Property company pit you are not negotiable? Not many properties that really do business? Many people complain that spending money to buy a house, rent a house, pay property fees, and in the end it is for a bunch of dry food, begging for food. Who else is collecting money and not doing things this year? Who is responsible for disputes caused by water bills owed by property companies?
I. Popularize the law by case
If the property only collects money, but does not do it, can this be tolerated? Many people will encounter the same situation, the property fee is paid hundreds of thousands a month, but the community just puts monitoring, makes a parking space, does not care about anything else, and will collect money from time to time in other names. Have you seen the house leak can not be solved, but also seen the car was scraped to adjust the monitoring was rejected, can there be a property company in arrears of water bills leading to inconvenience to the residents? What is the use of such a property!
The property owner of a residential area in Hangzhou is A Property Management Co., Ltd., which provides property management services for the community, looks at the door, manages the car, and pays the water bill. Originally thought that on this little job, the property company must be able to do a good job, did not think or there was a problem. A property is not reliable to what extent, usually lazy to manage things, can not take care of it, even the water bill of the entire community can be owed to the water company. Since Property Company A provided property services to the community, it has not paid the water bill to the water company in time, resulting in a large amount of water bills accumulated by the residents of the community.
Received the reminder of arrears collection, the residents of the community were very confused at the beginning, the water fee is not the property paid, what is the situation? After figuring out the reason, they have to find A property accountability. However, after repeated reminders by the water company and repeated coordination by the community, there was no result. A property company just does not let up and does not want to be responsible. Is it difficult for this pot to be carried by the residents and pay the water bill? There is no such reason. The water company is also a reasonable person, so it sued the A property company in court, filed a lawsuit for the dispute over the water supply contract, and required the A property company to bear the corresponding water charges.
The water company submitted relevant evidence, such as the invoice and payment voucher of Property A, claiming that there was already a de facto water supply contract relationship between the two parties. Property A believes that it has not signed a written water supply contract with the water company and should not bear the responsibility of paying the water bill accordingly.
After trial, the court held that:
The community belongs to the secondary water supply community, and the secondary supply transformation is not carried out when the dispute occurs, that is to say, the domestic water in the community needs to be supplied to the owners and households after the construction of pressurization equipment, and the water supply unit does not directly have a water supply relationship with the owners. For the collection of water charges in the community, the common practice in the industry is that they are collected by the property service personnel and then handed over to the water supply unit. Corresponding to the case, the water company is the water supply unit, and the A property company is the property service provider of the community, and the water supply contract relationship has actually been formed between the two parties. Property A shall bear the corresponding payment responsibility and settle the water bill owed.
2. Extension of the law
Many old communities have not yet carried out the transformation of the second supply because of the problems left over from history, and there is a general situation in which the property company collects and pays the water bill on behalf of the company, but the owners, industry committees and property companies of the community have not signed the corresponding written water supply contract with the water company. Is the water supply relationship established without a written contract? Property Company A mistakenly believes that without signing a written water supply contract, it can not bear the corresponding responsibility for paying water charges, and only then dare to accumulate arrears of water bills.
In fact, according to the Civil Code:
■ Where the parties conclude a contract in the form of a contract document, the contract shall be formed when all parties sign, seal or fingerprint.
■ The contract is formed when one of the parties has fulfilled its main obligations before signing, sealing or fingerprinting, and the other party accepts it.
■ The contract is concluded when the parties do not adopt the form of writing but one party has fulfilled its main obligations and the other party accepts it.
That is to say, even if the water company has not signed a written contract with Property A, Property A has been engaged in the work of withholding and payment, and in fact has fulfilled the main obligations of the water supply contract and accepted the contents of the contract, so that the water supply contract between the two parties is established, and Property A needs to bear the unpaid water bill.
With the improvement of laws and regulations and the continuous improvement of people's awareness of rights protection, there are more and more property management disputes. How to balance the relationship between the two sides, effectively resolve the contradictions and disputes that continue to arise, let the owners get better services, let the property get the management fees it deserves, and safeguard the legitimate rights and interests of both parties has become a social concern.
【Property management】The responsibility of property management is nothing more than to perform the property management contract, accept the supervision and guidance of the industry committee and the residents of the residential community and relevant departments, for example, when implementing major management measures, they should be submitted to the industry committee for consideration and approved by the industry committee. To put it bluntly, the property is to collect money and serve the owner.
According to the Property Management Ordinance:
Property service enterprises shall assist in safety precautions in the property management area, and while taking emergency measures in response to safety accidents, they shall promptly report to the relevant administrative departments to assist in rescue work. When maintaining public order in the property management area, the security personnel hired by the property shall perform their duties and shall not infringe upon the legitimate rights and interests of citizens.
For the property, the key task is the maintenance and maintenance of the property and its supporting facilities. The property in charge should ensure that the water supply and power supply system, telecommunications system, air conditioning system, public facilities and other equipment are in good working condition at any time. However, many properties are repaired after a breakdown, and they do not know how to carry out daily maintenance. In addition, the property should also strengthen security and fire management, do a good job in cleaning the property and the surrounding environment, do a good job in greening construction and maintenance within the management area, and strengthen vehicle management to prevent loss, damage or accidents. In short, there can be a lot of work in the property, depending on whether the property is responsible or not, and whether it is done well.
If I buy a house, but I have not lived in it and have not rented it out, do I have to pay the property fee? Some people feel that the house is not inhabited, the property service is not enjoyed, and there is no need to pay the property fee. Are you really not enjoying property services? Although it is not residential, the maintenance and cleaning of public areas still exist, so in general, after the purchase of the house for delivery, you should start to pay the property management fee. Some localities stipulate that the property fee for properties that have been delivered but have not been used shall be paid at 90%. The payment standards may be different, but they cannot be refused, and the local regulations shall prevail.
3. French and French
The friction between the property company and the owner is non-stop, the dispute is continuous, and in recent years, the call to cancel the property management has become higher and higher, and it is really not the property fee that is a matter of money, but because it is too bad! Many people think that the residential property actually has little effect, in addition to the need to find a property when paying fees and charges, there is basically nothing to do. If you really have something to find a property, either refuse to deal with it, or shirk responsibility, or delay time. Nowadays, if there is a problem with the water and electricity, the telephone of the water and electricity company; the network has a problem, the telephone of the network company; other disputes cannot be resolved, but also the alarm is handled, and the property can be completely replaced. There are some old communities or villages that have no property and can still maintain good order.
The owner pays the property fee, hoping that the property manager can do things well. But many property companies, just collect money, like to play tai chi when things happen, and talk about a bunch of reasons that they are unwilling to do the right thing. Property services are discounted, why can't the property fee be discounted? Note that refusal to pay the property fee will not solve any problem. If you are not satisfied with the service of the property company, the dispute can be resolved through negotiation and mediation, calm down and sit down to communicate, eliminate misunderstandings, put forward rectification requirements, and see subsequent changes. If you are still not satisfied, you can submit it to arbitration, litigation and resolve it through legal channels. If you think that property services are not in place, do not refuse to pay property fees as soon as they come up, but should pay attention to collecting evidence, retain receipts such as paying property fees, defend with evidence, and safeguard legitimate rights and interests.
Note: The person in the article is a pseudonym, and the case information quoted comes from the Hangzhou Municipal Bureau of Justice