When will the property fee be paid? Judicial interpretation of property law

The specific procedure for suing the owner for not paying the property fee is as follows: (1) Set up a debt settlement team. The members of the debt liquidation team can be composed of personnel from relevant departments of the property company and the director of the property management office, and the institutional personnel are mainly part-time and will not increase the operating cost. (2) Make a lawsuit plan. The settlement team conducted a statistical investigation on the situation of the residential area with arrears, and analyzed the reasons for arrears, the reasons for arrears of owners, and the distribution of arrears of owners in the residential area. And then make a lawsuit plan in batches. At the same time, we should pay attention to the following two points: 1. First sue the owners who owe money for no reason, then sue the owners who owe money for no reason, and gradually improve their litigation ability. 2. Reasonable distribution. In group litigation, the object of prosecution should not be concentrated in a building or in a building too close to it to prevent collective confrontation. (3) Prepare prosecution materials. 1, power of attorney; 2. Drafting the complaint; 3. Prepare a list of evidence; 4. Make arrears data. (4) bring a lawsuit to the court. Risk warning: What are the (1) company business licenses and qualification certificates in the evidence list, which prove that the company has legal management rights. (2) The property service contract, the charging license and the certificate issued by the neighborhood office or neighborhood committee prove that the company has legal property service rights and charging standards in the community. (3) Relevant documents, which prove the legality of various charges for property services, including late fees. (4) Real estate right registration form and enterprise registration information form (store) to prove the identity of the defendant owner or property user. (5) Other evidential documents.

Legal objectivity:

"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. "Regulations on Property Management" Article 42 The competent price department of the people's government at or above the county level shall, jointly with the competent real estate administrative department at the same level, strengthen the supervision of property service charges.