Legal provisions on the payment time of property fees
1. When the owner receives the house from the developer, he has the right to actually occupy and use the house and enjoy the property management service of the property service company. As for the fact that the owner does not actually live for some reason, it does not affect the property company to collect property service fees.
2. According to Article 6 of the Interpretation of the People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, the people's court will not support the property service enterprises that have provided services in accordance with the contract and relevant provisions, just because the owners do not enjoy or need to accept relevant property services.
Refusal to pay property fees and refusal to pay property fees
According to the relevant provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, this paper summarizes and lists six common situations in which property management fees can be refused:
1. If the house is not delivered due to quality problems or other developer problems, the property fee shall be paid by the developer;
The collection of property fees should be calculated from the date when the owner receives the notice of repossession, not from the date when the house is delivered as agreed in the purchase contract. If the developer fails to notify the owner to hand over the house, the owner may refuse to pay the property fee during this period.
2. If the property company fails to perform the service responsibilities of the property contract, all the owners can refuse to pay, but there must be definite evidence;
3. The service quality provided by the property management company can't reach the standard stipulated in the property contract;
4. The property company does not have the original approval document of the price management department;
5. The property company increases the charging items, expands the charging scope and raises the charging standard without authorization;
6. 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 payment by the owner, it may refuse to pay.
Some property fees cannot be refused, and the following three misunderstandings must be avoided:
Myth 1: non-residential use can refuse to pay property fees.
According to the provisions of the Measures for the Administration of Property Service Fees, property fees generally include cleaning and sanitation fees, greening maintenance fees, order maintenance fees, and daily operation and maintenance fees of facilities and equipment used by the property. Therefore, even if you buy a house and don't move in, you can't refuse to pay the property fee of the community (unless the property clearly points out that you can not pay the property fee without turning in the key).
Myth 2: You can refuse to pay the property fee without signing the property contract.
According to the provisions of the Civil Code and the Regulations on Property Management, the decisions of the owners' committee are binding on the owners. Therefore, as long as the owners' committee agrees to the terms in the agreement with the property management company, and the owners have actually accepted the property services provided by the property management company, they should pay the fees to the property management company according to the actual services.
Myth 3: The original owner can refuse to pay the property fee in arrears.
According to the "Regulations on Property Management", if the owner and the property user agree that the property user will pay the property service fee, the owner shall bear joint liability from the agreement. If the house property right is traded, the property fee owed by the original owner must be paid in time, otherwise it will affect the normal residence of the new owner.