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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? 》

Read the original text

　　Hubei Daily News (Reporter Huang Junhua, arel) On April 2, Wang Menghui, secretary of the provincial party committee, and Wang Zhonglin, deputy secretary of the provincial party committee and governor, went to the provincial epidemic prevention and control headquarters and Wuhan City to visit the staff, community volunteers and public security police who fought in the front line of epidemic prevention and control, and to investigate and supervise the epidemic prevention and control work. Wang Menghui stressed that it is necessary to thoroughly study and implement the spirit of the important speech of the Supreme Leader General Secretary on epidemic prevention and control at the Standing Committee of the Political Bureau of the Communist Party of China Central Committee meeting, adhere to the general strategy of "external defense input and internal defense rebound", adhere to the general policy of "dynamic zero clearing", pay close attention to all aspects of epidemic prevention and control, and continuously consolidate and expand the decisive achievements of epidemic prevention and control. We must persist in striving for progress while maintaining stability, better coordinate epidemic prevention and control and economic and social development, and minimize the impact of the epidemic on economic and social development.

　　At the provincial epidemic prevention and control headquarters, the provincial leaders listened to the current epidemic situation analysis and the report on the epidemic prevention and control work. Wang Menghui pointed out that it is necessary to keep in mind the important instruction of the Supreme Leader General Secretary that "persistence is victory", always tighten the string of epidemic prevention and control, strengthen confidence, persevere, and grasp all prevention and control measures strictly. The epidemic prevention and control command system at all levels in the province should be kept active, and the working mechanism should be continuously improved to ensure efficient and sensitive operation. It is necessary to compact the "four-party responsibility", resolutely and effectively handle the local imported epidemic, and resolutely hold the bottom line that there will be no large-scale rebound of the epidemic. It is necessary to continue to promote vaccination and further improve the vaccination rate of "one old and one small". With the coming of holidays in Tomb-Sweeping Day, the mobility of people is increasing. It is necessary to make scientific judgments, make good plans, improve the level of scientific and accurate prevention and control, and constantly optimize the measures for epidemic prevention and control, so as to make the prevention and control work more targeted.

　　Subsequently, the provincial leaders came to the East Lake New Town Community to inspect the entrance and exit of the community, learn more about the prevention and control of the normalized epidemic situation in the community, volunteer service, etc., and relive the enthusiasm of the Supreme Leader General Secretary when he visited the East Lake New Town Community in March 2020. Wang Menghui said that the decisive achievements in the Hubei and Wuhan defense wars for epidemic prevention and control are fundamentally due to the wise command and steering of the Supreme Leader General Secretary, the strong leadership and scientific response of the CPC Central Committee, the strong support of the people of the whole country and all sectors, and the joint efforts of the heroic Hubei and Wuhan people, which fully demonstrates the strong vitality and remarkable superiority of the Socialism with Chinese characteristics system. We should always bear in mind the earnest entrustment of the Supreme Leader General Secretary, adhere to the people first and life first, vigorously carry forward the great anti-epidemic spirit, speed up the construction of a grass-roots social governance pattern led by party building, give play to the main role of the masses, and jointly guard the important barrier of community prevention and control.

　　Fuhe Expressway Bayou is an important passage to Han. Provincial leaders came to the quarantine inspection point at the bayonet, carefully inspected the registration area, inspection area and observation area, learned more about the inspection of health code and travel code, nucleic acid registration and sampling process, and listened to the introduction of the "landing inspection" at the bayonet. Wang Menghui stressed that it is necessary to strictly implement the landing inspection at important checkpoints, implement export inspection measures such as highways, airports and railway stations, do a good job in information registration, transshipment isolation and nucleic acid detection for those who come to and return from Hubei in high-risk areas in China, and resolutely put all measures for external defense and import into place. It is necessary to scientifically guide the traffic flow and ensure the smooth and orderly traffic.

　　Located at Jinqiao Avenue in Jiang ‘an District, the centralized isolation point is mainly used for the centralized isolation of people coming to and returning from Han in medium and high-risk areas in China. Provincial leaders came outside the isolation point to see the operation management and service guarantee of the isolation point by video. Wang Menghui pointed out that the current situation of epidemic prevention and control is still severe and complicated, and the task of standardized management and risk management and control in isolated places is arduous, and we must not relax for an instant. It is necessary to strictly implement the closed-loop management measures of isolation points, strengthen daily disinfection, body temperature monitoring and nucleic acid detection, and prevent cross-infection and risk spillover. It is necessary to adhere to the prevention of people, things and the environment, do a good job in prevention and control of key places such as isolation points, schools, hospitals, nursing homes and prisons, and build a "firewall" and a dense prevention and control network.

　　Wuhan Traffic Control Center is jointly established by the municipal public security, health care, disease control and other departments. Provincial leaders came here to listen to the introduction of flow investigation, organization system and closed-loop management. Wang Menghui pointed out that epidemic control is the basic work of epidemic prevention and control, and it is the key to cut off the epidemic transmission chain. It is necessary to conscientiously sum up the practical experience of the flow adjustment work, strengthen the monitoring and early warning of high-risk posts and key areas, and put the work ahead. In the event of an epidemic, the work of tracing the source, investigation and control, isolation and treatment should be started quickly to minimize the risk of epidemic spread and achieve the maximum prevention and control effect with the least cost.

　　Provincial leaders Guo Yuanqiang, Dong Weimin, Zhao Haishan, Yang Yunyan and Xu Wenhai participated in relevant activities respectively.

Good morning, friends! Today is Monday, April 23, 2018. Welcome to the morning newspaper time in the health sector, and immediately broadcast the fresh information of global health care for you!

In the 17th century, electroshock therapy was once considered as a panacea. The literature recorded by a medical historian points out that electric shock to the reproductive organs can restore impotence patients to their glory, become stronger and restore their youthful vitality. At the same time, electroshock therapy can make the elderly at least 15 years younger.

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[New Deal Release]

"number theory"

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# Lin Qiaozhi’s first prescription #She is the only female academician in the first Chinese Academy of Sciences; She is the first director of obstetrics and gynecology in China; She never married, but delivered more than 50 thousand babies herself; She worked hard and made great contributions to the research field of obstetrics and gynecology in China. On April 22nd, 1983, Lin Qiaozhi, a medical scientist, died. She once said, "The first prescription a doctor gives a patient should be caring."

@ Someone outside CQMU:Never married, dedicated to medicine!

@ 京京京京京京京京京京京京:Looking back on Lin Qiaozhi’s life, she studied hard for her medical ideal, worked diligently in obstetrics and gynecology for decades, and welcomed thousands of new lives in Qian Qian with her hands. She is unmarried for life, but she has the richest love; She has no children, but she is the richest mother; She is the patron saint of mothers and babies. Lin Qiaozhi devoted all her life to pregnant women and babies and said with a smile: I am a doctor.

@ 京京京京京:Lin Qiaozhi, a China woman, became attached to obstetrics and gynecology with her unique concentration and compassion. With her agile hands, she took over thousands of Chinese children. She went to sleep quietly, but the light shone on the world. Miss her.

# The first 5G mobile phone is coming! #At the first Digital China Construction Summit, Wen Ku, Director of the Information and Communication Development Department of the Ministry of Industry and Information Technology, expressed the hope that the first 5G mobile phone would be launched in the second half of 2019. He said that in 2017, there were 1.03 billion 4G users in China. At present, 5G has entered a critical stage of international standard development, and a global consensus on 5G spectrum has taken shape. In the future, 5G will form a global unified international standard, and China ranks among the first echelon of 5G in the world. China has established a 5G cooperation mechanism with Europe, America, Japan and South Korea at the level of government and industrial organization. In the second half of 2019, 5G initially has commercial conditions, and it is hoped that the first 5G mobile phone will be launched at that time.

@RichardPlus：Expect to do whatever you want.

@ _ Your Xu greatly greatly:I feel like I have to change my mobile phone again!

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@ xiao Xi:Come on, my country

@ March’s drizzle:No matter how many G’s, transparent service and reasonable charges are the right way!

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[sharp view outside the industry]

Cold knowledge

Studies have shown that there is no difference between a broken heart and a broken arm to some extent. Those areas in our brain that will be activated by physical pain will also be activated when we are rejected in social interaction. Therefore, "I am very sad today, give me a bottle of aspirin." This sentence also has certain scientific truth.

[Wild weather]

From 08: 00 on April 23 to 08: 00 on April 24, there were moderate to heavy rains and local heavy rains (50-80 mm) in parts of northern Sichuan Plateau, southern Sichuan Basin, southern Gansu, central, eastern and southwestern Jiangnan, and central and northern South China. These local areas will be accompanied by strong convective weather such as short-term heavy precipitation and thunderstorms. There are 4 ~ 6 winds in central and eastern Inner Mongolia, Liaodong Peninsula, central and eastern Huanghuai, eastern Jianghuai, Jianghan and northeastern Jiangnan. Some areas in southern Xinjiang basin and other places have sand blowing or floating dust. The winds in the Yellow Sea and the northeastern part of the East China Sea can reach 8 and the gusts are 9-10.

This world, for some people, is so cold that nothing grows; For some people, it is bustling and hot, and every time you speak, there will be flowers and fruits. -Yan Lianke’s "Walking on the Road of Others"

Today’s global health information is broadcast here for you. Thank you for watching it. See you tomorrow!

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