He' nan Xinyuan property management service

Because the owners' committee has not been established and the property contract has not been renewed after its expiration, the factual property service relationship should be recognized. During this period, although the original property contract has expired, the owner has enjoyed the property service and still needs to pay the property fee.

Legal analysis

Property fee refers to the fees charged by property owners and users who entrust property management units to carry out daily maintenance, repair, renovation and other services for houses, buildings and equipment, public facilities, greening, sanitation, transportation, public security, environment and other facilities related to residents' lives in residential areas. The property management company shall clearly mark the price, follow the principles of openness, fairness, honesty and credit, and abide by the national price laws, regulations, rules and policies. Property management companies should clearly mark the price, the price is complete, the content is true, the signs are eye-catching and the handwriting is clear. The clearly marked property service charges include: the name of the property management enterprise, the charging object, the service content, the service standard, the charging method, the charging start time, the charging items, the charging standard, the price management form, the charging basis, the price reporting telephone number, etc. Property management companies can clearly mark the price through bulletin boards, billboards, fee schedules, fee lists, fee manuals, multimedia terminal inquiries, etc. In a prominent position or charging place within its service area. The property management enterprise shall, according to the service items provided by the owners in accordance with the property service contract, express the charging standards to the owners in an appropriate way after both parties reach an agreement through consultation. When the clearly marked property service charge standard changes, the property management enterprise shall, one month before the implementation of the new standard, adjust the marked related contents and indicate the implementation date of the new standard.

legal ground

"Property Management Regulations" Article 26 The term of the preliminary property service contract may be agreed; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.

"Property Management Regulations" Article 41 The owner shall pay the property service fee in accordance with the provisions of 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. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.