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What is the time limit for the owner to sue?
1. What is the limitation of action for property disputes stipulated in the latest Civil Code?
The limitation of action for property disputes is 3 years.
People's Republic of China (PRC) Civil Code
Article 188 The limitation period of ordinary litigation and the longest period of rights protection shall be three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Second, how to prosecute property disputes?
1. Prepare civil litigation.
2, to the people's court with jurisdiction, and submit relevant evidence.
3. Attend and participate in litigation activities on time according to the notice of the people's court.
4. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal.
3. What are the common property disputes?
1. Property dispute without property service contract
In practice, many property management companies have not signed written contracts with the owners' committees or owners, and even real estate developers have sent "people" to manage the real estate themselves, and have not gone through the formalities of entrusting property management companies or signed property management contracts with owners.
2. Property fee standard.
The collection of property fees should follow the principles of rationality, openness and suitability for service, and the collection standards should be strictly implemented in accordance with the contract.
3, the owner refused to pay the property management fee dispute.
Paying the property management fee according to the agreement is a basic contractual obligation of the owner, but the causes of such disputes in practice are very complicated. Therefore, we should proceed from reality and deal with it according to different situations.
4, property management companies default
The default behavior of property management enterprises is mainly manifested in: poor maintenance and management of public parts and facilities; Failing to perform the management duties of environmental sanitation, greening and public order in the property management area, resulting in the deterioration of the property environment; Without the consent of the owner, others shall not be allowed to use the property to set up advertising and other business facilities, or to contract out the right to operate the property to others.
In fact, China has clearly defined the responsibilities and obligations of property companies in relevant legal systems. Of course, the owners also need to abide by the reasonable management system of the property management company. For example, the owner does not listen to the management of the property management company and charges his electric car in the corridor. This practice has seriously threatened the personal and property safety of other residents.
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