When the owner buys the developer's house and signs the house sale and purchase contract, which includes the pre-service contract, which is signed between the property service company and the developer, the pre-property service contract is legally binding on the owner.
Some owners are buying second-hand houses, and the community may still be a pre-property service company, or a new property service company may be re-hired after the establishment of the owners' meeting and the property committee, and the owners also need to pay the property service fee.
The owner needs to understand what the property service mainly does, and Article 942 of the Civil Code stipulates that the property service provider shall maintain the basic order in the property service area and take reasonable measures to protect the personal and property safety of the owner. For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it. In layman's terms, it is four guarantees and one service (security, cleaning, greening, maintenance, and customer service).
Some owners do not pay property fees, there are many reasons, some say that it is not my service company, some think that I did not sign a contract for your property company, some think that the property is cleaned but charge 2 yuan per square meter every month, this is a robbery, some think that the property service is not in place, and some because the quality of the house has not been solved.
What happens if I don't pay the strata fee?
According to Article 944 of the Civil Code, the owner shall pay the property fee to the property service provider in accordance with the agreement. If the property management service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted or does not need to accept the relevant property management services.
If the property fee is not paid, the owner is in violation of the law and the contract, the property management company will call for payment, and will also entrust a law firm to send a lawyer's letter to collect the payment, and may also sue the owner to the people's court.
If the owner is sued to the people's court, it is recommended to actively resolve it with the property under the coordination of the mediator, and do not avoid the problem;If the coordination and resolution fail, it is necessary to actively respond to the lawsuit, inform and submit to the court the existence of the property and evidence that the relevant services are not in place. Note: If the court does not sue, the court will make a judgment in absentia, judgment to pay the property fee, need to actively perform or appeal if dissatisfied, if it is not performed, the property company will apply for enforcement, and if it refuses to execute, it will bear the civil legal responsibility of paying late fees for late performance;If the circumstances are serious, judicial detention may be carried out, or criminal responsibility for refusing to perform on an effective judgment or ruling may be pursued. The court may also take measures such as compulsory enforcement of frozen funds, auction of property, etc.