What are the new provisions of the Civil Code on property fees?

Owners enjoy the public welfare of the community.

Article 282 of the Civil Code stipulates that the income generated by the use of the owner by the construction unit, property service enterprise or other managers shall be owned by the owner after deducting reasonable expenses. For example, advertisements on car poles in the community, advertisements placed in elevators, express cabinets, public parking spaces and so on. The income obtained through public places or public facilities cannot be put into your pocket without telling the owners, and the money earned should be distributed to the owners of the community.

The owner can cancel the property.

Article 284th of the Civil Code stipulates that the owner has the right to replace the realty service enterprise or other manager selected by the construction unit according to law. Property management, work efficiency, service attitude, etc. It has a great relationship with the quality of life of the owners.

In the past, owners were dissatisfied with the property, so they had to submit to humiliation for fear that the property would give them little shoes to wear in the future. However, from 202 1, if the owners are not satisfied with the service of the property, they can choose to change the property, which will greatly improve the service level of the residential property and people's quality of life. However, it should also be noted that when the owner decides to terminate the property, he should inform him in writing 60 days in advance.

Property protects the owner's personal safety and property safety.

Article 942 of the Civil Code stipulates that the property service provider shall maintain the basic order of the property service area and take reasonable measures to protect the personal and property safety of the owners. Although the current residential management is strict and outsiders are not allowed to enter and leave at will, it is inevitable that there will be theft, which is mostly attributed to the inaction of the property. As long as we strengthen vigilance, patrol and monitoring, we can effectively avoid such problems and better protect the property and personal safety of the owners.

Property can't coerce owners to pay property fees by cutting off water and electricity.

Article 944 of the Civil Law stipulates that property service providers shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees. In the past, many residential properties had this behavior. If the owner defaults on the property fee, it will force the owner to pay the fee by cutting off water and electricity, which will seriously affect the quality of life of the owner.

However, as soon as the Civil Code comes out, these acts are illegal, and owners can use legal weapons to safeguard their legitimate rights and interests. However, the owners can't deliberately delay the payment of property fees, otherwise they will face litigation risks.

Owners can find property guarantees for specific property losses.

Article 1254 of the Civil Code stipulates that it is forbidden for others to throw objects from buildings, and building managers such as property service enterprises should take necessary safety measures to prevent such incidents. Those who fail to take necessary safety measures shall bear the tort liability for failing to fulfill their safety guarantee obligations according to law. For example, parking spaces in some communities are open-air and parked downstairs or on the side of the road. If a resident upstairs throws something out of the window, it is easy to hit the car and cause some losses to himself. If you can't identify the infringer, don't worry. Finally, you can ask the property for corresponding compensation.

New provisions on property fees in the civil code

On the management of property fees

According to the provisions of Article 282 of the Civil Law, the income obtained by the construction unit, the property service enterprise or other managers from the owner shall be owned by the owner after deducting reasonable expenses.

According to Article 943 of the General Principles of Civil Law, the property service provider shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, part of the owners' operation and income in a reasonable way, and report to the owners' meeting and owners' committee.

According to Article 944 of the Civil Law, the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

In other words, the property management company must disclose the charging standards and expenditure details, and report to the owners in time, and the income obtained by the property management company from the use of community resources must also be shared with the owners. If the property management company fails to fulfill the promised service requirements, the owner also has the right to refuse to pay the property fee. Of course, in the case that the property management company has not violated any regulations and the community decides to hire a property management company, individual owners have no right to refuse to pay property fees.

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