The property is the steward of the community and should stand with the owner, but in reality, many properties have become hostile to the owner.
In recent years, there have been endless news about owners or properties seeking help and lawsuits with the other party.
All kinds of events make everyone not have much good impression of the property, and what I want to talk about today is very important for the owner and the property, it is the property fee.
The property fee refers to the fee payable by the property manager for providing property services and the owner receiving the property services according to the property service contract.
To put it simply, the property serves the owner, and the owner gives money.
Strata fees are very reasonable by definition, but in reality, there is a very controversial case in which the property is vacant.
Some people think that if the house is vacant and they do not accept the property service, they naturally do not need to pay the property fee, but is this really the case?
First of all,The Civil Code stipulates that the property service provider has provided services in accordance with the agreement and relevant provisionsThe owner shall not refuse to pay the strata fee on the grounds that he has not accepted or is not required to accept the relevant strata services.
To take the simplest example, although the house is vacant, but the security guard stands guard to ensure the safety of the community, then the safety of the vacant house is not within the scope of protection
The answer is yes, in this way, even if the owner does not live in the house, he still enjoys the service and therefore should still pay the strata fee.
Secondly,The Property Management Regulations do not stipulate how to pay property fees for vacant housesBut each region generally has its own regulations.
For example, in Qingdao City, where I live, if the house has been vacant for more than 6 months, the property fee shall not exceed 60% of the property fee agreed in the contract.
Shijiazhuang is different, according to the provisions of the "Shijiazhuang Property Management Regulations", if it is vacant for more than 3 months, a property fee of 20% will be charged.
Shaanxi's "Shaanxi Provincial Property Service Charge Management Measures" also stipulates that if the acceptance is not occupied, 70% of the property fee will be paid from the first monthIf you do not use the house for any reason after moving in, you will pay the full amount for the first 6 months, and 70% from the 7th month.
To sum up, there is not much relationship between whether a person cannot live and whether or not to pay the property fee.
To refuse to pay the strata fee, it needs a "valid reason", that is, the property has not performed the contract, or there are major defects in the performance of the contract, mainly including the following points:
1.The property has increased the charging items, expanded the scope of charging, and increased the charging standard without authorization, such as requiring the owner to pay the energy fee generated by the heating equipment.
2.The property does not have the original approval documents of the price management department.
3.The property fee paid by the owner should be counted from the date on which the owner receives the notice of possession.
If the developer delays the delivery of the property, but the property wants to charge the property fee according to the delivery date on the purchase contract, this situation can refuse to pay.
4.The quality of property service is not up to the standard agreed in the property contract, and the service responsibility of the property contract is not performed.
Compared with the first three, the fourth article is the most difficult, because strong evidence is required, if only you feel that the property service is not good and refuse to pay, there is a high probability that you will lose the lawsuit in the later stage.
The reason I'm writing this is because that's what happened to me.
Some time ago, two owners of the same unit building took a form to the owners of each household to sign, because they felt that the service level of the property did not match the property fee and wanted to reduce the property fee.
So is it possible for this thing to succeed?
The standard of property fee should be based on the area, number of floors, and service level of the community, combined with the ** guide price or market guide price, and fully negotiated with the owners' committee or the early developer.
Specifically, when buying a house, the buyer has signed a property service contract by the way, and also agrees to the ** of the property fee on behalf of the owner.
Later, if you feel that the property fee is too high, you can report the situation to the housing management department and the price bureau.
However, if you want to reduce the strata fee in this way, it is impossible to succeed unless the strata fee is higher than the local standard.
If the complaint is based on a "mismatch between the service and the property fee", not only evidence is required, but also the support of the majority of the owners.
The second way is to set up an owners' committee, through which the owners' committee negotiates with the property to request an increase in service levels or a reduction in strata fees.
But in this case, the initiative is in the hands of the property, and people will most likely not agree, or they will disobey the yang and the yin, and promise to improve the service level, but everything is as usual.
All in all, landlords can make strata fees lower, but it is much more difficult to achieve.