In our daily life, it is inevitable to communicate with the property, but many times we encounter unscrupulous property, friction and quarrel are inevitable, and even fight. In view of this phenomenon, the state has issued a new property payment policy. The property fee has been adjusted. Under what circumstances can we refuse to pay the property fee?
In the latest property management regulations, the owner can refuse to pay the property management fee under the following eight circumstances:
1、 The collection of property fees should be calculated from the date when the owner receives the building collection notice, not from the delivery date specified in the house purchase contract. If the developer fails to notify the owner to take back the building, and therefore delays the taking back of the building, the owner may refuse to pay the property fee for this period of time;
2、 If the property company does not sign a contract with the owner, the owner may refuse to pay;
3、 If the property company requires to pay the energy cost generated by power equipment such as heating and central air conditioning, which is not within the scope of payment by the owner, it can refuse to pay;
4、 If the property service quality is too poor, it can be refused temporarily, but there should be strong evidence and find substantive solutions;
5、 When the property provides services not agreed in the contract or agreed by the owner, the owner has the right to refuse to pay;
6、 If the property company increases the charging standard of property services without authorization, the owner may refuse to pay the part increased without authorization.
7、 If the house has not been delivered due to the quality problem of the house, the property fee shall be paid by the developer;
8、 If the property company does not have the original approval documents of the price management department, the owner may refuse to submit them.
The new regulations stipulate that the property fee shall remain relatively stable. If it is really necessary to adjust, the property service enterprise shall consult with the owners' committee and obtain the consent of the owners' assembly. If there is no owners' meeting, it shall be approved by the owners whose exclusive part accounts for more than half of the total area of the building and more than half of the total number of owners.
For advertising operations and other activities in public parts of the community, the new regulations also clearly stipulates that without the consent of the owners' assembly, property service enterprises shall not use or allow others to use common parts, common facilities and equipment for advertising, publicity, operation and other activities, or set up or allow others to set up business stalls without authorization. In addition, the property service enterprise shall not disclose the owner's information, harass, intimidate, retaliate or take violent acts against the owner.
If the property service enterprise fails to perform or fails to fully perform the repair, maintenance, management and maintenance obligations agreed in the property service contract or determined by laws, regulations and relevant industry norms, and the owner requests the property service enterprise to bear the liability for breach of contract such as continuous performance, taking remedial measures or compensating for losses, the people's court shall support it.
In daily life, there are many contradictions in the community, whether it is a trivial matter or a major event that has affected the living quality, which often occur. In the case of property disputes, there are also various reasons for owners to refuse to pay property fees, mainly including unreasonable fees charged by property companies, incomplete housing supporting facilities sold by developers, inadequate public facilities and inadequate services provided by property companies & hellip& hellip; Generally speaking, the owner has no way to choose the property, so we should pay more attention to the negotiation of the property and protect our rights and interests!