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When does the law stipulate that property fees should be paid?
1. According to Article 42 of the Property Management Regulations, the owner shall pay the property service fee according to 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. The property service fee shall be paid by the property developer before the property is actually delivered to the buyer for possession, and shall be paid jointly by the owner and the buyer after the actual delivery.
2. When the owner receives the house from the developer, he has the right to actually occupy and use the house and enjoy the property management service of the property service company. As for the owners who actually do not live for some reason, it does not affect the property company to collect property service fees.
3. According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, the people's court will not support the property service enterprises that have provided services in accordance with the contract and relevant provisions, just because the owners do not enjoy or need to accept relevant property services.
Extended data:
1. Article 6 If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable time after being urged in writing, the people's court shall support the property service enterprise in requesting the owner to pay the property fee. 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.
2. Article 7 If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it.
3. Article 8 After the owners' congress has decided to dismiss the realty service enterprise in accordance with the procedures stipulated in Article 76 of the Property Law, the people's court shall support the owners' committee's request to terminate the realty service contract. Where a property service enterprise claims property fees from the owners' committee, the people's court shall inform it to claim rights from the owners who are in arrears with property fees.
4. Article 9 After the termination of the rights and obligations of the realty service contract, if the owner requests the realty service enterprise to refund the property fee that has been received in advance but has not provided the realty service, the people's court shall support it. Where a realty service enterprise requires the owner to pay the property fee in arrears, it shall be handled in accordance with the provisions of Article 6 of this Interpretation.
5. Article 10 After the termination of the rights and obligations of the realty service contract, if the owners' committee requests the realty service enterprise to withdraw from the realty service area and hand over the realty service place and related facilities, as well as the relevant materials required for realty service and the special maintenance funds entrusted by it, the people's court shall support it.
6. If the realty service enterprise refuses to withdraw or hand over and requests the owner to pay the realty fee after the termination of the rights and obligations of the realty service contract on the grounds that there is a de facto realty service relationship, the people's court will not support it.
Baidu Encyclopedia-the Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes
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