1. Defend on the grounds of not being a party to the realty service contract.
Some owners think that they have not signed a property management contract with the property service enterprise, so the property service contract signed by the developer or the owners' committee and the property service enterprise is not binding on them, and they do not understand or recognize the contents of the contract, so they refuse to pay the property management fee.
This judicial interpretation has clear provisions. According to Article 1 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, the preliminary property service contract signed by the construction unit and the property service enterprise according to law, and the property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it. Therefore, this defense cannot be supported by the court.
Two, to defend the property service contract has expired.
Some owners argue that the contract period stipulated in the property service contract has already passed, and they have the right to refuse to pay the property fees beyond the contract period on the grounds that there is no contract agreement.
According to Article 36 of the Contract Law, laws, administrative regulations or the agreement of the parties, the contract is concluded in written form. If the parties have not concluded a contract in writing, but one party has fulfilled its main obligations and the other party has accepted it, the contract is established. After the expiration of the agreed contract period, if the realty service enterprise continues to provide services for the community, the owners also accept the realty service provided by the realty service enterprise, and the two parties have formed a de facto realty service contractual relationship, and both parties shall perform their corresponding contractual obligations. Under the above circumstances, the owner's defense reason cannot be supported by the court.
3. Defend on the grounds that all or part of the property fees exceed the limitation of action.
Some owners refused to pay the property fees that exceeded the two-year statute of limitations in the property service enterprise's litigation request on the grounds that the property service enterprise did not charge them property fees.
In practice, property service enterprises, as creditors, mostly make payment requests to owners by posting reminders at their doorsteps. If the realty service enterprise provides photos and other evidence to the court to prove this fact, then the court can consider that the statute of limitations is interrupted and the owner's defense reason cannot be supported by the court. If the property service enterprise has no evidence to prove that it charged the property fee to the owner within the two-year limitation period, then the owner's defense can be supported by the court.
Fourth, to protect the housing quality is not up to standard.
Some owners refused to pay property management fees on the grounds of housing quality problems, such as water leakage, wall falling off and broken glass.
The quality problem of commercial housing is a commercial housing sales contract dispute between the owner and the developer, while the payment of property management fee is a property service contract dispute between the owner and the property service enterprise, which do not belong to the same legal relationship. Under normal circumstances, developers and property management companies are two independent corporate enterprises and should not bear civil liability for each other. Therefore, the owner's defense reason cannot be supported by the court.
Five, the property service enterprises do not perform maintenance obligations as a defense.
Some owners have reported to the property service enterprises, such as residential unit doors and corridor street lamps. Damaged, the house on the top floor leaks, requiring maintenance. However, the property service enterprise refuses to maintain or fails to maintain, and the owner refuses to pay the property management fee on this ground.
Regarding the subject of maintenance obligation, it should be analyzed concretely: if the house is within the warranty period and warranty scope stipulated by the state, the construction unit shall undertake the maintenance obligation; After the warranty period of the house expires, the owner or infringer shall undertake the maintenance obligation of the exclusive part of the house, and the property service enterprise shall undertake the maintenance obligation of some public facilities and equipment in residential areas such as the roof of the house. Property service enterprises can use special maintenance funds for residential areas when performing their obligations. If the owner has evidence to prove that the realty service enterprise fails to perform or fails to fully perform the maintenance obligations stipulated in the realty service contract or determined by laws, regulations and relevant industry norms, the court may reduce or exempt the realty fee as appropriate according to the provisions of Article 111 of the Contract Law.
The intransitive verb defends on the grounds that the property service enterprise fails to fulfill its security obligations, resulting in personal and property losses of the owner.
Some owners believe that personal and property losses are due to the property service company's failure to fulfill its security obligations, such as the theft of property at home and the damage or theft of their own vehicles.