Is there a late fee for the property fee?

There is no legal provision about the late payment of property fees in China, and the national legal system does not stipulate that the late payment of property fees will lead to late payment fees. Only those who pay administrative fines will have late payment fees. However, according to the agreement of the property service contract, overdue payment of property fees may result in liquidated damages.

1. What are the legal provisions for defaulting on property fees?

There is no legal provision about the late payment of property fees in China, and the liability for breach of contract for late payment of property fees should be implemented in the property service contract.

Short-term arrears generally do not charge late fees. Whether or not to charge late fees for property fees depends on the stipulations of the property service contract. If the contract contains the clause of surcharge for late payment, the property company can collect the late payment fee according to the proportion agreed in the contract. The specific levy amount is different according to the requirements of each property company, and it is necessary to refer to the signed property service contract.

Second, what are the legal provisions for owners not to pay property fees?

People's Republic of China (PRC) Civil Code

Article 944

Obligation of the owner to pay the property fee; 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.

3. What are the relevant regulations on property fees?

measures for the management of property service charge

Article 1 These Measures are formulated in accordance with the Price Law of People's Republic of China (PRC) and the Regulations on Property Management in order to regulate the charging behavior of property services and protect the legitimate rights and interests of owners and property management enterprises.

second

The term "property service fee" as mentioned in these Measures refers to the fees charged by property management enterprises to the owners for the maintenance, conservation and management of houses and supporting facilities and related sites, and for maintaining the environmental sanitation and order in the relevant areas.

essay

The state encourages owners to choose property management companies through an open, fair and just market competition mechanism; Encourage property management companies to carry out legitimate price competition, prohibit price fraud, and promote the formation of property service charges through market competition.

Article 4 The competent price department of the State Council shall be responsible for the supervision and management of the national property service charges jointly with the competent construction administrative department of the State Council.

The price departments of local people's governments at or above the county level shall be responsible for the supervision and management of property service charges within their respective administrative areas jointly with the real estate administrative departments at the same level.

Fifth property service charges should follow the principles of rationality, openness and the adaptation of charging standards to service levels.

Article 6

Property service charges should distinguish the nature and characteristics of different properties, and implement government-guided prices and market-regulated prices respectively. The specific pricing form shall be determined by the price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the real estate administrative departments.

Article 7

If the property service charges are subject to government-guided prices, the competent price department of the people's government with pricing power shall, jointly with the real estate administrative department, formulate the corresponding benchmark price and its floating range according to factors such as the standard of property management service level, and publish it regularly. The specific charging standard is agreed by the owner and the property management enterprise in the property service contract according to the specified benchmark price and floating range.

The property service charges that are regulated by the market shall be agreed by the owners and the property management enterprises in the property service contract.

Article 8

Property management enterprises shall clearly mark the price in accordance with the provisions of the competent pricing department of the government, and publicize the service contents, service standards, charging items and charging standards in a prominent position within the property management area.

Ninth owners and property management companies can agree on property service fees in the form of contract system or gratuity system.

The contract responsibility system refers to the way that the owner pays a fixed property service fee to the property management enterprise, and the property management enterprise enjoys or bears the surplus or loss.

The contract gratuity system refers to the method of charging property services by paying the contract gratuity to the property management enterprise according to the agreed proportion or amount from the property service funds received in advance, and the rest is used for the expenses agreed in the property service contract, and the balance or insufficient part is enjoyed or borne by the owner.

Article 10

In the sales contract signed between the construction unit and the property buyer, the content, service standard, charging standard, charging method and charging start time of the property management service shall be agreed, and the agreement concerning the interests of the property buyer shall be consistent.

Eleventh the implementation of the contract system of property service fees, the composition of property service fees includes property service costs, statutory taxes and fees and the profits of property management enterprises.

The implementation of the property service fee reward system, the property service funds received in advance include property service expenditure and property management enterprise remuneration.

The composition of property service cost or property service expenditure generally includes the following parts:

1, salary of management service personnel, social insurance and welfare expenses drawn according to regulations, etc. ;

2, the daily operation and maintenance costs of * * * parts of the property and * * * facilities and equipment;

3, property management area cleaning costs;

4, the property management area greening maintenance costs;

5, property management regional order maintenance costs;

6. Office expenses;

7. Depreciation of fixed assets of property management enterprises;

8. Part of the property, facilities, equipment and public liability insurance fees;

9. Other expenses agreed by the owner.

The cost of overhaul, medium repair, renewal and transformation of the parts and facilities used by the property shall be paid by special maintenance funds and shall not be included in the expenditure or cost of property services.

Article 12 Where the remuneration system for property service fees is implemented, the property service fees received in advance belong to the escrow nature and belong to the owners who have already paid, and the property management enterprise shall not use them for expenses other than those stipulated in the property service contract.

The property management enterprise shall announce the annual budget and final accounts of the property service funds to the owners' assembly or all owners, and announce the income and expenditure of the property service funds at least once a year.

When the owners or the owners' congress raise questions about the annual budget and final accounts of the property service funds and the income and expenditure of the property service funds, the property management enterprise shall promptly reply.

Article 13

Property service charges take the form of remuneration, and the property management enterprise or the owners' congress may hire professional institutions to audit the annual budget and final accounts of property service funds and the income and expenditure of property service funds according to the property service contract.

Fourteenth property management companies should abide by the national price laws and regulations in property services, strictly fulfill the property service contract, and provide the owners with services consistent with quality and price.

Article 15

The owner shall pay the property service fee or property service fund in full and on time in accordance with the property service contract. If the owner fails to pay the service fee or property service fund within the time limit in violation of the property service contract, the owners' committee shall urge him to pay within a time limit; Overdue payment, property management companies can be recovered according to law.

If the owner and the user of the property agree that the user of the property shall pay the property service fee or the property service fund, the owner shall bear joint and several liability from the agreement.

When the property right is transferred, the owner or property user shall settle the property service fee or property service fund.

Article 16

Included in the scope of property management has been completed but not yet sold, or because of the development and construction unit, the development and construction unit shall pay the property service fee or property service fund in full.

Article 17

Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. If the property management enterprise accepts the entrustment to collect the above fees, it may charge the entrusting unit a handling fee, and may not charge the owners any additional fees such as handling fees.

Article 18

The use of property * * * with parts, * * with facilities and equipment for business, shall obtain the consent of the relevant owners, owners' congress, property management companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.

Nineteenth property management companies have been entrusted to implement property services and charge corresponding service fees, and other departments and units shall not charge fees of the same nature and content.

Twentieth property management companies to provide services other than those stipulated in the property service contract according to the entrustment of the owners, and the service charges shall be agreed by both parties.

Article 21

The government price department in conjunction with the real estate administrative department shall strengthen the supervision of the service content, standards, charging items and standards of property management enterprises. Property management companies that violate price laws, regulations and rules shall be punished by the competent price department of the government according to the Price Law of People's Republic of China (PRC) and the Provisions on Administrative Penalties for Price Violations.

Article 22 The price departments and real estate administrative departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures according to these measures and report them to the National Development and Reform Commission and the Ministry of Construction for the record.

Article 23 These Measures shall be interpreted by the National Development and Reform Commission in conjunction with the Ministry of Construction.

The state does not stipulate that holding property fees will generate late fees, so it is impossible to provide corresponding reference here. As for the standard of liquidated damages in the property service contract, this is not uniform, because the standard of property fees charged by each property service company cannot be generalized.