Under what circumstances can I refuse to pay the property management fee? Is it legal to refuse to pay the property management fee?

In real life, there are many reasons why owners refuse to pay property fees, such as vehicle theft, poor property service awareness, etc. However, as long as the property has fulfilled its corresponding obligations, the owner's refusal to pay the property fee lacks legal basis. So under what circumstances can you refuse to pay the property fee? Is it legal to refuse to pay the property fee? Let's find out together.

Contents of this article

1. Under what circumstances can you refuse to pay property management fees?

2. Is it legal to refuse to pay property management fees?

3. When should the property management fee be paid every year?

Under what circumstances can you refuse to pay property fees?

The following situations may lead to refusal to pay property management fees: if the property management company violates the charging standards stipulated by laws, regulations, and departmental rules, charges illegally or violates the contractual agreement and harms the interests of the owner, such as if the property management company charges illegally or violates the contractual agreement and occupies or rents out public green space. If the property management company does not engage in the above behaviors, the owner must pay the property management fee.

Legal basis: Article 82 of the Property Law of the People's Republic of China stipulates that the relationship between property service companies or other managers and owners

Property service companies or other managers manage the buildings and their ancillary facilities within the building area according to the entrustment of the owners and are subject to the supervision of the owners.

Is it legal to refuse to pay property fees?

It is illegal to refuse to pay property management fees. There are many reasons why owners refuse to pay property management fees, such as vehicle theft, poor property management service awareness, etc. However, as long as the property management has fulfilled its corresponding obligations, the owner's refusal to pay property management fees lacks legal basis. Generally speaking, even if the property management itself does not provide good services, but the owner has no substantial evidence, the law will tend to favor the property management party. If many people do not pay property management fees for a long time, the property management will sue the owners who have not paid the property management fees and require the owners to bear the penalties. The final result is often to pay the property management fees in arrears.

Article 6 of the Property Management Regulations states that the owner of a house is the property owner. The property owner has the following rights in property management activities:

1. Accept the services provided by the property service company in accordance with the provisions of the property service contract.

2. Propose to convene a general meeting of owners and make suggestions on matters related to property management.

3. Propose suggestions for the formulation and revision of management regulations and rules of procedure for owners’ meetings.

4. Participate in owners’ meeting and exercise voting rights.

5. Elect members of the owners’ committee and have the right to be elected.

6. Supervise the work of the owners’ committee.

7. Supervise property service companies to perform property service contracts.

8. The right to know and supervise the use of common property parts, common facilities and equipment and related venues.

9. Supervise the management and use of special maintenance funds for common property areas and common facilities and equipment.

10. Other rights provided by laws and regulations.

When is the property fee paid each year?

Generally, it is an initial payment. If the property fee is agreed to be paid annually, it is paid in January. If it is agreed to be paid quarterly, it is paid in January of each quarter. If it is agreed to pay monthly, as long as it is paid before or after the current month, the general property management will not be so strict to collect the time, and it is normal to extend it for a few days. When moving into a new house, the property management fee is generally paid when the key is collected. From the owner's point of view, the property fee does not have to be paid in full within one year. If the owner and the property company sign a self-contract at the time of buying a house, agreeing to pay the property management fee within one year, then in this case it must be paid in full within one year. However, in real life, more cases do not sign this contract. The property company's proposal to the owner to pay the property fee for one year is just an invitation. The owner can refuse and negotiate with the property company instead. The two parties can enter into a new contract and re-determine the payment time. For vacant properties that have not been occupied for more than six months after the owner has completed the check-in procedures and vacant properties that have not been used for more than six months after moving in, the owner should explain it to the property management company in writing in advance for filing, and pay the vacant property management fee at 50% of the public service fee standard as stipulated.