Provisions on the Collection of New House Property Fees in the Civil Code

Legal analysis: 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 same resources in the community 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. The preliminary realty service contract concluded by the construction unit and the realty service provider according to law is legally binding on the owner. When the owner repossesses the building (if the owner fails to repossess the building due to his own reasons after receiving the notice of repossession, it shall be deemed as repossession from the date of the notice), that is, when he occupies and uses the house and enjoys the property service, he shall pay the property fee. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 282 The income obtained by the construction unit, the realty service enterprise or other managers from the * * * part of the owner, after deducting reasonable expenses, shall be owned by the owner.

Article 943 A realty service provider shall regularly disclose the owner's service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, and part of the operation and income in a reasonable way, and report to the owners' meeting and the owners' committee.

Article 944 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. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.