If the property service in the community is not in place, what method can be used to reduce the prop

Updated on society 2024-07-18
9 answers
  1. Anonymous users2024-02-12

    I think it should be reported to the relevant departments for management, and now many properties are not fulfilling their obligations at all, just making money.

  2. Anonymous users2024-02-11

    I think that if the community service is not in place, the owners of the community can unite to boost the pressure to the property company, or apply to some relevant local departments for arbitration and negotiation, if the other party still does not agree, they can sue the court to protect the legitimate rights and interests of the owners.

  3. Anonymous users2024-02-10

    If there are provisions in the "Property Service Contract" such as aging facilities, poor hygiene, indiscriminate parking and other problems such as inadequate property services, you can refuse to pay the property fee in this case, and you can refuse to pay the property fee according to the property contract. If it is not agreed in the strata contract, it is not possible to withhold the strata fee.

    Legal basis: Article 64 of the "Property Management Regulations", if the owner fails to pay the property service fee within the time limit in violation of the property 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.

  4. Anonymous users2024-02-09

    If the property service is not in place, you cannot refuse to pay the property fee. When encountering problems such as the lack of property services provided by the property management company, you can choose a reasonable way to protect your rights, such as reporting to the owners' committee in the community and solving it through negotiation and communication. When there is a serious problem with the property management services provided by the property management company, the owners' committee may dissolve the original property management company and hire a new property management company through due process in accordance with the law.

    The early payment and later payment of the property fee are stipulated according to the property contract, and some properties require early payment and some require later payment. At present, most communities implement prepayment, and when handing over the house, it is usually necessary to pay the property management fee first. The owners' committee shall enter into a written property service contract with the property management service enterprise selected by the owners' general meeting.

    The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc.

    Legal basisArticle 7 of the Property Management Regulations.

    In 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;

    2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;

    3) To 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 the relevant provisions of the state;

    5) Pay the property service fee on time;

    6) Other obligations provided for by laws and regulations.

  5. Anonymous users2024-02-08

    Legal analysis: the property service is not in place is not allowed to refuse to pay the property fee, there is no legal correlation between the two, at this time it is necessary to choose a rational way to protect rights, first of all, you can reflect this situation to the community owners' committee, so that it will be solved through negotiation and communication. If there is indeed a major problem in the property management services provided by the property management company, then the owners' committee can also dismiss the original property management company and re-hire the new property management company through due process in accordance with the law.

    Only when the following situations occur, the landlord can not pay or underpay the property service fee:

    1. If the property management enterprise provides services on its own in addition to the property management service contract, such as providing services on its own, which has not been approved by the owners' committee or the owner, the owner or user may not pay the fee.

    2. The property company should implement the first guide price to collect relevant service charges from the owner, and the owner can refuse to pay for some more than the guidance.

    3. If it is found that the property management company does not comply with the obligations agreed in the property service contract, the owner can also not pay or pay less property service fees at this time.

    4. If it is found that the property management company has raised the property service fee standard without authorization, then the owner does not need to pay for some unauthorized increases.

    5. The property service contract stipulates that the service will be charged after the service, and the property management company has not yet proposed the corresponding service at the same time, the owner can not pay the corresponding service fee at this time.

    Legal basis: Article 7 of the "Property Management Regulations" The owner shall perform the following obligations in the property management activities:

    1) Abide by the management statute and the rules of procedure of the general meeting of owners;

    2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;

    3) To 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 the relevant provisions of the state;

    5) Pay the property service fee on time;

    6) Other obligations provided for by laws and regulations.

  6. Anonymous users2024-02-07

    It is not possible to refuse to pay the property fee if the property service is not in place. The property fee can not be paid in the following cases: the house has not been delivered because of the quality of the house.

    The property management company fails to perform the service responsibilities of the contract. The quality of services provided by the property management company does not meet the standards agreed in the contract. The property management company does not have the original approval documents of the price management department.

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

    Article 41 of the Regulations of the People's Republic of China on Property Management.

    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.

  7. Anonymous users2024-02-06

    1. Can I refuse to pay the property fee if the property service is not in place?

    1. If the property service is not in place, it is not possible to refuse to pay the property fee. The property fee is an obligation that the owner must fulfill after signing the property contract with the property management company. Houses that have been completed but have not yet been delivered to the owner are paid by the developer.

    2. Legal basis: Article 7 of the Property Management Regulations.

    In 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;

    2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;

    3) To 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 the relevant provisions of the state;

    5) Pay the property service fee on time;

    6) Other obligations provided for by laws and regulations.

    2. Circumstances under which the property fee may be refused.

    Only in the following circumstances can the owner not pay or underpay the property service fee:

    1. 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;

    2. The property service charge project that implements the ** guide price, the owner can refuse to pay the part that exceeds the guidance;

    3. If the property management enterprise does not issue the obligations agreed in the property service contract, the owner may not pay or pay the corresponding property service fee;

    4. Property management enterprises raise the property service fee standard without authorization, and some owners who raise it without authorization can not pay;

    5. If the property service contract stipulates that the service will be charged first, the owner may not pay the corresponding service fee if the property management enterprise does not propose the corresponding service.

  8. Anonymous users2024-02-05

    If the property service of the community is not in place, it will be very troublesome. Some owners who are more emotional will resolutely refuse to pay the property fee because the service is not in place. Can a landlord have no or underpayment of strata fees at his discretion?

  9. Anonymous users2024-02-04

    The quality standards of property services shall be agreed in the property contract, and the property services shall be of public nature, and the owners shall not delay or refuse to pay the property fees on the grounds that the property services do not meet their own requirements.

    Article 944 of the Civil Code: 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 service provider may urge him 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. In view of the defective services of property management service enterprises, the owners should choose the normal way to protect their rights, and should not adopt the method of arrears or refusal to pay property fees. If there is a problem involving the overall property management service of the community, the owner can communicate with the property management company through the owners' committee to urge it to improve and improve the quality of the property service, and can exercise the right to terminate the contract through legal procedures and select a new property management company.

    If the property management company breaches the contract and causes losses to the owner, the owner should pay attention to preserving the evidence and require the property management company to bear the responsibility through negotiation or litigation. Property enterprises should fully fulfill their obligations in accordance with the contract, enhance service awareness, improve service quality, strengthen communication with owners, listen to reasonable suggestions put forward by owners in a timely manner, and provide high-quality services for the community.

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