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It is illegal to owe a property fee and not give the title deed.
If you owe property fees, you can ask for it through normal channels, but you can't seize the real estate certificate, which is a certificate issued by the state to the buyer to show the ownership of the house, so under normal circumstances, you can't seize this certificate, and other including your property company also does not have the right to seize this certificate.
If the tenant owes the property fee, the property company can ask for it through the normal way or can also take the judicial route to sue for the payment of the property fee, because according to the occupancy agreement, the property management agreement will generally be signed, as long as the property provides relevant services and the services enjoyed by the owner, then it has the right to demand the payment of the property fee. If the property ownership certificate is seized, in fact, the property management company does not have this right, and it cannot be seized directly by virtue of what it is in possession, or it should go through normal channels first, and at the same time it is necessary to prove the property services provided by itself, at least in the payment of the property fee or the amount, the owner has no objection.
Therefore, if you owe property fees, the property company can still pursue it through normal channels, and at the same time, you can also take judicial channels to solve it, at least this property fee is the same thing as the property fee, but it is not right to seize the property ownership certificate if you can't seize the property ownership certificate, because the property branch does not have the right to seize the property ownership certificate.
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Illegal. The payment of the property fee is the business of the owner and the property management company, and the property ownership certificate is the business of the owner and the developer. If the developer gives the property ownership certificate to the property management company, you can complain to the district housing authority, and you can also sue the property management company to return the original property and sue the developer for breach of contract.
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Illegal real estate certificate and not the property issued by him, how did he do not give the real estate certificate, if it is indeed given to the property by the developer, it doesn't matter, you can find the housing authority, it really doesn't work, just report the loss and reapply for the cost of dozens of dollars.
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Legal analysis: This kind of behavior is definitely illegal, the two are not the same legal relationship, and the relevant liability of the real estate can be investigated. In principle, there is no relationship between the real estate certificate and the property fee, it depends on the relationship between the property and the developer, because the matter of applying for the real estate certificate is to go through the developer, whether the contract has been signed before, whether the payment of the property fee is stipulated, and it is recommended to negotiate calmly with the property according to the description.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts Article 18 If the buyer fails to obtain the housing ownership certificate at the expiration of the following time limits due to the seller's reasons, the seller shall bear the liability for breach of contract unless the parties have a special agreement:
1) The time limit for the registration of housing ownership as agreed in the contract for the sale and purchase of commercial housing;
2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built, it shall be 90 days from the date of delivery of the house;
3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.
If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.
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Summary. Dear, glad to answer for you. This is illegal.
Paying the property fee and applying for the real estate certificate are two different things, two legal relationships, and the developer needs to bear the liability for breach of contract if he does not give you the real estate certificate. With regard to the issue of not giving the property ownership certificate to the owner without paying the property fee, the law makes it clear that no unit or individual has the right to seize the property right certificate lawfully obtained by a citizen. The property ownership certificate of many communities is handled by the developer in the property office, and the property company just wants to ask the owner to pay off the arrears of property fees with the help of the real estate certificate, and if the owner does not cooperate, it will eventually be handled by the owner.
It is really helpless for the property company to do this.
Dear, glad to answer for you. This is illegal. Paying the property fee and applying for the real estate certificate are two different things, two legal relationships, and the developer needs to bear the liability for breach of contract if he does not give you the real estate certificate.
With regard to the issue of not giving the property ownership certificate to the owner without paying the property fee, the law makes it clear that no unit or individual has the right to seize the property right certificate lawfully obtained by a citizen. The property ownership certificate of many communities is handled by the developer in the property office, and the property company just wants to ask the owner to pay off the arrears of property fees with the help of the real estate certificate, and if the owner does not cooperate, it will eventually be handled by the owner. It is really helpless for the property company to do this.
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.
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Legal analysis]: Illegal, the property fee has no relationship with the real estate certificate. The property fee refers to the fee payable by the property manager for the provision of property services and the property owner receiving the property service according to the property service contract.
It is the obligation of the landlord to pay the strata fee. If the owner defaults on the property fee, the property service provider may urge the payment or sue, but cannot stop the power supply, water supply, heat supply, gas supply and other methods to urge the payment.
Legal basisArticle 64 of the "Property Management Regulations" violates the provisions of the property service contract, and the owner fails to pay the property service fee 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 service enterprise may file a lawsuit with the people's court.
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Legal analysis: illegal, the property company can only say that it helped you lead the real estate certificate, the real estate is confirmed by the housing authority, you only need to bring your ID card and other valid documents, the property company should give you the real estate certificate, if the property company deducts your real estate certificate for not paying the property fee, it is suspected of violating the law.
Legal basis: Article 50 of the "Property Management Regulations" in the property management area in accordance with the planning of the construction of public buildings and common facilities, shall not be changed.
If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management enterprise after going through the relevant formalities in accordance with the law; If a property management enterprise really needs to change the use of public buildings and common facilities, it shall submit it to the general meeting of owners for discussion and decision, and the owners shall go through the relevant formalities in accordance with law.
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It is not necessary to pay the property fee to apply for the real estate certificate, and you can file a lawsuit. 1. It is unreasonable for property management to use the reason of not paying the property fee when applying for the property ownership certificate, and the property fee and the property ownership certificate are two completely different things. 2. The payment of the property fee is subject to the precondition that the property contract takes effect.
According to industry practice, the property contract is signed at the time of delivery, and the subject of property services without delivery does not exist.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China provides that the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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