Time limit and limitation of property fee prosecution

The specific analysis of the time limit and limitation of prosecution of property fees is as follows:

1. The owner's default on property fees belongs to the service contract relationship, and the limitation of action for requesting the court to protect civil rights is three years. Property companies cannot extend the limitation of action illegally;

2. In judicial practice, the lessee's default on property fees is an integral part of the house rent, and the limitation of action cannot be treated equally with the owner's service contract, so the rent law should be applied and should be limited to one year;

3. If the property management company has evidence to prove that they have paid your property fee during the limitation period, the interruption and suspension of the limitation period can be applied, and the limitation period can be continued and extended.

The provisions of the property management fee are as follows:

1. The charging standard for sold public houses shall be formulated by the Municipal Price Bureau in conjunction with the Municipal Real Estate Bureau;

2, ordinary residential commercial housing charges, by the property management companies and owners or owners committee in the district and county price departments in conjunction with the real estate management department to determine the benchmark price range;

3. The charging standards for high-standard domestic commercial housing and export commercial housing shall be determined through consultation between the property management enterprise and the owners or owners' committee. The fees for other service items shall be determined through consultation between the property management enterprise and the owners' committee or between the owners and users;

4. The items and standards charged by property management enterprises shall be announced. If the property management service fee has been charged to the owner or user in accordance with the regulations, no other unit or individual may charge the same fee repeatedly. Without the entrustment of the owners' committee or the owners and users, the owners and users shall not pay the service fees provided by the property management enterprises themselves.

To sum up, defaulting on property fees is a civil dispute, not a prosecution period, but a statute of limitations.

Legal basis:

Article 188 of the Civil Code of People's Republic of China (PRC)

The limitation period for requesting protection of civil rights from the people's court is 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.