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How about unfair property fees in Shanghai? The housing authority suggested not to be elected to the industry Committee.
? Shanghai Housing Authority suggested that those who don't pay property fees can't participate in the owners' committee. This problem has been puzzling the community owners and the community property management companies, and now this proposal of the Housing Authority has solved this problem. Previously, the "Several Opinions on Strengthening the Standardized Construction of Owners' Congress and Owners' Committee in Residential Quarters in this Municipality" (hereinafter referred to as the "Opinions") submitted by the Municipal Housing Authority to the municipal government made clear provisions on the way to form the industry committee. It is clear in the Opinions that any owner's illegal construction, unauthorized change of the nature of property use, refusal to pay property fees and maintenance funds, illegal rental of houses, etc. shall not serve as the owner's representative, member of the preparatory group of the industry Committee, member of the change group and member of the industry Committee. However, refusal to pay property fees can be divided into reasonable refusal and unreasonable refusal. Sun Honglin, deputy of the Municipal People's Congress and director of Shanghai Shenfang Law Firm, said that according to the relevant laws and regulations, the owner can refuse to pay the property fee by way of defense on the premise that the property service is not in place, unqualified or the project is cancelled. Therefore, management measures should be considered in many aspects and decided carefully. Lawyer Sun Honglin also said that the Property Law only stipulates that the owners have the right to hold the position of the industry committee through election, but does not stipulate other details, so the local government can refine the specific standards accordingly. However, Liu Kun, a lawyer of Qin Bing Real Estate Lawyers Group who has been engaged in property disputes for many years, believes that the industry committee is the owner's own executive body, and all owners have the right to run for the industry committee through elections. There is no necessary connection between participating in the election of the industry Committee and paying the property fee. One is the internal election of the owners, and the other is the external contract with the property management company. There is no causal relationship between the two. Therefore, the Shanghai Housing Authority's suggestion that those who do not pay property fees cannot participate in the owners' committee will continue.