Can I refuse to pay the property management service for property management services?Listen to what the judge says

If the owner is not satisfied with the service of the property management company and has not improved after communication, can the owner refuse to pay the property management fee accordingly? Is there a legal basis? Today, the judges of the Guangzhou Yuexiu Court answered questions about this issue.

If you are not satisfied with property management services, can you refuse to pay property management costs? According to Judge Liu Jiechi of Yuexiu Court, according to Article 939 of the "People's Republic of China", the preliminary property service contract set by the construction unit with the property service person in accordance with the law, as well as the property service set by the property service person selected by the owner's committee and the owner conference in accordance with the law The contract is legal binding to the owner.

In addition, according to Article 944 of the People's Republic of China, the owner shall pay the property fee to the property service person in accordance with the agreement.

Therefore, in accordance with the provisions of the Civil Code, whether it is a property service contract signed by the community developer and the property company, or the property service contract signed by the owner's committee, the owner's meeting and the property company, or the contract signed by the owner directly with the property company, the owner should be the owner. In accordance with the agreement of the property service contract, pay the property management fee to the property company.

Judge Liu Jiezheng reminded that even if the property company had insufficient in the process of fulfilling the property management process, it could not become the legal basis for owners to not pay the property management fee.

So, if the property company does not act, how should the owner protect his rights? Judge Liu Jieye said that when the owner was dissatisfied with the service of the property company, the owner could negotiate with the property management company through the owner's committee, improve the service level of the property company in a contract, achieve community autonomy, and achieve the goal of win -win.

When the interests of the owner and the property management company cannot be reconciled through negotiating methods, they can jointly decide to terminate the property service contract through legal procedures in accordance with the provisions of Article 946 of the People's Republic of China.

Finally, it is also reminded that the owners: When the host committee of the election industry, the voting matters should be fully considered, and the matters of the authorization of the owner committee should be fixed at the same time as much as possible in order to give full play to their functions after the establishment of the owner committee and better safeguard the rights and interests of the owners of the community. Essence

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"People's Republic of China"

Article 939 The preliminary property service contracts established by the construction unit in accordance with the law and the property service person, as well as the property service contract set by the property service personnel selected by the owner committee and the owner conference according to law, is legal binding to the owner.

Article 944 The owner shall pay the property fee to the property service person in accordance with the agreement. If the property service person has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds of unacceptable or no need to accept related property services.

Article 946 If an owner shall jointly decide to dismiss the property service person in accordance with the legal procedures, the property service contract may be lifted. Those who decide to dismiss shall notify the property service person in writing 60 days in advance, except that the contract has an agreement on the notice period.

If the losses of the property service caused by the previous paragraph due to the preceding paragraph, the owner shall compensate the loss in addition to the reasons that cannot be attributed to the owner.

Text/Guangzhou Daily · Xinhua City Reporter: Articles of Association Correspondent: Liang Yanhua Video/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association: Liang Yanhua Guangzhou Daily · Xinhua City Editor: Lin Jing

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