Building a harmonious society and a harmonious community are the common concerns of the whole society. From the perspective of the development of property management, the escalation of property disputes, from another aspect, shows that people attach more importance to property management, which is also the same. A social advancement. Now, in conjunction with relevant actual cases, the legal issues encountered in the management process of the property company will be elaborated, and some measures to protect the legitimate rights and interests of the property company will be proposed to resonate with their peers.

First, property fees

Everyone knows that there are many problems caused by many owners not paying property fees. In the court, the defendant’s defense of not paying the property fee is: no property management service; the purchased commercial house is flawed; the property company did not repair in time; the owner did not live after buying the house; did not sign the property contract; the owner lost something, the property did not The security responsibility is fulfilled; the property fails to fulfill its commitments as agreed. Here is an example, then talk about why the owner should defend.

We said that owners should pay property fees when they enjoy property management services.

The network company operated by Mr. Yang is located in a residential area in Beijing. On June 1, 2003, the owner's committee of the community signed a property management commission contract with a property company. After the contract was signed, the property company carried out property services, but Mr. Yang refused to pay the property fee on the grounds that he did not sign a contract with the property company and the property company provided services to the commercial outlets it operated. The property company filed a lawsuit in court and brought Mr. Yang to court.

Mr. Yang finally lost the lawsuit. The Beijing Intermediate People's Court finally ruled that Mr. Yang will pay the property fees in arrears to the property company.

Case Analysis: One of the reasons for some owners to default on property fees is that they have not signed a property contract with the property company. However, according to China's "Property Management Regulations", property management contracts signed by the owners' committee and the property company are binding on all owners, and each owner is obligated to pay property fees. In another case, the owner's committee did not sign a property contract with the property company. The property company still used the previous property service contract signed with the developer. Usually, the court's point of view is: even if the owner's committee does not sign the written property service with the property company. Contract, but the property company actually works in the property management of the community. As long as the owner actually accepts the property service, the owner should pay the property fee to the property company according to the price agreed in the actual pre-construction contract.

In addition, the quality problem or existence of the house is usually a problem left by the developer. It is not the responsibility of the property company. It is not acceptable for the owner to refuse to pay the property fee, because this is a problem left by the developer. For example, some owners are in the community, and the property is taken over by a property company for property management. Subsequently, the owner did not pay the property fee on the grounds that there was a quality problem in the house and the property company did not fulfill the management service obligation. The property company eventually appealed the owner to the court.