Many owners do not pay the property fee, is there any way for the property?

Updated on society 2024-07-17
13 answers
  1. Anonymous users2024-02-12

    There are generally a variety of reasons for the owner to fail to pay the arrears, which may be deliberately unpaid due to dissatisfaction with the property service, the property fee is too high, or it may be because of busy work and other reasons to forget to pay the property fee, which is not malicious non-payment.

    Through written reminders, owners who forget to pay property fees can be reminded to take the initiative to pay, and property management companies can also be provided with opportunities to communicate with owners who maliciously do not pay, and understand the requests of owners, so as to better ease the relationship between property owners and promote community harmony.

    It can also provide a certain grace period and preparation time for property owners to pay strata fees, which can reduce property litigation and damage the relationship between property owners and property owners.

    1. Property companies should adhere to the bottom line of abiding by the law and abiding by the contract.

    Although, in legal theory, the owner is not allowed to defend his rights in arrears due to inadequate services, but,In reality, many courts award discounts on property fees because of the "inadequate service" of property management companies. Therefore, the property management company must first comply with laws, regulations, rules and industry standards, as well as the property service contract, so as to prevent the owner from finding out the defects in the property management company's services. This is a prerequisite for property companies to protect their own rights and interests.

    2. Be good at signing contracts.

    In the property service contract, one mustClearly agree on property service standardsto reduce service disputes; Two toAgree on the terms of payment of late fees in case of arrears, a certain percentage of late fees can have a deterrent effect on the owner; Third, it is necessary to agree on the settlement of service and fee disputes.

    3. Restrict the rights of owners in arrears through the management statute and the rules of procedure of the owners' general meeting.

    Obtain the consent of the owners' general meeting and the owners' committee, stipulate in the management statute and the rules of procedure of the owners' general meeting that the owners shall not be in arrears of property fees, and in case of default, they shall pay late fees, and restrict their right to participate in the owners' committee.

    4. It is necessary to master the ways and means of calling for property fees.

    There are many ways to collect fees:

    1) Door-to-door reminder;

    2) Interviews with key households;

    3) Ask the owners' committee to assist in recalling;

    4) Send a written reminder notice;

    5) Send a lawyer's letter;

    6) Apply for arbitration or court proceedings.

    Encourage property companies to use the first three (salute first and then soldier), and use the last three with caution. But for the old owners, the latter three can only be used.

  2. Anonymous users2024-02-11

    Indict. It is illegal not to pay the strata fee, and it is forced to do so by suing them.

  3. Anonymous users2024-02-10

    I think that at this time, the property should communicate with the owner, whether it is because he is not satisfied with the service of the property, if the owner does not give a clear answer, then the property should also make some changes to make its service better and better.

  4. Anonymous users2024-02-09

    If you want to pay the water, electricity and gas bills, you must pay the property fee before you can continue to pay the water, electricity and gas bills, so that the owner has no way to shirk it.

  5. Anonymous users2024-02-08

    The property management company can communicate more with the owner, find out the reason why the owner is unwilling to pay the property fee, and improve the work, I believe that it can be recognized by the owner. This not only solves the problem, but also allows the owner to pay the property fee.

  6. Anonymous users2024-02-07

    In many communities, water and electricity are controlled by the property, and if people do not pay the property fee, the property will not be sold to water and electricity, and the water and electricity will be cut off, and travel will be restricted, forcing people to pay the property fee.

  7. Anonymous users2024-02-06

    If the owner does not pay the property fee, how will the property management company deal with it?

  8. Anonymous users2024-02-05

    If the owner does not pay the strata fee, the property will be dealt with as follows:

    1. If the owner does not pay the property fee, you can negotiate first;

    2. If the negotiation fails, and the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider can urge him to pay within a reasonable period of time;

    3. If the payment is still not made after the expiration of the reasonable period, the property service provider may file a lawsuit or apply for arbitration;

    4. The property service provider shall not stop the power supply, water supply, heat supply, gas supply and other methods to urge the payment of property fees.

    Legal basisArticle 40 of the Property Management Regulations.

    Property service charges should follow the principle of reasonableness, openness and the cost and service level to adapt to, distinguish the nature and characteristics of different properties, by the owner and property service enterprises in accordance with the ***** department in charge of the construction of the property service charges formulated by the competent department of the property management department, agreed in the property service contract.

    What are the rights to the property.

    1. The pre-property service contract signed by the construction unit and the property service enterprise in accordance with the law shall be binding on the owner;

    2. Where the owner violates the property management service contract or laws, regulations, or management regulations by carrying out acts that obstruct the property management service and management, and the property management service enterprise requests the owner to bear the corresponding civil liabilities such as restoring the original state, stopping the infringement, and removing the obstruction, the people's court shall support it;

    3. If, after a written reminder, the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period of time within the reasonable period of the reminder, and the property management service enterprise requests the owner to pay the property management fee, the people's court shall support it;

    4. Where the owner and the tenant, borrower or other user of the property agree that the property user shall pay the property fee, and the property management service enterprise requests that the owner bear joint and several liability, the people's court shall support it;

    5. Where a property management service enterprise submits a claim for property management fees to the owners' committee, the people's court shall inform it to separately claim rights from the owners who are in arrears of property management fees.

  9. Anonymous users2024-02-04

    Property owners may not pay the strata fee if:

    1. The owner refuses to pay the property fee on the grounds of quality problems such as rain leakage in the house, ventilation and ventilation of the windows;

    2. The warranty period has expired in the event of quality problems, and the paid service is not agreed;

    3. The neighbor rents the house and feels unsafe;

    4. The residents on the first floor build a garden, but the upstairs does not agree;

    5. There are people in the community who raise large dogs and poultry;

    6. The ground parking space in the community is not in line with the owner's wishes;

    7. The supporting facilities are not perfect;

    8. The heating is not hot;

    9. There is noise at the construction site of rolling development, blocking the line of sight, and the green space is destroyed during construction;

    10. The neighbor privately changed the flue to return to the smell;

    11. blocking the light of the front building connecting floor;

    12. Shop lighting, noise, and exhaust pollution. The owner can find the relevant department to solve;

    13. Failure to enjoy the service, such as not living in a vacant room, not taking the elevator;

    14. Demolishing and altering the structure of the house without permission, and the development company will not repair it when there is a problem;

    15. Losses caused by accidents in public parts, and dissatisfaction with the insurance company's compensation amount and time is too long;

    16. Some owners do not pay the fee because they do not call a taxi in time;

    17. There are also owners who ask the property management company to reduce the property fee because the child is frightened by the neighbor's puppy;

    18. Unreasonable refusal to pay;

    19. The corridor is not cleaned thoroughly;

    20. The greening of the community is not timely, and the weeds in the green space are not cleaned up in time;

    21. The water on the road in the community is not cleaned in time on rainy days, and the snow is not cleaned in time on snow days;

    22. The street lamps and corridor lamps in the community are damaged and not repaired in time;

    23. Theft from home;

    24. The vehicle was scratched;

    25. After the aging of various facilities and equipment, there is no money to replace the property.

    Legal basisArticle 40 of the "Property Management Regulations" property service charges should follow the principle of reasonableness, openness and the cost and service level to adapt to, distinguish the nature and characteristics of different properties, by the owners and property service enterprises in accordance with the property service charges formulated by the competent department of ***** in conjunction with the construction administrative department, agreed in the property service contract. Article 41 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.

  10. Anonymous users2024-02-03

    Hello, I have seen your question and am sorting out the answer, please wait a while 1If the property has not been delivered due to housing quality problems or other developers' problems, the property fee will be paid by the developer; The strata fee shall be charged from the date on which the owner receives the notice of the property, and shall not be charged from the date of delivery as stated in the purchase contract. If the developer fails to notify the owner of the delivery of the property, and therefore the delivery is delayed, the owner can refuse to pay the property fee during this period.

    2.If the property management company fails to perform the service responsibilities of the property contract, all owners may refuse to pay, but there must be definite evidence; 3.The quality of services provided by the property management company does not meet the standards agreed in the property contract; 4.

    The property management 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; 6.If the energy costs 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.

    Question: Please ask me about my house rented to someone else for 5 years, and it has always been paid by the tenant, and a few days ago I suddenly received a message from the property management company ** that I owe the property fee.

    Wait a minute, if your rental contract stipulates that the tenant will pay the strata fee, the lessor, the landlord, will sue the tenant in court. Article 42 of the Property Management Regulations stipulates that the lease contract stipulates that the lessee shall pay the property fee, and if the lessee refuses to pay, the lessor shall be jointly and severally liable. The legal relationship of China's Civil Code also determines that the owner and the property company are directly in the legal relationship of the Civil Code, and the tenant is an indirect service and service relationship, and the owner is the lessor and the lessee is a direct legal relationship of the lease contract.

    If the property management company sues for the performance of the litigation request for the payment of water and electricity charges and property fees, then the defendant must be the owner and the lessor, and the lessee is listed as the third party or the second defendant at most, and if the property company does not file the lease contract, the property company directly sues the owner.

  11. Anonymous users2024-02-02

    Generally, the small community has to pay the property fee from the beginning of the move-in, but there are many cases where the owner can not pay the property fee, such as the property illegal charges, the developer delays the delivery of the house, etc., what are the specific situations in which the owner can not pay the property fee?

    1. If the property has not been delivered due to the quality of the house or the developer has postponed the delivery, the owner may not pay the property fee, and the property fee will be paid by the developer during this period.

    2. If the house is rented out, and the lease contract indicates that the property fee is paid by the tenant, the tenant shall pay it during this period, and the owner may not pay it.

    3. If the property management company fails to perform the service responsibilities of the contract, all the owners may refuse to pay, but there must be strong evidence.

    4. The owner may refuse to pay the fees that are not within the scope of the owner's payment.

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

    The impact of non-payment of strata fees

    If the owner does not pay the property fee for a long time, the property will sue the owner who has not paid the fee, and the result of the lawsuit is to make up the property fee. Under normal circumstances, even if the property itself is not in place, in order to protect the property from other communities, the law will favor the property side.

    1. Involved in judicial trouble.

    If many people do not pay the property fee for a long time, the property will sue the owner who has not paid the fee, and the result of the lawsuit is to make up the property fee, under normal circumstances, even if the property itself is not in place, in order to protect the property and avoid other communities from following suit, the property is not in place, it is recommended to use cameras, mobile phones, etc. to leave time and evidence in case of emergency.

    2. Violation of the property contract.

    Property Management RegulationsThe term "property management" in these Regulations refers to the activities in which the owner selects and hires a property management enterprise, and the owner and the property management enterprise repair, maintain, and manage the housing and supporting facilities and equipment and related sites in accordance with the property business contract, and maintains the environmental sanitation and order in the relevant area.

    3. Enter the credit blacklist.

    If the property owner maliciously refuses to pay the property fee beyond the bottom line of the law, and the court still does not enforce the judgment of the court, the court will include this behavior in the credit reporting system, and the court will maliciously refuse to pay the property fee into the integrity black list, which can cultivate the owner's conscious payment habit, punish the "old lai" who maliciously refuses to pay the property fee, and at the same time, is conducive to the formation of the entire social credit system.

  12. Anonymous users2024-02-01

    Legal analysis: If the owner does not pay the property service fee, the property service enterprise can file a lawsuit with the court. Property management service enterprises shall provide certain standards of services in accordance with the provisions of the property management service contract, and the owners shall pay the property management service fees on time.

    Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

  13. Anonymous users2024-01-31

    1. Under what circumstances can the owner not pay the property fee?

    1. The collection of property fees shall be calculated from the date on which the owner receives the notice of repossession, not from the date of delivery specified in the purchase contract. If the developer fails to notify the owner of the property and thus postpones the property acquisition, the owner may refuse to pay the property fee for this period.

    2. If the house has not been delivered due to the quality of the house, the property fee shall be paid by the developer.

    3. If the property management company does not have the original approval documents of the price management department, the owner can refuse to pay.

    4. If the property management company does not sign a contract with the owner, the owner can refuse to pay.

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

    6. In the case of the property management company raising the property service fee standard without permission, the owner can refuse to pay the part of the private increase.

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

    8. The quality of property service is too poor to temporarily refuse to pay, but there must be strong evidence and find practical solutions.

    2. What is included in the strata fee?

    1. The cost of security maintenance in the property management area.

    2. Office expenses.

    3. Depreciation of fixed assets of property management enterprises.

    4. Manage the salary, social insurance and welfare fees of service employees according to regulations.

    5. The daily start-up of the common parts of the property, the common facilities and equipment, and the cost of maintaining the traces of repentance.

    6. Cleaning and sanitation costs in the property management area.

    7. The common parts of the property, the common facilities and equipment and the public liability insurance costs.

    9. Other expenses agreed by the owner.

    8. Greening and maintenance costs in the property management area.

    9. The cost of maintaining public security in the property management area.

    Summary: The above is all the content introduced about the property owner under what circumstances can not pay the property fee, for your reference, I hope to bring help to friends in need. I think you also know something after reading it!

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