agreed upon or agreed by the owner. <>

Legal basis: Article 7 of the "Regulations on the Management of Wunaqing Chanye" The owners shall fulfill the following obligations in the property management activities: 1. Abide by the management regulations and the rules of procedure of the owners' general meeting; 2. Abide by the rules and regulations on dust removal such as the use of common parts of the property and common facilities and equipment, the maintenance of public order and environmental sanitation in the property management area; 3. Implement the decisions of the general meeting of owners and the decisions of the owners' committee authorized by the general meeting of owners; 4. Pay special maintenance funds in accordance with relevant national regulations; 5. Pay the property service fee on time; 6. Other obligations stipulated by laws and regulations.

The legal reasons for refusing to pay strata fees are:

1. For those who are not within the scope of the owner's payment, they can refuse to pay;

2. Poor service quality can be refused under the premise that the property management company has promised or promised in writing in the contract and the service quality does not meet the requirements;

3. The owner has the right to refuse to provide services that are not agreed upon or agreed by the owner.

[Legal basis].Article 7 of the Property Management Regulations.

The owner shall fulfill the following obligations in the process of property management:

A) in accordance with the relevant provisions of the State to pay special maintenance funds;

2) Pay the property service fee on time;

3) Other obligations provided for by laws and regulations.

Article 35.

Property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. If a property management service enterprise fails to perform the provisions of the property service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

Warm type number Xin tipsThe above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Hello, glad to answer your questions. There are five situations in which you can refuse to pay the strata fee. 1. Because the house has not been delivered due to the quality of the house, the property fee is paid by the developer; 2. If the property management company fails to perform the service responsibilities of the property contract, all the owners may refuse to pay, but there must be strong evidence; 3. The service quality provided by the property company does not meet the standards agreed in the property contract; 4. The property company does not have the original approval documents of the price management department; 5. The property management company increases the charging items, expands the scope of charging, and raises the charging standard without authorization.

Legal Analysis: Legal Reasons for Refusal to Pay Property Fees: The basis for the payment of service fees by the owners is the "Property Management Service Contract" subscribed by the owners' committee and the property management company selected by the owners' meeting.

Article 7 of the promulgated Property Management Regulations clearly stipulates that "paying property service fees on time" is a basic obligation of property owners. Only in the following circumstances can the owner not pay or underpay the property service fee: The property management enterprise provides services on its own in addition to the property management service contract, and the owner or user may not pay the fee without the approval of the owners' committee or the owner.

The property service charge project of the first guide price is implemented, and the owner can refuse to pay the part that exceeds the guidance.

Legal basis: Article 7 of the Property Management RegulationsIn the course of property management activities, the owner shall fulfill the following obligations:

1) Abide by the management statute and the rules of procedure of the general meeting of owners; (B) comply with the property management area of the common parts of the property and the use of common facilities and equipment, public order and environmental sanitation maintenance and other aspects of the rules and regulations; (3) To implement the decisions of the general meeting of owners and the decisions of the general meeting of owners authorized by the general meeting of owners; (D) in accordance with the relevant provisions of the State to pay special maintenance funds; (5) Pay the property service fee on time; (6) Other obligations provided for by laws and regulations.