Is it possible not to pay the property fee for the property that has not been recorded?

Under normal circumstances, you can still choose to pay, because we buy a contract for the property, and the responsibility of the property is whether or not to go to the housing authority.

Filing, which is his responsibility. But let's say we don't pay strata fees.

In fact, the property can choose to sue us. However, for such a situation where the property is not recorded, some friends will choose not to pay it, because they feel that the property has not been recorded, so I can choose not to pay it for you. But we have to talk about it according to the contract, and we have to look at the contract to operate, because after all, it is signed.

1. If you buy a house, it doesn't matter if you live in it or not, but as long as you buy the house, you will also have property in the contract. As long as you sign the contract, then it is a valid contract, and you will sign the contract that you agree with. So in such a case, you also have to pay, because you have already signed the contract with the property when you signed the contract, so the contract is valid.

But if you think that you don't pay, you may encounter some properties, sue you, and give you some disputes, in fact, it is also a very troublesome thing, after all, we buy a house to live in to make ourselves more comfortable.

2. Therefore, when signing the contract, many conditioning conditions must be seen clearly and understood, because as long as you sign, these are all recognized and agreed by you. There are some accommodations that you agree to as a landlord, and the direction will also be shown in the contract, so this is also a kind of regulation for you to pay the strata fee. And you agreed to this ordinance in black and white, and you signed it.

In one case, it is reasonable or contractually necessary to choose to pay.

3. What about property, including:Public Resources, including the cost of staff labor on the property, so in a normal state, we all have to pay this fee. If you have any questions, you can negotiate and communicate with the property in advance, and you can't try to make a decision first and then cause trouble, in fact, it will also bring trouble to yourself. Therefore, the decision is made after communication, so that the decision made in this situation is reasonable and everyone can agree.

A property that has not been filed can only be said to be some negligence of the property management company, but failure to pay the property fee is a violation of some laws and regulations and is not allowed.

If a property like this is not filed, then it is an illegal property, and you can refuse to pay the fee, so it is not protected by law.

If the property service provider fails to file in accordance with the regulations, it cannot collect property (service) fees. The main basis is as follows:

1. In accordance with the "Property Management Regulations".

Article 40 stipulates that the owners and property service enterprises shall be in accordance with the property service charging measures formulated by the competent department of ***** in conjunction with the competent administrative department of construction, and shall be agreed in the property service contract. In accordance with the "Measures for the Management of Property Service Charges".

Article 11 stipulates that the composition of service fees includes property service costs, statutory taxes and fees and profits of property management enterprises; The 9 parts of the service cost (expenditure) are lacking in the quantity and quality of the common parts of the property and the common facilities and equipment, and the service cost and service fee cannot be verified in accordance with the law.

Article 10.

2. The property service provider shall carry out inspection and acceptance in accordance with the "Measures for Undertaking Property Inspection", focusing on the configuration standards, appearance quality and use function of the common parts of the property and common facilities and equipment, and if it is not in accordance with the provisions of Article 29 (holding the property service contract, management statute, undertaking inspection agreement, inspection records and other documents) to go through the filing procedures, it is proved that it evades the guidance and supervision of the competent department, and has not been approved for the record; Therefore, it is not possible to pass the filing and approval of the competent department of its charging standards, so it lacks a legal basis for charging, and violates the provisions of Article 13 of the "Law of the People's Republic of China" that "the provision of services shall be clearly marked in accordance with the provisions of the competent department", and the content of "charging items, charging standards, management forms, and charging basis" cannot be disclosed in accordance with the provisions of Article 6 of the "Provisions on the Clearly Marked Prices of Property Service Charges".

3. If the property service provider fails to perform the above obligations first, it is actually a failure to provide services in accordance with the regulations, which will inevitably lead to confusion and disputes in property management. In accordance with the Civil Code

Article 526: "Where the parties owe debts to each other in a sequential order, and if the party that should perform the debt first fails to perform, the party that performs later has the right to refuse its request for performance", the property management service provider has the right to refuse to pay the service fee if the property service provider has not yet fulfilled its obligations but requests to collect service fees.

Make suggestions in accordance with laws and regulations, hope to help friends, like.

Legal analysis: A property company that has not been filed with the administrative department, has no qualifications, and has not been issued a fee license by the local price department has no right to take over the community, contract the property services of the community and collect property fees.

Legal basis: Article 944 of the Civil Code of the People's Republic of China 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.

Legal analysis: property fees need to be recorded. Property charges must not only be registered with the Price Bureau, but also strictly implement the price bureau's charging standards.

If another set is found out, it will be severely punished. The property management in the early stage of the residential property implements the first guide price standard, and other types of properties implement the market adjustment price. Generally, it is necessary to file with the Price Bureau and the Housing Authority.

Legal basis: Article 278 of the Civil Code of the People's Republic of China The following matters shall be jointly decided by the owners: (1) formulating and amending the rules of procedure of the owners' general meeting; (2) Formulating and revising management regulations; (3) Elect the owners' committee or replace the members of the owners' committee; (D) the selection and dismissal of property service enterprises or other managers; (E) the use of funds for the maintenance of buildings and their ancillary facilities; (6) Raising funds for the maintenance of buildings and their ancillary facilities; (7) Reconstructing or reconstructing buildings and their ancillary facilities; (8) Changing the use of the common part or using the common part to engage in business activities; (9) Other major matters related to co-ownership and co-management rights.

Matters jointly decided by the owners shall be voted on by the owners of the exclusive part accounting for more than two-thirds of the area and the number of owners accounting for more than two-thirds. Decisions on the matters provided for in items 6 through 8 of the preceding paragraph shall be made with the consent of more than three-quarters of the owners of the exclusive portion of the voting area and more than three-quarters of the owners participating in the voting. Decisions on other matters in the preceding paragraph shall be made with the consent of more than half of the owners of the area of the exclusive part of the voting and more than half of the owners participating in the voting.

The strata fee needs to be recorded. Property charges not only need to be registered with the Price Bureau, but also strictly implement the price bureau's destruction fee standards. If another set is found out, it will be severely punished.

The property management in the early stage of the residence shall be subject to the first guide price standard car surplus consumption standard, and other types of properties shall be subject to market adjustment prices.

Generally, it is necessary to go to the Price Bureau and the Housing Bureau for the record. When filing with the Price Bureau, it is necessary to submit:

1. Property cost accounting table;

2. The property management contract filed by the housing management department;

3. Application form for the filing of property charges;

4. A copy and copy of the business license of the property company.

Legal analysis: The property fee of vacant houses is generally 70% of the total cost of the community, depending on the publicity of the industry.

Legal basis: Measures for the Administration of Property Service Charges" Article 8 of the notice Property management enterprises shall, in accordance with the provisions of the competent authorities, implement clear pricing, and publicize the service content, service standards, charging items, charging standards and other relevant information in a prominent position in the banquet property management area.

Legal analysis: The property fee of vacant houses is generally 70% of the total cost of the community, depending on the publicity of the property.

Legal basis: "Measures for the Administration of Property Service Charges" Article 8 property management enterprises shall, in accordance with the provisions of the competent authorities, clearly mark the price, in a conspicuous position in the property management area, the service content, service standards and charging items, charging standards and other relevant information for publicity.