Is it legal not to pay the property fee and not let the renovation be made?

The management of the property management company argues that the owner has not paid the property fee.

It is wrong to block and prevent the owner from decorating the house. This is because whether the owner pays the property fee and the owner decorates the house belong to two different legal relationships.

In accordance with China's Civil Code.

regulations, as well as around the relevant residential complexes.

According to the property management service regulations, the property service fee will be charged from the next month after the house is delivered for use and the buyer (owner) receives the key. Obviously, after the owner buys the house, he should pay the corresponding property fees.

If it is a property fee owed by the former owner, the owner may refuse to pay it in accordance with the law, "Measures for the Administration of Property Service Charges".

Article 15 provides:"When the property rights are transferred, the owner or user of the property shall settle the property service fees or property management service funds. "Therefore, for this part of the fee, if the buyer and seller enter into a contract for the sale and purchase of the house or a supplementary agreement.

If there is no special agreement, it shall be borne by the original owner.

A new property service contract relationship is formed between the property and the new owner, and the property management company shall recover the property fees owed by the original owner from the original owner, and the new owner shall not bear any responsibility for this. Therefore, there is no legal basis for the property management company to recover the arrears of property fees from the new owners.

According to the current "Residential Interior Decoration Management Measures", the property management unit shall implement management in accordance with the residential interior decoration management service agreement, and if it is found that the decorator or decoration enterprise has changed the main structure of the house or demolished, altered or built temporary facilities without the approval of the relevant departments, it shall be stopped immediately; Where factual consequences have already been caused or corrections are refused, they shall be promptly reported to the relevant departments for disposition in accordance with law. If the decorator or decoration enterprise violates the residential interior decoration management service agreement, the liability for breach of contract shall be investigated.

That is, the property management company is both its right and its obligation to stop the owner's illegal and illegal decoration.

However, as a property owner, you should also fulfill your responsibility as a property owner, that is, to pay the property fee on time, if the property fee is not paid, the property management company can sue the owner in accordance with the law, requiring the owner to fulfill its due obligations. If it is the property fee arrears of the former owner, you can also negotiate with the property owner to ask the former owner to recover the property fee owed and order him to make up for it.

There may be something else that makes you unhappy that makes you refuse to pay the strata fee. But their service has already been paid, and yet you are not satisfied by refusing to hand it over. Therefore, the property company has also chosen this way.

Both are in breach of contract. If you ask if it's illegal, even if they really break the law, you can report it to the police a long time ago. Isn't it just a civil dispute?

The police don't need to pay attention to you! If you don't change the way you communicate with property management, you'll never be able to decorate, believe it? I have dealt with property companies a lot, and I know that they have a solution.

If you don't pay the property fee, you won't let the decoration be illegal, and the two things can't be related, they are two unrelated things.

It is generally legal not to pay the property fee and not to allow the decoration. From the date of delivery, the property management of all public areas of the community has begun, and the management costs have been generated, and this cost is shared by all owners, and the property service agreement signed with the property at the time of delivery has also clarified the responsibilities and obligations of both parties, so the property fee must be paid. And if you decorate, you also have to pay a decoration deposit, garbage removal freight, apply for a decoration permit, and the engineering department of the property company should review the decoration drawings to prevent damage to the main structure of the house, affecting the interests of other owners, and also to ensure the safety of the owners.

Property Management Regulations

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 52.

If the owner needs to decorate and decorate the house, he shall inform the property management service enterprise in advance.

Property management service enterprises shall inform the owners of the prohibited acts and precautions in the decoration and decoration of the house.

Legal analysis: If you don't pay the property fee and the property is not renovated, then you can ask an outside renovation company to repair and decorate your house, and the property does not have any right to prevent the outside company from decorating your house. If the property management company does not allow outside companies to renovate your house, then you can find that the property has obstructed the decoration company you invited to come and report it directly.

Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

In accordance with the provisions of China's "Civil Code" and the relevant residential community property service regulations in various places, the property service fee will be charged from the next month after the house is delivered for use and the buyer (owner) receives the key. Obviously, after the owner buys the house, he should pay the corresponding property fees.

The property has the right to restrict the occupants from making illegal renovations. When the owner or property user decorates and decorates the house, he or she shall inform the property management service enterprise in advance and abide by the relevant provisions on the decoration and decoration of the house and the safe use of the house, and the temporary management statute or the management statute. Unauthorized decoration that damages the common interests of the owners may be fined between 1,000 yuan and 10,000 yuan.

On the question of whether the property has the right to restrict the renovation of the residents,

Summary. Hello dear and happy to answer your <>

If you don't pay the property fee, don't let the decoration be illegal The property has no right not to let you decorate, but it is also illegal not to pay the property fee From the date of delivery, the property company's management of all public areas in the community has begun, and the management fee has been generated, and this fee is shared by all owners, and the property service agreement signed with the property at the time of delivery also clarifies the responsibilities and obligations of both parties, so the property fee must be paid. <>

Is it legal not to pay the property fee and not let the renovation be made?

Hello, can I go through the renovation procedures if I owe property fees?

Kiss you quietly, I'm happy to answer your <>

If you don't pay the property fee, don't let the decoration be illegal The property doesn't have the right to let you decorate, but it is also illegal not to pay the property fee From the date of delivery, the property company's management of all the public areas of the Danyun slag community has begun, and the management fee has been generated, and this fee is shared by all the owners, and the property service agreement signed with the property at the time of delivery has also clarified the responsibilities and obligations of both parties, so the property fee must be paid. <>

Kissing is a <> that can be renovated

When I bought the house, the property has been open for 3 years, and the property has not paid the property money, and now the property has been looking for me to pay the property fee.

If I haven't paid the property fee, does the property have the right to cut off my water and electricity when I renovate?

If the property department does not pay the property fee, the property department has no right to cut off <>the water and electricity

According to the laws of our country, the source draft of the service provider of Wujing Chunye shall not stop the payment of property fees by stopping the supply of electricity, water supply, heat supply, and supply of hail and socks. <>

Article 15 of the "Measures for the Administration of Property Service Charges" stipulates that the owner shall, in accordance with the provisions of the property service contract, pay the property service fees or property service funds on time and in full. 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 is transferred to the property, the owner or user of the property shall settle the property service fees or property service funds.

Summary. Good afternoon, kiss <>

The property has the right to ask the owner to pay the property fee, and if the owner does not pay the property fee, the property management party has the right to refuse the owner to carry out renovation and other activities in the community. According to Article 22 of the "Property Management Regulations", property management service enterprises shall, in accordance with relevant laws and regulations and the provisions of the property management service contract, collect property service fees from the owners, and clarify the content and standards of property management services, and shall not forcibly collect fees unrelated to property management services from the owners in any way.

Therefore, it is legal for the property management party to require the owner to pay the property fee and refuse the owner to carry out renovation and other activities in the community. It is worth noting that when refusing the owner to carry out renovation and other activities, the property management party shall comply with the relevant laws and regulations and the provisions of the property service contract, and cannot arbitrarily prevent the reasonable activities of the owner. In addition:

If the owner has any objection to the property management service, he should communicate and negotiate with the property management service company to resolve it in a timely manner to avoid affecting the normal development of the property management service. At the same time, in terms of the payment of property fees, the owners should pay the corresponding fees in accordance with the law and the contract, maintain the normal order of the community, and protect the common interests of the owners. <>

Is it legal not to pay the property fee and not let the renovation be made?

Hello, yes, my house has been done for more than a year to get the real estate certificate, good afternoon<> property has the right to ask the owner to pay the property fee, if the owner does not pay the property fee, the property management has the right to refuse the owner to carry out decoration and other activities in the community. According to Article 22 of the "Property Management Regulations", the property management service enterprise shall, in accordance with the relevant laws and regulations and the provisions of the property service contract, collect property service fees from the owners, and clarify the content and standards of property services, and shall not forcibly collect fees unrelated to property services from the owners in any way.

Therefore, it is legal for the property management party to require the owner to pay the property fee and refuse the owner to carry out renovation and other activities in the community. It is worth noting that when refusing the owner to carry out renovation and other activities, the property management party shall comply with the relevant laws and regulations and the provisions of the property service contract, and cannot arbitrarily prevent the reasonable activities of the owner. In addition:

If the owner has any objection to the property management service, he should communicate and negotiate with the property service company in time to avoid affecting the normal development of the property management service. At the same time, in terms of the payment of property fees, the owners should pay the corresponding fees in accordance with the law and the contract, maintain the normal order of the community, and protect the common interests of the owners. <>

Kiss. The property fee has nothing to do with you getting the title deed.

Isn't it a state regulation to get the property certificate within 90 days after getting the house......?

Yes. However, you need to pay a property fee for renovation and occupancy.

Do the math how much it will cost you to renovate your home

Many people are buying a house for the first time, and most of them are paying attention to the ** of the house, whether the transportation is convenient, and whether the surrounding facilities are matched. Always ignore the quality of living in the later stage, and there will be a big conflict with the property company after handing over the house, so let's take a look, do you have to pay the property fee if the house is not decorated.

Do you have to pay a property fee if the house is not renovated?

1.As long as the buyer and the developer have gone through the formalities of handing over the house, the owner will start to pay the property fee after taking the keys. Although the owner has not renovated, the cost of maintenance and cleaning of the common area where the house is located has always existed.

There is also the standard of property fee collection, which is approved by the price department, and different property fees are charged according to different residences, but it cannot be higher than the standard of the price department.

2.As long as our house has been handed over, whether you go in or not, you will have to pay the property fee. Because by the time you hand over the property, the property is already in service.

The property company is to provide services for the whole community, and the contractual relationship between the property and the owner is a pair of overall owner relationships.

3.The property management fee is the cost of the maintenance of the public equipment in the community and the operation of the community, not the operating income of the property company. If one or another owner does not pay the property fee, it will lead to the property management company due to lack of funds, it will be difficult to continue the maintenance and management of the community, and it will also lead to the loss of the interests of all the owners.

4.The fees charged by the strata fee are generally spent on cleaning, cleaning and transportation of common areas; greening maintenance, order maintenance; Public lighting, ventilation, drainage, elevators, etc., the cost of operation and maintenance of these facilities and equipment.

How can I refuse to pay strata fees?

1. For those who say that they are not within the scope of the property fee paid by the owner, the owner can refuse to pay.

2. If the property service of the community is too poor and the service quality is not good, this can be temporarily refused to be called the property fee.

3. If the property provides services that are not agreed upon or without the consent of the owner, the owner has a certain right to refuse to call the property fee.

Article summary: Do you have to pay the property fee if the house is not decorated, whether you have decoration or not, or whether you have gone in to live, as long as you have paid the house, you must pay the property fee. Because the cost of maintenance and cleaning of the common area where the house is located has always existed, the property fee is the cost of the public equipment used for the maintenance of the community and the operation of the community.

Enter the area and get the decoration for free**].

Enter the area and get the decoration for free**].