Under what circumstances can the owner refuse to pay or pay less property fees？
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In daily life, after buying a house, it is inevitable to deal with residential properties, and disputes and contradictions between owners and property companies occur from time to time due to various problems. For example, the owner refused to pay the property fee on the grounds of poor property management when the vehicle was parked in the community and stolen; Some owners think that their houses have quality problems such as inadequate waterproofing and hollowing on the ground, and they have been in arrears with property fees for a long time.
So, under what circumstances?
Can you reasonably refuse to pay (underpay) the property fee?
What are the circumstances that can’t refuse to pay property fees?
Summary of the following dry goods
Don’t forget to transfer to the owner group after reading it.
Several situations in which property management fees cannot be refused.
Situation one
Keywords: neighbor’s illegal construction, rectification notice
[case]
A property company has been responsible for the property management of a residential area in Fengxian since 2016. During the period, Wang, the owner, was deeply troubled by his neighbor’s illegal construction, and he reported it to the property. The property company issued a rectification notice and reported it to the relevant departments, but the matter was not resolved. Wang thinks that the property management company has not fulfilled its management responsibilities, so he refuses to pay the property management fee. The property company sued the court in March this year and asked Wang to pay the property management fee.
Wang believes that the property company has the responsibility to maintain the order of the community. For things that are illegally built, the property can be forcibly demolished, but things have not been solved. I don’t think the property management company has fulfilled its management obligations, and I don’t agree to pay the property fee.
The property company believes that after receiving Wang’s response, the company issued a rectification notice to the owners who illegally built it, and on the other hand communicated with the government departments such as the neighborhood Committee, the Housing Authority and the Demolition Office, requesting to solve the matter. The company has issued a rectification notice and reported it to the relevant departments. After fulfilling its management obligations, the owner should pay the property expenses as agreed in the contract.
Take a case as an example
According to the principle of honesty and credit, the property management company provides management services for the owners, and the owners should pay management fees to the property management company. It is a flaw in the management of public order and public affairs to build a residential area illegally and change the nature of the use of houses. After receiving the complaint, the property management company has taken active measures to issue a rectification notice to the owners of illegal structures. In the case of ineffective dissuasion, it also reflected to the relevant functional departments, proving that it has fulfilled its corresponding notification and reporting obligations, and the property management company has no right to forcibly dismantle illegal buildings, so there is no legal basis for the owners to refuse to pay property fees on this ground.
Under the auspices of the court, Wang paid off the unpaid property fees on the spot.
Situation 2
Keywords: vehicle stolen
[case]
In September 2017, Zhang’s electric car in the community was stolen and lost. Zhang believed that his electric car was stolen because of the responsibility of the community property management company, so he claimed compensation from the property company and was rejected by the property company.
Subsequently, Zhang asked for a two-year property management fee to offset the compensation, and the property company has not responded. Therefore, from January 1, 2018 to December 30, 2019, Zhang was sued by the property company for failing to pay the property fee.
Since Zhang could not prove that his electric car was stolen because the property company failed to fulfill its agreed obligations, Zhang did not pay the property fee on this ground, and the court did not support it.
Take a case as an example
The owner regards "stolen goods" as the fact that the property company has breached the contract, which is not enough to constitute a fundamental breach of contract, thus completely exempting the owner from the obligation to pay fees. Therefore, the theft of the vehicle cannot be a defense for the owner to refuse to pay the property fee.
Situation 3
Keywords: housing quality problems
If there is a quality problem in the house, the owner should claim the right from the developer and refuse to pay the property fee to the property company on this ground, and the court will not support it.
The house delivered by the developer has quality problems and is not the responsibility of the property company. Although some developers will issue a "residential quality guarantee", it is clear that "after the residents move in, the company will entrust a certain property to handle letters, visits and complaints about residential quality." However, the developer only entrusted the property company to handle letters, visits and complaints, but did not transfer the obligation of housing quality maintenance to the property company. The owner refused to pay the property fee on this ground, and there is no legal basis.
Situation 4
Keywords: the owner has not signed the property contract
In property management services, the decisions of the owners’ assembly or owners’ committee are binding on the owners.
The contract signed by the owners’ committee and the property management company in the community where the owners are located is binding on all owners of the community, so it is equally binding on the owners. During the performance of the contract, the property company performed its management and service obligations as agreed, and the owner should pay the property fee as agreed in the contract, but if he refused to pay the property fee on the grounds that he had not signed a contract with the property company, the court would not support it.
■ The civil code clearly stipulates that the property service provider’s right to claim compensation:
Law link: Article 944 of the Civil Code: The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable time limit; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
Several situations in which property management fees can be refused (underpaid)
Situation one
Keywords: new house, unopened water and electricity
[case]
In October 2017, Li bought a new house in a certain district of Fengxian District. According to the contract, when the developer delivers the house, the supporting facilities for water supply and drainage are complete, connected with the urban public water supply and drainage network, and brought into the urban power supply network for formal power supply, and the property company is responsible for docking and opening with the owner. In April 2018, the developer signed a preliminary property service contract with a property company. In May 2019, Li went to the property company to go through the relevant procedures such as closing the house and found that the house was not opened for water and electricity. On the same day, Li signed the Property Management Service Agreement with the property management company. After that, Li has not paid the property service fee during the unused period of the house.
Since then, the property company refused to handle the renovation procedures for Li on the grounds that he had not paid the previous property service fee, and refused to assist him in opening water and electricity. After repeated negotiations, the two sides failed, so Li sued the property company to the court, requesting that the property company be ordered to connect the water and electricity in the house and compensate for the loss of property service fees from the date of receiving the house to the date when the water and electricity in the house were actually opened.
Take a case as an example
This case involves two kinds of legal relations. Li signed the Property Management Service Agreement with the property management company, which is a legal relationship of the property service contract. The two sides have disputes over the payment of property management fees, which is a property service contract dispute. The property company refused to assist Li to open water and electricity for the house, and thus caused losses to Li, which was a tort legal relationship. The right to use water and electricity is the basic right to ensure citizens’ happiness and convenience in life. The property management company shall not use water, electricity or gas to stop water, electricity or gas in order to urge one party to fulfill its contractual obligations. In this case, the purchase contract has stipulated that the water supply and drainage facilities should be complete when the commercial house is delivered, and the actual responsible person for the opening of water and electricity in the community is the property company. After Li went to the property company to handle the handover formalities in May 2019, the property company refused to open water for him on the grounds that he did not pay the management fee of the property company during the vacant period of the house, and refused to issue a power supply letter to help him open electricity, which infringed on Li’s legitimate civil rights and interests and should bear the tort liability of stopping the infringement and compensating for the losses.
Finally, the court ruled that the property company assisted Li to open the water and electricity for the house; According to the payment standard of property service fee agreed in the signed Property Management Service Agreement, compensate Li for the loss of property service fee from the date of receiving the house to the date of actually opening water and electricity.
Article link: Paragraph 3 of Article 944 of the Civil Code: Property service providers shall not stop power supply, water supply, heat supply, gas supply and other ways to urge the payment of property fees.
Q
Should Li pay the property service fee before taking over the house?
Need. According to the Interpretation on the Specific Application of Legal Issues in the Trial of Property Service Disputes issued by the Supreme People’s Court, the preliminary property service contract signed by the construction unit and the property service enterprise according to law is binding on the owner. If the owner raises a defense on the grounds that he is not a party to the contract, the people’s court will not support it.
In judicial practice, the preliminary realty service agreement is deemed to have come into effect if the owner has not taken over the house but the preliminary realty service work has actually started. According to the relevant laws and regulations, the realty service enterprise has provided services in accordance with the contract and relevant regulations, and the people’s court will not support the owner’s defense only because he does not enjoy or does not need to accept the relevant realty service.
Therefore, in this case, in the legal relationship of the property service contract, before Li took over the house, he should also pay the property fee if the house was vacant and unused, and he could not refuse to pay on the grounds that he did not enjoy the property service. In other words, the infringement loss advocated by Li and the property fee advocated by the property company are two legal relationships, and they are not in conflict with each other. We can’t rule out the payment of property fees just because the infringement losses win the case.
However, in view of the fact that the property company did not claim in the case, the court did not deal with it.
Situation 2
Keywords: property service contract has not been renewed after its expiration
If, after the property service contract expires, the property company refuses to transfer the property management right and asks the owner to pay the property service fee from the property service expiration date to the time when the people’s court decides to transfer the property management right, the people’s court will not support it.
After the termination of the rights and obligations of the realty service contract, although the realty service enterprise refuses to withdraw or hand over, the legal relationship of realty service between the two parties has been terminated. There is no legal basis for the property company to ask the owner to pay the property fee after the termination of the rights and obligations of the property service contract on the grounds that there is a de facto property service relationship.
Situation 3
Keywords: property companies take a laissez-faire attitude towards potential safety hazards
[case]
The glass ceiling illegally built by the owner of Room 102 in a residential area poses a certain hidden danger to the safety of the residential area, so Mr. Ma refuses to pay the property fee. In the lawsuit, the property company could not produce the relevant evidence that had complained to the administrative organ, nor did it take appropriate reasonable and legal measures to deal with it.
As a result, Mr. Ma’s daily life was affected and his security was greatly hindered. The court ruled that Mr. Ma should reduce the property fee as appropriate.
Take a case as an example
The property management company shall stop the acts that violate the public security, environmental protection and decoration norms in the property management area and report to the relevant administrative departments in time. Otherwise, the owner can exercise the right of defense against defects and reduce the payment of property fees.
Situation 4
Keywords:: property companies charge decoration fees
There is no legal basis for the property company to charge the owner the decoration cooperation fee for whatever reason. Even if the owner pays the decoration cooperation fee, this behavior should not be regarded as voluntary payment by the owner, and the property management company should unconditionally return the money.
Although some decoration coordination fees are collected in part according to the construction management regulations of the owners’ convention, most of the charging targets are decoration construction units, but most of them have to be paid in advance or borne by the owners. Legally, there is no basis for the property company to charge the decoration cooperation fee, and the owner can refuse. What has been collected shall be returned.
You can refuse to pay the property management fee under the following circumstances
1. The property fee should be collected from the date when the owner receives the notice of repossession, not from the date when the building is delivered as stated in the purchase contract. If the developer fails to notify the owner to repossess the building, so the repossession is delayed, the owner may refuse to pay the property fee during this period;
2. If the energy cost generated by power equipment such as heating and central air conditioning required by the property management company is not within the scope of the owner’s payment, it may refuse to pay;
3. When the property provides services not agreed in the contract or without the consent of the owner, the owner has the right to refuse to deliver them;
4. If the property company raises the charging standard of property services without authorization, the owner may refuse to pay the part that is raised without authorization;
5. If the property company does not have the original approval documents of the price management department, the owner may refuse to submit them.
Original title: "Under what circumstances can the owner refuse to pay or pay less property fees? 》
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