Foreword
I feel that the property has accumulated a lot of successful experience in collecting property fees, and uses the upgrade of access control cards, water and power outages, or water and electricity sales restrictions to force the owners to pay property fees. Regardless of whether this kind of collection is legal or not, in terms of the simple attributes of the property, the property is to provide services for the owner and the house where the owner lives, and if the service is in place, why will there be a collection situation?
Provisions on property management fees
According to Article 40 of the "Property Management Regulations", property service charges should follow the principles of reasonableness, openness and the adaptation of fees and service levels, distinguish the nature and characteristics of different properties, and be agreed in the property service contract by the owners and property service enterprises in accordance with the property service charges formulated by the competent department in conjunction with the construction administrative department.
Article 41 The owner shall pay the property management service fee in accordance with the provisions of the property management 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. 【1】
The property management company charges a property service contract, and the owner pays the property fee according to the contract, and many times the property only has a reminder notice and no property service contract, that is to say, the fee is charged when the service content is not clear, and the property fee charged is not publicized and explained, and what the property fee is charged and what services are provided. In this case, the rights and interests of the owners are virtually derogated, that is, the property fees are paid every year, and the service content is not clear, and in more cases, the property is taken over by the property company of the real estate developer after acceptance, and the owners' committee is not established, and the property company is not selected, and the property fee is paid in a vague way, and the property only charges in this situation, and does not provide services for the owner The situation does not comply with the relevant provisions of the law. And the act of using the reminder as an excuse is suspected of infringing on the owner's right of residence and is suspected of violating the law.
Whether the property collection is legal
According to the provisions of the Civil Code, the collection of property fees by cutting off water, electricity and upgrading access control is a tortious act, and the losses caused by the owner shall be compensated in accordance with the law. At the same time, the owner is also obliged to pay the property fee on time to ensure the normal performance of the property service.
Article 271:Owners enjoy ownership of the exclusive parts of the building, such as residential and commercial buildings, and enjoy the right of joint ownership and joint management of the common parts other than the exclusive parts.
Article 272:Owners enjoy the right to occupy, use, benefit from, and dispose of the exclusive parts of their buildings. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.
Article 273:The owner has rights and obligations with respect to the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance. When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.
Article 274 Roads within building zoning shall be jointly owned by the owners, except for those that belong to urban public roads. The green space within the building zoning belongs to the common ownership of the owners, except for the urban public green space or the express belonging to the individual. Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.
Article 275:Within building zoning, the ownership of parking spaces and garages planned for parking cars is to be agreed upon by the parties through methods such as **, gifts, or leases. Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common.
Article 276:Within building zoning, parking spaces and garages planned for parking cars shall first meet the needs of the owners. 【2】
How to deal with reminders
1. Report the problem to the local housing and urban-rural development department 12319 to seek a reasonable solution;
2. Keep the evidence of the damage caused by the infringement and resolve it through litigation;
No matter what method is used to solve the problem, the owner hopes that the living environment can be safer, hygienic and cleaner with the participation of the property, and the property can get a reasonable remuneration when providing services.
References: [1] Property Management Regulations.
2] Civil Code of the People's Republic of China.
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