New regulations on property fees in 2023

The new provisions of the Civil Code stipulate that the owner shall pay the property fee as agreed. If the property service provider has provided services, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept relevant property services. If the owner fails to pay the property fee within the time limit, the property service provider has the right to urge him to pay it within a reasonable period of time. If it has not been paid within a reasonable period of time, the property manager has the right to provide public relief, and the property service provider may not stop power supply and gas supply to urge it to pay the property fee.

1. What are the new provisions on property fees in the Civil Code?

The owner shall pay the property fee as agreed. If the property service provider has provided services, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept relevant property services.

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, the 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. But starting from this year, 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.

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.

Owners can find property security 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.

Second, the way to deal with property disputes

1. The property management company should negotiate with the owner first;

2, the parties can find a neighborhood committee or village committee for mediation;

3. If the parties are not satisfied with the mediation result, they may bring a lawsuit to the court, or they may bring a lawsuit directly to the court without mediation.

Legal basis:

Article 186 of the Civil Code

If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.

Article 186

If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.

Article 233

If the property right is infringed, the obligee can solve it through conciliation, mediation, arbitration and litigation.

It can be seen that the new provisions on property fees in the Civil Code have solved many disputes between owners and properties in the past and protected the legitimate rights and interests of owners. Property fees also have corresponding regulations. If there is a dispute between the property and the owner, mediation can be conducted first. If mediation fails, you can sue.