Painted by Li Jiliang
Tianshan.com - Xinjiang Legal Daily reporter Zhang Xiu Correspondent Zhang Lei Wang Ning
The owner refused to pay the property fee because the property company failed to fulfill its property management and service responsibilities during the service period. After the property company sued the owner to the court, the court accepted the owner's evidence of imperfect property services according to law. Recently, the People's Court of Toutunhe District, Urumqi City ruled that the property company would lower the service level standard and charge according to the reduced level.
In April 2017, a community signed a Preliminary Property Service Agreement with a property company, which agreed that the property company would provide the owners of a community with four level property services, including the maintenance and management of common parts of houses, environmental sanitation, order maintenance, vehicle parking and house decoration management. The property management fee is 2.2 yuan per square meter per month, which is charged once a year. It is paid in the principle of charging before service. If the property management fee is overdue, a penalty of 12 ‰ of the total arrears per day will be paid from the date of overdue.
After Mr. Wu stayed in the community, he paid the property management fee as agreed in 2017 until 2018. Later, Mr. Wu was dissatisfied with the property service and refused to pay the property management fee.
In 2021, the property company filed a lawsuit to the Toutunhe District Court, requiring Mr. Wu to pay a total of 5000 yuan of property fees from 2019 to 2021, and pay 200 yuan of liquidated damages.
During the court hearing, according to the application of both parties, they went to the site to check the property service situation, and in combination with the Notice of Rectification of Property Service Enterprises issued by the community, the Notice on Handling the Property Service Level of a Property Service Company Not up to the Standard, and the Description of Elevator Operation and Compulsory Charging in a Community issued by the market supervision and management department According to the written evidence materials such as frequent elevator failures in, the property company was found to have a series of problems such as not paying attention to the owner's complaints, poor management and maintenance, poor environmental sanitation in the community, disordered parking management, and failure to return the owner's decoration deposit in time.
In addition, the court found that the community's year-end assessment of the property company was unqualified.
The court held that, according to Article 944 of the Civil Code of the People's Republic of China, the owner should pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the ground of not accepting or not needing to accept the relevant property services.
According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases, if a property service enterprise fails to perform or does not fully perform the maintenance, maintenance, management and maintenance obligations agreed in the property service contract or determined by laws, regulations and relevant industry norms, the owner requests the property service enterprise to continue to perform The people's court shall support those who take remedial measures or compensate for losses and other liabilities for breach of contract.
In this case, the property company did not provide property services consistent with the fourth level services, and the owner's satisfaction was poor. In view of the cost of property service provided by the property company, it was decided to lower the service standard of the property company. According to the three-level property service standard of 1.5 yuan per square meter per month, Mr. Wu was ordered to pay the property company's property fee of 4000 yuan from 2019 to 2020, and the property company's claim for liquidated damages was rejected. At present, the judgment has come into force.
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[Editor in charge: Liu Fang]
