Is there a statute of limitations for asking for refund of overpaid property fees?

There is a statute of limitations, and the recovery of property fees is limited by the statute of limitations, which is three years. Limitation of action refers to the right of the obligee whose civil rights have been infringed not to act within the statutory limitation period. At the expiration of the limitation period, the debtor obtains the defense right of limitation of action. In other words, if the property company claims the property fee through litigation, it should ensure that the lawsuit is filed within three years after the owner defaults on the property fee. Otherwise, it can be concluded that the property company is obviously slow to exercise its rights. If the other party raises the defense of limitation of action in the trial, the property company may face the risk of losing the case.

Legal elements of limitation of action

1, there must be a claim. The limitation of action urges the claimant to exercise his power, and the existence of the right of claim is the first condition for the limitation to occur. According to the Supreme People's Court's relevant regulations and theories, the limitation of action should only apply to the claim of creditor's rights, not to the claim of real right.

It is a fact that you are lazy to exercise your rights. Being lazy to exercise rights is a wrong state of not exercising rights. Where the obligee is unaware of the existence of his rights, or knows that his rights exist, but cannot exercise his rights, the general limitation period will not start to count.

3. Failure to exercise this right persists within the statutory time limit. The delay in the exercise of rights is in a continuous state, and if there is a person who promises to exercise rights or obligations in the middle, the limitation period is interrupted; When the continuous state reaches the statutory period, it means that the claim right cannot be exercised before the time stipulated by law, which is the limitation period.

To sum up, the refund of overpaid property fees has a statute of limitations, which is three years.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 188

The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, if more than 20 years have passed since the right was damaged, the people's court will not protect it; Under special circumstances, the people's court may decide to extend the time limit upon the application of the obligee.