"Property Law" stipulates that when the new owner confiscates the building, the property management begins to ask for the property management fee. Is it reasonable?

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.

Legal analysis

According to the relevant laws and regulations, the property fee will be paid from the date when the developer or the property is handed over. When the owner checked in, he signed a property entrustment agreement with the property service company, which has provided services in accordance with the contract and related restrictions. If the owner fails to pay the property fee on the pretext of not enjoying or accepting the relevant property services, the people's court will not support it. In other words, if the owner does not enjoy the services provided by the property service company or does not need to accept relevant property services, the court will not support it. For acts that damage the legitimate rights and interests of others, such as refusing to pay property fees, the owners' assembly and the owners' committee have the right to require the perpetrator to stop the infringement and compensate for the losses according to laws, regulations and management regulations. Although the owner has not taken over the house, the preliminary property service work has actually started, and the preliminary property service agreement has also come into effect. The charging standard of the owner's vacant house property fee will generally be reflected in the preliminary property service agreement. Generally speaking, if you don't accept the house, you have to pay the property fee. The specific amount to be paid needs to be determined according to the previous property service agreement between the two parties. 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. Property service personnel shall not stop power supply, water supply, heating and gas supply.

legal ground

"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.