If you don't live in it, can you refuse to pay the strata fee? If I have not signed a property contract, can I refuse to pay the property fee? What are the reasons for not paying strata fees? Note that there must be a valid reason for refusing to pay the property fee, and some reasons are not valid and the law does not recognize them!
Strata fees are a little bit of a thing
In recent years, the call for the cancellation of property management has become higher and higher, and many people have complained that they have collected money and do not do anything in this year, and the property is counted as one. So here's the problem,If the property does not act and the service is not in place, can the property fee not be paid or underpaid? The owner's failure to pay the property management fee shall be based on legitimate and reasonable reasons, and shall generally be limited to the failure of the property management service enterprise to perform the property management service contract, or the performance of the contract has major defects.
Let's look at a real-life example:Unable to prove defective service, he was ordered to pay strata fees.
Zhang San signed the "Preliminary Property Service Contract" with a property management companyIt is agreed that the property management company will provide property management services for a certain property of Zhang San, and Zhang San will be 2. per square meter per month according to the residential construction areaThe standard payment of property fees of 5 yuan also stipulates that the property management company will provide collection and payment services such as water and electricity charges, and the shared electricity fee will be apportioned among the owners or users according to the proportion of each household or construction area per month. Zhang San shall pay the property fee on the 15th of each month, and if it is overdue, he shall pay liquidated damages at the rate of 1% of the property fee payable every day from the date of overdue.
The property management company provided property management services according to the contract, and one year later, Zhang San accumulated 336 unpaid shared electricity charges on the grounds that the property management company failed to fulfill its management obligations, changed the management entity without authorization, charged too high standards, and the financial accounts were not transparent78 yuan, property fee 1197115 yuan, liquidated damages 6023$27. Zhang San argued that he had the right to refuse to pay the corresponding fees until the property management company corrected its wrongful performance.
The court held after trial
The property service contract signed by Zhang San and the property company is binding on both partiesThe evidence provided by Zhang San could not fully prove that the property management company failed to perform the agreed property management services, resulting in the failure to achieve the purpose of the contractOn the premise that the property management company has proved that the main property services are performing, Zhang San's refusal to pay the property fees lacks factual basisThe final judgment was that Zhang San should pay the arrears and corresponding liquidated damages to the property management company.
There are some circumstances in which the strata fee cannot be refused
The law stipulates that the property service provider shall provide services and management according to the contract, such as proper repair, maintenance, cleaning, greening and operation and management of the public parts of the property service area; The landlord shall pay the strata fee to the strata owner according to the agreement and shall have the right to know the use of the strata fee. That is to sayThe property owner failed to fulfill the responsibilities of the property service contract, and the management was not transparentThe landlord can ask the property owner to explain and provide a clear list of services, and at the same time refuse to pay the strata fee on this ground. IfThe quality of the property service obviously does not meet the standards agreed in the property service contractThe owner can ask for improvements or refuse to pay the strata fee. Also, aboutThe property owner increases the charging items, expands the scope of charging, and increases the charging standard without authorizationsituations, such as the property partyFailed to give** Strata feesReasonable explanation, the owner can also refuse to pay the strata fee.
Attention, the house is not occupied? Don't have a contract? Don't need a service? None of them can be a legitimate reason for refusing to pay strata fees! The collection of strata fees shall be calculated from the date on which the owner receives the notice of repossessionThe property service fee for the month from the date of signing the pre-property service contract to the date of delivery of the house to the buyer shall be paid by the construction unit; The owner inspected and inspected the house and found that there were quality problems in the house, and the property service fee during the rectification period was also paid by the construction unit.
Generally speaking, after the purchase of the house and the delivery procedures, the property management fee should be paid. There are local regulationsProperties that have been delivered but are not usedThe strata fee is paid at 90%.Payment standardMay be different, but cannot be refusedSubject to local regulations.
The refusal of a single owner to pay the strata fee on the grounds that he or she had not signed a contract with the strata company was also not upheld by the court. The pre-property service contract signed between the construction unit and the property service provider in accordance with the law, as well as the property service contract signed between the owners' committee and the property service provider selected by the owners' general meeting in accordance with the law, shall be legally binding on the owners. If the landlord has in fact accepted the services provided by the property owner, he or she should pay for the services actually incurred.
In addition, if the property owner has provided services in accordance with the contract and relevant regulations, the owner cannot refuse to pay the property fee on the grounds that it has not accepted it or does not need to accept it. And to be clearThe lack of property services does not mean that there is no serviceIn the event of such a dispute, the court will generally decide to reduce the service standard of the property fee level according to the actual situation, and the owner still has to pay the property fee for some services.
Seek to be more compliant
Property services are public in nature, involving all aspects of the community, and require the joint efforts of the property owner and the owner. For the owners,If you feel that the property service is not in place, you can negotiate and urge it to rectify; It is also possible to fix the evidence and file a lawsuit to demand remedial measures or compensation for damages. For property companies,If the owner defaults on the payment of the property fee within the time limit, he may be urged to pay within a reasonable period of time, and if he still fails to pay after the expiration of the reasonable period, he may file a lawsuit or apply for arbitration.
In particular, property companies need to pay attentionIt is not allowed to stop the supply of electricity, water, heat, gas and other methods to urge the payment of property feesIf the loss of the owner is caused, the corresponding legal responsibility must be borne, and the gain outweighs the loss. As a property management company, you should understand the risk points in the process of service managementIt is recommended to carry out employee management, property services, and commercial activities under the guidance of legal professionalsPrevent and control risks in advance and effectively resolve conflicts.
Legal protection support
The legal insurance network is divided into industry contents, and the property version of the legal insurance is specially launchedIt can meet the needs of property companies for larger, more frequent and more detailed legal consultation and legal documents. Conduct business in accordance with compliance guidelinesFor personnel employmentThe contract agreement for the employment of security, cleaning and other personnel can be approved; For property services and commercial cooperationConduct daily legal consultation on matters such as transfer, change, advertising, installation work, etc.; For the owner of the arrearsLawyer's letters can be sent in bulk. It is more conducive to the property management company to grasp and apply the legal rules and minimize disputes.
Note: The name of the person in the article has been changed, and the information quoted in the case is from the two levels of courts in Jiangmen City, Guangdong Province.
*From the Internet, invaded and deleted.