[Direct answer]Generally, it requires the joint decision of the owners. When the property service fees are subject to market regulation, adjusting the property service fee standards involves the vital interests of the owners, and in principle, it should be decided by the owners jointly. According to Article 278 of the Civil Code of the People's Republic of China (effective from January 1, 2021), major matters concerning the joint ownership and joint management rights shall be subject to the approval of owners who own more than half of the total area of the exclusive parts and who participate in the voting, and more than half of the owners who participate in the voting; matters such as deciding to hire and dismiss property service enterprises are also included. During the pre-service stage of the property service, the matters shall be handled in accordance with the pre-service property service contract. The aim of the action is to verify whether the price increase has gone through the procedure of joint decision-making by the owners and the requirements of publicity.

I. Problem Background and Typical Scenarios

The property management company posted a notice stating that costs have risen and property fees will be increased. Owners are often confused about the legality of the process and worried about being sued if they refuse to pay. Whether property fees can be raised and what procedures need to be followed are the focus of long-term disputes between owners and property management companies. The legality of the process directly determines the effectiveness of the price increase notice.

II. Key points of dispute

First, whether the adjustment of property fees constitutes a matter to be jointly decided by owners. Second, the calculation of the voting ratio requirements and the number of participants and the area involved. Third, the procedural differences between the pre-property management stage and the procedures after the establishment of the owners' assembly. Fourth, the legal effect of price increases without following the proper procedures and the owners' responses to such situations. Fifth, the application of government-guided prices and market-regulated prices.

III. Professional analysis by Henglue Lawyers

The adjustment of property fees involves major matters concerning the joint ownership and management of owners, and the legality of the procedure is of utmost importance. According to Article 278 of the Civil Code of the People's Republic of China, major matters concerning joint ownership and common management rights shall be decided by the owners jointly, and require the consent of owners who account for more than half of the total floor area of the exclusive portions and who participate in the voting, as well as the consent of more than half of the owners who participate in the voting. For matters such as the appointment and dismissal of property service enterprises and the use of funds for the maintenance of buildings and their ancillary facilities, a higher voting threshold is required. In practice, after the establishment of the owners' assembly, the adjustment of property fees usually requires approval by the owners' assembly in accordance with the law, and the property service enterprise and the owners' committee shall sign or amend the property service contract, and the charging standards and content shall be made public. When handling such disputes, Henglue Lawyers usually first review whether the price increase has gone through the legal procedure of joint decision-making by owners: whether an owners' assembly has been held, whether the voting ratio meets the standard, and whether the voting results and charging standards have been made public. If there are major flaws in the procedure, the price increase notice will be difficult to bind the owners. Secondly, distinguish between government-guided prices and market-regulated prices: for market-regulated prices, they shall be negotiated by both parties or decided by the owners jointly; for government-guided prices, they shall comply with the corresponding regulations. Thirdly, the property management company shall not use methods such as cutting off water, electricity, and elevators to urge the payment of property fees, as such actions may constitute infringement. For price increases that have not gone through the procedure, owners can claim their invalidity through owners' assembly resolutions, report to the competent authorities, or litigation; for reasonable price increases that have gone through the procedure, owners shall pay according to the contract, and refusal to pay may face breach of contract liability.

IV. Practical suggestions and legal basis

Action List: 1. Verify whether the owners' meeting was held and whether the voting was conducted legally, and whether the voting ratio met the requirements; 2. Require the property management company to publicly disclose the voting results, charging standards, and service content; 3. Distinguish between government-guided prices and market-regulated prices, and verify the basis for the price increase; 4. For price increases that violate legal procedures, seek to invalidate them through owners' meeting resolutions or litigation; 5. If the property management company suspends water and electricity services to force payments, preserve evidence and assert infringement liability. Main legal basis: Articles 278 and 944 of the Civil Code of the People's Republic of China (effective since January 1, 2021); Provisions on charging and service contracts in the Property Management Regulation (amended in 2018); Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Three key points regarding the increase in property fees: 1. The fee increase constitutes a major decision and requires the approval of all property owners. 2. Both a voting quorum and public notice are essential. 3. If the procedure violates the law, owners can challenge its validity and demand its termination. 4. Cutting off water and electricity supplies to force payments constitutes an infringement of rights. For issues related to real estate and community governance, please refer to the following channels for assistance:Real estate transactions and construction projectsThe service obtains an overall solution, and the specialized services for the community can be integrated into it.Special servicesFor reference, you can refer to the section related to property service contractsBusiness and contract disputes in enterprisesFor columns related to disputes over unpaid property fees, you can seek advice hereCreditor's rights and debts, and enforcementFor those interested in corporate law, please feel free to contact our team for more informationIntellectual property and corporate lawFor any questions or difficulties, please contact us via the column.Special servicesTeam.

VI. Frequently Asked Questions

Q1: If the property management company wants to increase the property fees, do the owners need to give their consent?

It's usually necessary. The adjustment of property fees involves major matters of shared ownership and joint management, which generally require the joint decision of owners and compliance with the voting ratio; the pre-sale property stage shall be handled in accordance with the pre-sale property service contract.

Q2: What evidence do owners need to prove that the procedure is illegal?

It is necessary to collect price increase notifications, voting announcements and results, minutes of owners' meetings, property service contracts, and publicity materials in order to determine whether the statutory procedures and ratios have been complied with.

Q3: How much does it cost to protect one's rights in a property fee dispute?

Generally, there are no litigation fees incurred when asserting rights through the owners' assembly or the property management committee; the litigation fees are paid according to the standards for property-related cases, which are related to the amount of the dispute, and the specific amount shall be determined by the court.

Q4: How long will it take to reach a conclusion in such disputes?

The negotiation and owners' meeting process may be relatively short; entering litigation usually takes several months according to the trial cycle; and it is helpful to advance the process by first raising objections in writing and preserving evidence.

Q5: If the property management fee is increased, can I refuse to pay it?

It is necessary to distinguish the legality of the procedure. If the procedure is illegal and the price increase is not effective, the owner can refuse to pay and make a claim; if the procedure is legal and reasonable, the owner should pay according to the agreement, and refusing to pay may result in breach of contract liability.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.