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Civil code property fee charging time
1. Owners who have not moved in or stayed for a long time must pay other property management fees in addition to the domestic garbage cleaning fee. Different communities may have different regulations, you can look at the property service contract;
2. According to the relevant provisions of the Property Management Regulations, the owner shall pay the property service fee in accordance with the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. The property service fee shall be paid by the property developer before the property is actually delivered to the buyer for possession, and shall be paid jointly by the owner and the buyer after the actual delivery. Under normal circumstances, the property management service fee is paid monthly. Therefore, in real life, the property management service fee is generally paid in the second month after the buyer actually receives the house. In addition, when the owner receives the house from the developer, he has the right to actually occupy and use the house and enjoy the property management service of the property service company. As for the owners who actually don't live for some reason, it doesn't affect the property company to collect property service fees.
Legal basis:
Article 282 of the Civil Code of People's Republic of China (PRC)
The income generated by the construction unit, the realty service enterprise or other managers from the owner shall be owned by the owner after deducting the reasonable cost.
Article 283
Matters such as cost sharing and income distribution of buildings and their ancillary facilities, if agreed, shall be followed; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area.
Article 284
Owners can manage buildings and their ancillary facilities by themselves, or entrust property service enterprises or other managers to manage them.
The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.
Article 285
Entrusted by the owners, the realty service enterprise or other managers shall, in accordance with the provisions of the realty service contract in Part III of this Law, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owners, and promptly answer the owners' inquiries about realty service.
Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.
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