Lift housing
Property fees are always a topic that is difficult to get around
so
Under what circumstances can I refuse to pay the property fee?
Are certain acts of the property really legal?
Judge tells you the "truth"
01
The house is not occupied, do I have to pay the property fee?
The judge said
The property service fee of the community is mainly a public service charge, including the daily operation, repair and maintenance of public equipment and facilities, green management, security, cleaning, etc., regardless of whether the owner lives in, even if the house is vacant, it should be paid.
Links to laws
Paragraph 1 of Article 944 of the Civil Code of the People's Republic of China: The owner shall pay the property fee to the property service provider in accordance with the agreement. Where the property service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property fee on the grounds that it has not accepted or does not need to accept the relevant property service.
Article 41 of the Property Management Regulations: The owner shall pay the property service fee in accordance with the property service contract. If the owner and the property user agree that the property user shall pay the property service fee, the owner shall be jointly and severally liable from the agreement.
For properties that have been completed but have not yet been sold or handed over to the property buyer, the property service fee shall be paid by the construction unit.
02
Can i not pay the property fee if the water leaks due to the quality of the house?
As the developer and seller of the house, the developer bears the responsibility for the quality warranty of the commercial house sold. Water leakage, water leakage, etc. are housing quality problems, and the property service is not the same legal relationship, the owner should pursue the developer's compensation liability, can not be used as a reason to refuse to pay the property fee.
Article 465 of the Civil Code of the People's Republic of China: Contracts formed in accordance with law shall be protected by law.
A contract formed in accordance with law shall be legally binding only on the parties, unless otherwise provided by law.
Article 617 of the Civil Code of the People's Republic of China: If the subject matter delivered by the seller does not meet the quality requirements, the buyer may request liability for breach of contract in accordance with the provisions of Articles 582 to 584 of this Law.
03
Can I refuse to pay the property fee if I am not satisfied with the services provided by the property company?
Specific analysis is required. Because property services are provided for all owners and all aspects of the overall area, they are public and holistic, involving the public interests of all owners and the entire community, and are inseparable and dependent in utility. If the owner believes that the property service provided by the property service enterprise has local defects and refuses to pay the property fee (such as some garbage is not cleaned up in time, the lighting in the public area is damaged, etc.), such a practice will lead to the owner's personal income being much less than the damage caused to the property company and most of the owners, so the property fee cannot be refused on the grounds that there is a partial defect in the property service.
However, if there are major defects in the property service such as violation of laws and regulations or obvious lack of safety and security, the property fee can be appropriately reduced or reduced; the owner can claim compensation for the loss caused by the property service defect. For example: after the damage to the residential access control, the property is not repaired in time, there is no security room, there is no security patrol, or although there is video surveillance but the lack of monitoring damage leads to the theft of the owner's property, it can be considered that the property management in terms of the owner's safety and security is obviously not in place, and the property fee can be reduced or waived for major defects.
Article 3 of the original Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases: Where a property service enterprise does not perform or does not fully perform the obligations stipulated in the property service contract or the provisions of laws, regulations and relevant industry norms, and the owner requests the property service enterprise to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it. (Defunct)
Article 942 of the Civil Code of the People's Republic of China: Property service providers shall, in accordance with the agreement and the nature of use of the property, properly repair, maintain, clean, green and manage the common part of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners.
For violations of relevant laws and regulations such as public security, environmental protection, and fire protection in the property service area, the property service provider shall promptly take reasonable measures to stop it, report it to the relevant administrative department and assist in handling it.
Article 35 of the Property Management Regulations stipulates that property service enterprises shall provide corresponding services in accordance with the provisions of the property service contract.
Where a property service enterprise fails to perform the provisions of the property service contract, resulting in damage to the owner's personal and property safety, it shall bear the corresponding legal liability in accordance with law.
04
Did not pay the property fee property to me water and power outage, is it legal?
illegal. If the owner violates the property service contract and fails to pay the property fee in full, the property service provider may urge him to pay the property fee within a reasonable period of time; if he still fails to pay the property fee after the expiration of the reasonable period, the property service provider may file a lawsuit or apply for arbitration, and may not use illegal measures such as water and electricity cuts to urge the payment of the property fee.
Paragraph 3 of Article 944 of the Civil Code of the People's Republic of China: Property service providers shall not take measures such as stopping power supply, water supply, heat supply, gas supply, etc. to urge the payment of property fees
05
Is it legal for the property to rent out the ground parking space without authorization, resulting in the owner being unable to park?
This situation involves the issue of the right to dispose of the common part of the property, focusing on whether the property company has the right to lease the surface parking space (or other common area of the owner) for operation. If the property company leases the common part of the property without the authorization of the owners' general meeting, it is not entitled to dispose of it, and the owners' committee may request the property company to stop the infringement, restore the original state, and compensate for the losses on the grounds that the property company has infringed.
If the property company's external leasing operation is authorized by the owners' general meeting, the proceeds shall be used to supplement the owners' special maintenance funds and shall not be misappropriated by the property without authorization.
Paragraph 2 of Article 275 of the Civil Code of the People's Republic of China: Occupying a parking space on a road or other site shared by the owner for parking a car belongs to the common ownership of the owner.
Article 54 of the Property Management Regulations: Where a common part of the property is used to operate with common facilities and equipment, the relevant formalities shall be completed in accordance with the provisions after obtaining the consent of the relevant owners, the owners' assembly and the property service enterprise. The income obtained by the owner shall be mainly used to supplement the special maintenance funds, and may also be used in accordance with the decision of the owners' general meeting
06
The spontaneous combustion of the battery car parked in the community causes the owner to suffer losses, and the property bears joint and several liability for compensation?
Property service enterprises shall fulfill their obligations to ensure the safety of their service areas, and if the property company fails to fully fulfill its safety protection obligations, resulting in losses or damages to the property or person of the owner, the owner may require the property service enterprise and the actual infringer to bear joint and several liability for compensation.
Article 35 of the Property Management Regulations: Property service enterprises shall provide corresponding services in accordance with the provisions of the property service contract.
Where a property service enterprise fails to perform the provisions of the property service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal liability in accordance with law
07
The "User Manual" issued by the property stipulates that "the owner violates the provisions of the manual, and the property company has the right to fine", is it legal?
illegal. The Administrative Punishment Law of the People's Republic of China stipulates that administrative punishments can only be imposed by administrative organs with administrative punishment powers or organizations authorized by laws and regulations with the function of managing public affairs within the scope of statutory authority or authorization. The property service enterprise is only an enterprise legal person or an unincorporated organization, not an administrative organ, does not have public management functions, and it has an equal civil legal relationship with the owner, so it does not have the administrative power to punish the owner, and has no right to impose administrative penalties such as fines.
However, if the owner's misconduct constitutes a breach of contract, the property service enterprise has the right to require the owner to bear the liability for breach of contract.
Article 17 of the Administrative Punishment Law of the People's Republic of China: Administrative punishments are to be imposed by administrative organs with administrative punishment powers within the scope of their statutory authority.
Article 19 of the Administrative Punishment Law of the People's Republic of China: Organizations authorized by laws and regulations to have the function of managing public affairs may carry out administrative punishments within the scope of statutory authorization.
Paragraph 1 of Article 20 of the Administrative Punishment Law of the People's Republic of China: Administrative organs may, in accordance with the provisions of laws, regulations, and rules, entrust in writing, within their statutory authority, organizations and organizations that meet the requirements of Article 21 of this Law to carry out administrative punishments. Administrative organs must not entrust other organizations or individuals to carry out administrative punishments.
Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Property Service Dispute Cases: Where the owner violates the property service contract or laws, regulations or management regulations and commits acts that obstruct the property service and management, and the property service provider requests the owner to bear the corresponding civil liability such as stopping the infringement, removing the obstruction, or restoring the original state, the people's court shall support it.
08
After buying a second-hand house, should I pay the property fee owed by the original owner?
For the problem of arrears in the payment of property fees for the second-hand house purchased, if there is a specific agreement on the assumption of property fees in the contract for the sale and purchase of the second-hand house, it shall be agreed;
If the contract for the sale and purchase of the house is not agreed, because the original property fee is an agreement between the original owner and the property company, the property fee previously owed should be paid by the original owner to the property company.
I figured out these 8 questions
Never worry again
"Pay tuition" at the property!
Source: China Popularization of Law