I. Understand that it is the owner's obligation to pay the property fee:
1. The property manager shall not unreasonably refuse to carry out property management in accordance with the contract and relevant regulations. As long as these services are effectively provided, if the owner refuses to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services, it is an unreasonable refusal to pay the property fee, which constitutes a breach of contract and should bear the liability for breach of contract.
2. Overdue payment of property fees. That is, the owner violates the agreement and fails to pay the property fee after the expiration of the reasonable period. First of all, property service providers can urge owners to pay fees within a reasonable grace period and determine the grace period. Secondly, if the owner still fails to pay after the grace period, the property service provider can file a lawsuit or apply for arbitration, and the court or arbitration institution will make a judgment. After the judgment, if the owner refuses to perform the obligation to pay remuneration determined in the judgment, the court may enforce it.
Two. Measures that property service providers can take against owners who are in arrears with property fees:
1. If the owner is in arrears with the property fee, the property service provider can collect it or bring a lawsuit, but it is not allowed to collect it by stopping power supply, water supply, heating and gas supply. This is because electricity, water, heat and gas are the necessities of the owners' basic life. Even if it is in arrears, it should not harm the interests of the owners in this way.
2. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable time limit; If the payment is not made within a reasonable time limit, the property service provider may bring a lawsuit or apply for arbitration.
3. In violation of the property service contract, if the owner fails to pay the property service fee within the time limit, the owners' committee shall urge him to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.
3. Does the use of property fees need to be publicized?
1. The use of property fees needs to be publicized.
2. According to relevant regulations, the property fee should be publicized to the owner.
3. The realty service enterprise shall announce the service items, service quality standards, charging standards and charging methods agreed in the realty service contract in a prominent position within the realty management area, accept the supervision of the owners, listen to the opinions and suggestions of the owners, and timely feedback the handling of the opinions and suggestions to the owners.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 281 The maintenance fund of a building and its ancillary facilities belongs to the owner. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities.