Does the property have the right not to let in if the property fee is not paid?

If you do not pay the property fee, the property has no right to prevent the owner from entering the door, and it is a personal right for the owner to go home, which is a violation of the owner's rights. If the owner defaults on the property fee, the property management company can protect its rights and interests by calling for payment or legal action, but it cannot call for the payment of the property fee by not allowing the owner to go home or cutting off water and electricity.

Legal analysis

If the property does not allow the owner to enter the door due to the property fee, the owner may file a civil lawsuit to require the property to stop the infringement. If there is a valid reason for not paying the strata fee, the corresponding evidence can be provided. If you refuse to pay the property fee without a valid reason, you need to pay the property fee in time after the court judgment.

The property signs a service contract with the owner, and the property provides services to carry out daily maintenance, repair and renovation of the housing public buildings and their equipment, public facilities and other projects in the residential community. The owner can accept the services provided by the property service company, and supervise the management and use of the common parts of the property, and the corresponding owner is obliged to pay the property service fee on time. If a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the owner, it shall bear the corresponding legal responsibility in accordance with law.

If the owner does not pay the property fee, the property may not provide the corresponding property management services, and if the property management company still fails to pay after repeated collections, the property management company may make a decision to sue the property owner, requiring him to pay the property fee and bear the late fees and liquidated damages for the arrears of the property fee.

Legal basis

Civil Code of the People's Republic of China

Article 937: A property management service contract is a contract whereby a property management service provider provides property management services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and management and maintenance of related order for the owners within the property management service area, and the owners pay the property management fees. Property service providers include property service enterprises and other managers.

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.

The property does not have the right to refuse entry, but if the property fee is not paid for one year, the property can sue the owner in court.

There is no right.

According to the Property Management Ordinance:

Article 41.

The owner shall pay the property service fee according to the agreement 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. 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.

Article 64.

If the owner fails to pay the property service fee within the time limit in violation of the property management service contract, 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.

Extended information: According to the "Measures for the Administration of Property Service Charges":

Article 15. The owner shall, in accordance with the provisions of the property management service contract, pay the property management service fees or property management service funds on time and in full. If the owner violates the property management service contract and fails to pay the service fee or property management service fund 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 enterprise may recover it in accordance with the law.

If the owner and the property user agree that the property user shall pay the property management service fee or property management service funds, the owner shall be jointly and severally liable for the payment from the agreement. When the property rights are transferred, the owner or user of the property shall settle the property service fees or property management service funds.

Article 16. For properties that have been completed but have not yet been completed, or have not been handed over to the property buyer on time due to the reasons of the development and construction unit, the property service fee or property service fund shall be paid in full by the development and construction unit.

Article 17. In the property management area, units such as water supply, power supply, gas supply, heat supply, communications, and cable television shall collect relevant fees from end users. If the property management enterprise accepts the entrustment to collect the above-mentioned fees, it may charge the entrusting unit a handling fee, and shall not charge the owner additional fees such as handling fees.

Article 18. Where the common parts of the property and the common facilities and equipment are used for business, the relevant formalities shall be handled in accordance with the provisions after obtaining the consent of the relevant owners, the owners' general meeting and the property management enterprise. The income obtained by the owners shall be mainly used to supplement the special maintenance funds, and may also be used in accordance with the decision of the general meeting of owners.

Article 19. Where property management enterprises have been entrusted to implement property management services and collect service fees accordingly, other departments and units shall not repeatedly collect fees of the same nature and content.

Article 20. The property management enterprise shall provide services other than those agreed in the property service contract according to the entrustment of the owner, and the service charges shall be agreed upon by both parties.

Although it is wrong not to pay the property fee, it is also illegal for the property to use this as a reason not to let the property into the community.

The property fee is not allowed to enter your home property, and he has no such right at all.