However, if there are major defects in property services, such as violation of national laws and regulations and obvious lack of security, property fees can be appropriately reduced or exempted. At the same time, if losses are caused by property service defects, the owners may claim compensation from the property. For example, if the property is not repaired in time after the access control is damaged, there is no security room, there is no security check, or the owner's property is stolen because there is no video surveillance, it can be considered that the property has obvious management defects in the owner's safety and there are major defects, and the property fee should be reduced or exempted.
The reference materials are as follows:
People's Republic of China (PRC) Civil Code (Law)
Article 937 1? A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee.
Article 942 Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.
Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.
Article 944 1? The owner shall 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 grounds that he has not accepted or does not need to accept the relevant property services.
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Property Service Disputes (Fa Shi [2009] No.8)
Article 3 If a realty service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.
The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract.