How should a property fee be charged for a long term unoccupied property?

Pay the property management fee according to the property service contract;

Because the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Property Management Service Disputes" promulgated by the Supreme People's Court provides that if a property management service enterprise violates the provisions of the property management service contract or the provisions of laws, regulations, or departmental rules by expanding the scope of fees, raising the standard of fees, or charging duplicate fees without authorization, and the owner raises a defense on the grounds of illegal fees, the people's court shall support it. Where the owner requests that the property management service enterprise refund the fees it has collected for violating the rules, the people's court shall support it.

The person in charge of the First Civil Division of the Supreme People's Court said that in practice, when the property management service enterprise has fully fulfilled the corresponding obligations in accordance with the agreement and regulations, some owners have not enjoyed the services already provided by the property management service enterprise, such as the owner claims that he has not enjoyed the service because he has gone abroad, or he does not need to accept the relevant property management services, such as the owner of the lower floor claims that he has never taken the elevator. The selection of a property management service company is a joint decision made by the owners, and as long as the property management service company provides relevant services in accordance with the contract, the obligation to pay the property management fee is equal for all owners. Otherwise, the stability and certainty of the property service relationship will be thorough.

The bottom is broken. Unless otherwise stipulated or agreed in the management statute or property management service contract, the owner's defense on the aforementioned grounds is an abuse of rights, which is detrimental to the owner's self-governance mechanism and the order of property management services, and therefore should not be upheld by the court.

Dear netizen Mr. Li: Hello, after receiving your message, the leaders of our bureau attach great importance to it, and after contacting me to verify the situation, the reply is as follows: The property company charges the full amount of the property fee, which is a normal and reasonable charge.

In general, unoccupied houses pay the same strata fees as other owners in the community. First of all, it is necessary to find out whether the contract signed between the owner and the property management company stipulates the amount of property fee to be paid for vacant houses. In addition, there are some special regulations in various regions, such as the newly issued "Amendment to the Property Management Regulations" in Shijiazhuang, which stipulates that if the vacant house is vacant for less than 3 months, no property fee will be paid; If it is vacant for more than 3 months, 20% of the strata fee will be paid.

The amount of property fees that need to be paid for vacant houses needs to be based on local policies and regulations.

If the house has been unoccupied for a long time and a property contract has been signed, the payment shall be made in accordance with the amount and time specified in the property contract. In the case of non-delivery of the house, the owner does not need to bear the property fee, which is borne by the construction unit.

According to Article 41 of the Property Management Regulations, the owner shall pay the property service fee according to 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.

You don't stay, the common area of the property is not stopped. For example, daily garbage removal, street lamp repair and repair, parking lot cleaning, garden greening, daily safety patrol ......These will not stop, and all need to be expensed, will not be charged because a single owner does not live here, if you can not live in the property fee, then everyone will find a way to open a certificate of not living here, then the property company will be paralyzed, and then the community public services will be paralyzed.

Think of garbage-strewn parking lots, overgrown gardens, broken railings, blackened paths at night, elevators that have failed, and fire prevention equipment that has ......Isn't it scary to live in such a high-rise environment?

Therefore, if you buy a house, you can't live in it, and it has nothing to do with whether you pay the property fee or not.

1. The property fee for uninhabited people still needs to be paid. The property is not for our single family or the owner, and the collection of property fees is also for the houses of the entire community, and there will be relevant specific instructions in the initial purchase contract, so it is normal for the rough house to live but the property fee is paid.

2. The property fee for inhabitants can be negotiated according to the actual situation, depending on the relevant regulations of different provincial cities and different properties. In some areas, the property fee will be charged at a 7% discount.

3. If you don't live in the house, the owner is also obliged to pay the property fee, which shows that regardless of whether you live in the community at present, even if it is a rough house, the owner is also obliged to pay the property fee, and the rough property fee is discounted by 7%, and the specific situation is subject to the property company's charges.

4. If the inhabitant does not pay the property fee, then after a long time, the property will sue the owner who has not paid, and the result of the lawsuit is to make up the property fee. However, if there is something that the property is not doing well, it is recommended to take photos to leave evidence, then there is a reason not to pay the property fee.

You can't stop a flight from Beijing to Los Angeles just because one or two of your passengers didn't board the plane, so you have to pay for it! Property services are also commodities, you don't actually enjoy the service, why do you have to let consumers pay for it!

If the house has been vacant for a long time, do I still need to pay a strata fee? In 2020, it will be done uniformly.

This property costs! It's so unfair to the common people!

Answer: At present, there is no clear provision in the Property Law and Property Management Regulations that the property management fees of houses that have not been lived in for a long time can be reduced or discounted, and only very few property management companies will formulate their own policies for preferential property management fees for vacant houses. There is a provision on the applicability of the property management fee of vacant houses:

Article 72 The owner shall have rights and obligations to the common parts other than the exclusive part of the building; No waiver of rights may be used for non-performance of obligations.

This article can be interpreted as property management services: the property management company provides the property management services for the owners in the public areas and common facilities and equipment, and the owners have the right to enjoy these services and bear the obligations, and the owners shall not fail to fulfill the obligation to pay property management fees because they have not lived in the house for a long time and have not enjoyed the property management services.

Hope it helps with your question, thanks!

The owner has already gotten the house in his hands, but no one lives in it. How do I pay the strata fee? Can it be halved?

The law is divided into vertical and vertical analysis:

The house is unoccupied, and you need to pay a strata fee.

Legal basis: Property Management Regulations

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, these regulations are formulated.

Article 2 The term "property management" in these Regulations refers to the property owners who have not passed the selection of property service enterprises, and the owners of Yudongchun and the property service enterprises in accordance with the property service contract, the repair, maintenance and management of the housing and supporting facilities and equipment and related sites, and the maintenance of environmental sanitation and related order in the property management area.

The strata fees charged for unoccupied houses are as follows:

1) If there is an unfinished building in the residential area where the owner lives, he can apply to the property management company for a discount of 15% or 30% of the property fee lower than the prescribed standard;

2) If the owner does not move in or use the property after checking in, the owner shall inform the property management service company in writing that 70% of the prescribed standard can be paid;

3) Attached houses that are not included in the area of property rights shall not be charged public service fees.

Article 5 of the Measures for the Administration of Property Service Charges shall follow the principles of reasonableness, openness and the cost of adapting to the level of service. Article 8 of the "Measures for the Administration of Property Service Charges" property management enterprises shall, in accordance with the provisions of the competent authorities, clearly mark the price, and publicize the service content, service standards and charging items and charging standards in a prominent position in the property management area.

Legal analysis: The property company provides public affairs management services for the community, such as the daily maintenance of the environment, health and safety in the community. Therefore, even if you do not have actual residence, you should pay the strata fee.

However, there are also some property companies that will handle "vacant houses" for owners and reduce or exempt certain property fees. According to the Civil Code of the People's Republic of China, the owner may not accept the property management services, but as long as the property provides the relevant property services in accordance with the regulations, the owner has no reason to refuse to pay the property management fee. Therefore, even if the house is vacant for a long time, it is necessary to pay the property fee, which will not change, because Hongtong is the responsibility of the property to perform the property service, and the payment of the property fee is the obligation of the owner.

Legal basis: Article 944 of the Civil Code of the People's Republic of China Where a property service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property fee on the grounds that it has not accepted or does not need to accept the relevant property management services.