Job Recruitment Website - Property management - Does the property have the right to receive a one-year property fee in advance?
Does the property have the right to receive a one-year property fee in advance?
The legal basis for prepaying the property fee for one year is the property service contract signed based on the provisions of the Civil Code, that is, if the residential area where you live has not signed a property service contract with the owner, you can ask the property company to show the previous property service contract signed with the developer and find a clear agreement from the contract. General property fees are collected from the date of delivery of the house. If the house does not meet the delivery standard, the owner may refuse to accept the house. Once the house is closed, it means that the current delivery situation has been accepted and the property fee needs to be paid. Property service charges should follow the principles of rationality, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall, according to the charging standards for realty service formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the realty service contract. 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. Many owners who have already bought a house will encounter such a situation. Property companies will require owners to pay property fees in advance for a period of time when inspecting houses. In fact, this practice is unfounded. According to the regulations, property management companies shall not charge fees in advance against the wishes of the owners or users who are not owners; If it can be received in advance after approval, the period of advance receipt shall not exceed 6 months. In this regard, if the property company cannot produce the approval documents of the government administrative department, it can refuse to pay.
Legal basis: Article 21 of the Regulations on Property Management. Before the owners' congress and the owners' congress select the realty service enterprise, the construction unit shall sign a written preliminary realty service contract.
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