Is there a legal requirement for when the property management fee will be collected?

Since the owner signed the property service contract with the property management unit, the property fee will be charged according to the agreement in the property service contract. In real life, property fees are generally collected from the date when property buyers actually take over their houses. Because when the owner receives the house from the developer, the owner has the right to actually occupy and use the house and enjoy the property management service of the property service enterprise.

According to the 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.

Article 40

Property service charges should follow the principles of rationality, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall, according to the charging standards for realty service formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the realty service contract.

Extended data:

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes:

Article 5

If a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules and regulations, without authorization, expands the charging scope, raises the charging standard or charges repeatedly, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it. The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.

Article 6

If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people's court shall support it.

Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

According to the Measures for the Administration of Property Service Charges:

Article 12

The implementation of the property service fee reward system, the property service expenditure received in advance belongs to the escrow nature and belongs to the owners who have paid it, and the property management enterprise shall not use it for expenses other than those agreed in the property service contract.

The property management enterprise shall announce the annual budget and final accounts of the property service funds to the owners' assembly or all owners, and announce the income and expenditure of the property service funds at least once a year.

When the owners or the owners' congress raise questions about the annual budget and final accounts of the property service funds and the income and expenditure of the property service funds, the property management enterprise shall reply in time.

Article 13

Property service charges take the form of remuneration, and the property management enterprise or the owners' congress may hire professional institutions to audit the annual budget and final accounts of property service funds and the income and expenditure of property service funds according to the property service contract.

Article 14

Property management companies should abide by the national price laws and regulations in property services, strictly perform property service contracts, and provide owners with services consistent with quality and price.

Baidu Encyclopedia-Property Management Regulations