At present, the real estate market is falsely prosperous, and many real estate speculators have created a large number of vacant houses. So should the vacant real estate property fee be paid? How to pay? What is the legal basis for charging vacant real estate property fees? We specially consulted professional lawyers. Lawyers said that in legal practice, the property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's courts will not support the owners' failure to pay property fees on the grounds of not enjoying or accepting relevant property services.
The lawyer explained that if the owner refuses to pay the relevant property fees on the grounds that he has not enjoyed the services provided by the property service enterprise (for example, the owner claims that he has not enjoyed the services on the grounds that the foreign house is uninhabited), or does not need to accept the relevant property services (for example, the lower-level owner claims that he has never taken the elevator, etc.). ), the court will not support the owner, and the judgment will definitely lose.
Why? Some people think I don't enjoy property services. Why should I pay the fee? First of all, it is the owner's decision to hire a property service enterprise. As long as the realty service enterprise provides relevant services in accordance with the contract, all owners have equal obligations to pay property fees. Unless otherwise agreed in the management statute or the property service contract.
Vacant housing property fees vary from place to place.
Of course, the above is only a general statement at present, and there may be some special regulations in various regions. For example, the newly promulgated "Amendment to the Property Management Regulations" in Shijiazhuang stipulates that if the vacant house is vacant for less than 3 months, no property fee will be paid; Vacant for more than 3 months, pay 20% of the property fee. At present, the vacant houses in Changzhou's major residential areas are charged with property fees according to the proportion of 70% to 80%.
In the past, most property companies or owners' committees in commercial and residential areas required owners to pay the same standard property fees as permanent residents as long as they had a house with a key in the community.
However, with the increasing number of vacant houses in some newly-opened communities, some vacant house owners increasingly reflect that they should pay property fees in full.
Obviously, the services provided by property management companies are mainly for people. For example, the garbage generated by the community is made by people; For example, the security of the community is to protect the personal safety of the owners and prevent the owners' vehicles and other property from being stolen. If the owner doesn't live in a residential area and only has an empty house, there will be no garbage and nothing to guard against theft. Naturally, he won't be able to enjoy these services of the property management company, and he doesn't need to pay the corresponding property fees.
Of course, the owner's house is in the community after all, and the property management company also looks at the house for the owner and provides services for the public space of the community. Therefore, even if the house is vacant for a long time, the owner can't help but pay a certain property fee. As for how much to pay, the proportion of 20% stipulated by Shijiazhuang is only a reference at present.
What is the legal basis of property fees?
Article 83 of the Property Law: Owners shall abide by laws, regulations and management regulations.
For acts that damage the legitimate rights and interests of others, such as refusing to pay property fees, the owners' assembly and the owners' committee have the right to require the perpetrator to stop the infringement and compensate for the losses in accordance with laws, regulations and management regulations.
(The above answers were published on 2015-12-19. Please refer to the actual situation for the current purchase policy. )
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