Legal gas station
Is it reasonable to have to pay a strata fee in advance to collect the keys?
In the process of buying a house, the payment of property fees often becomes a major dispute between the owner and the developer. Recently, a phenomenon has attracted widespread attention: some property companies require property owners to pay property fees in advance before receiving house keys. Is this requirement reasonable?Will it affect the rights and interests of the owners?
First, let's analyze this phenomenon from a legal perspective. According to the provisions of the Civil Code, the parties to the contract shall fully perform their obligations in accordance with the agreement. This means that in the contract for the sale and purchase of commercial housing, the developer is obliged to deliver the keys to the house to the owner on time. If the owner has not violated any of the terms of the contract for the sale and purchase of the commercial property, the developer has no right to refuse to hand over the keys to the house. Therefore, the property management company, as the trustee of the developer, is not entitled to pay the property fee as a precondition for receiving the house keys.
However, in practice, some property management companies refuse to hand over the house keys to the owners on this ground. This is undoubtedly a breach of contract. The logic of confusing the contractual relationship between the sale and purchase of commercial housing and the contractual relationship of property management services is obviously problematic.
In fact, the payment of property fees is a relationship of rights and obligations in the property service contract. If the owner fails to pay the property fee on time, he shall bear the corresponding liability for breach of contract. However, this does not mean that the utility company has the right to refuse to deliver the keys to the house. Because the contract for the sale and purchase of commercial housing and the contract for property management services are two independent legal relationships, they cannot be confused and considered together.
So, how to solve this problem?
First of all, the owner should be clearly aware of his rights and obligations when buying a house. If the developer or utility company requires the owner to pay the strata fee before receiving the keys to the house, the owner can ask them to provide the appropriate contractual basis. If it is not explicitly stated in the contract, the owner can refuse this request.
Secondly, the relevant departments should strengthen the supervision and management of property companies. If it is found that the property management company has violated the rules, it shall be corrected and dealt with in a timely manner. At the same time, supervision and guidance should be strengthened over the courts' handling of such cases to ensure that cases are heard fairly, fairly, and reasonably.
Finally, we also need to think about the question: why is this happening?The main reason for this is that some developers or property companies do not hesitate to infringe on the legitimate rights and interests of owners in order to maximize profits. This reminds us that during the process of buying a house, we must keep a clear head and choose developers and property companies carefully. At the same time, the relevant departments should also strengthen the supervision and management of the real estate market to protect the legitimate rights and interests of the majority of owners.