Question: The owner has repeatedly reported the noise impact to the property, but the situation has not improved. According to this, can the owner refuse to pay the management fee? My answer is: No!

Owner's due obligations: Strictly speaking, the property management service center and the owner have signed the entrustment management contract. According to the agreement, it is the legal obligation of the owner to pay the property fee on time. Under normal circumstances, the owner shall not refuse to pay the property service fee for any reason or excuse. Moreover, the property management regulations promulgated and implemented by the state otherwise stipulate that the property company has the right to collect late fees if the owners fail to pay them within the time limit.

owners' rights: it doesn't mean that the property must be stronger than the owners. According to the property law, the owners have the right to dismiss or change the property management if they obviously feel that the property has infringed on the owners' personal interests and legal rights or the owners are dissatisfied with the overall property management service, despite repeated communication with the property management company by the industry committee.

don't do nothing: in this case, the owner reflected the noise troubles to the property many times, but the situation has not been solved and improved. From the service point of view, the property management has the fact that the service is not in place. Of course, the property management company thinks that it is not a law enforcement agency, and sometimes it does not have the ability to solve some noise sources, which is a very irrational way to deal with it.

noise source: if it is not the noise source placed by the developer or the property management company, but the noise caused by the facilities in other owners' homes, do you have the right to ask the property management company to take responsibility for improper management? Under normal circumstances, if it is caused by other owners, and the property company also coordinates it but there is no result, it should have nothing to do with the property company, and it does not constitute infringement. The infringed owner may sue the infringing owner to stop the infringement and compensate the losses.

comprehensive treatment skills: in case the developer rents the bottom business to a catering company, and the large condensing tower installed by the catering company brings great noise to the owner, in this case, the infringed owner should take the developer and the catering company as defendants. Because, in general, the installer should be sued for a catering company. However, if the developer agrees at the time of installation and both parties agree that after the lease contract expires, the equipment will be owned by the developer, which has been infringed by * *. In terms of litigation skills, they should also be prosecuted as defendants.

Special emphasis is placed on

determining the causes of noise sources and determining the subject of infringement;

the infringed owner shall determine the environmental pollution infringement dispute as the cause of action and record the time course of noise pollution;

provide evidence to prove that life, work and study are seriously affected;

professional institutions should be entrusted to detect noise to determine whether it exceeds the national standard;

you can sue with the relevant owner * * *;

the owner can claim compensation for mental damage, but the amount should not be too high, and it should be determined according to the actual situation.

property responsibilities: the property management company shall maintain the normal and good living environment of the owners in accordance with laws, regulations and rules, and the provisions or agreements in the Property Management Service Contract, the Property Convention and the Owner's Manual.

with the help of authority: the noise problems reflected by the owner that affect normal life and rest should be solved through consultation in time to avoid the owner's losses from further expanding and bearing corresponding legal responsibilities. When the owner chooses a testing agency for noise problems, it must be approved by the government department and carried out by a professional testing agency.

Pay attention to the owner's requirements: the property management company serves the owner, and the service should be active and open, not just sweeping the floor, repairing equipment and charging fees in the traditional sense. It should also be positive, think for the owners when the rights and interests of many owners are violated, and help the owners solve and promote them.

the interests are consistent: in fact, regarding the noise pollution, sometimes it is not the owners who ask the property management company to pay for improvement, but perhaps they just hope that the property can meet the urgent needs of customers and gather individual owners into a group. Only the strength of the group can solve many difficult things. I hope the property management company can pay attention to the owners' requirements!