The latest management regulations of civil code on property fees

The latest management provisions of the Civil Code on property fees are as follows:

1. Although there is no property service contract directly signed with the property management company, the owner has to pay the property fee after moving in.

According to Article 939 of the Civil Law, the preliminary realty service contract concluded by the construction unit and the realty service provider according to law is legally binding on the owner.

2. The operating income of the public * * * area belongs to all owners.

According to the provisions of the Civil Code, after deducting the operating expenses, the proceeds from the public areas of the community will be owned by all owners, and these proceeds can be used to supplement the public maintenance fund of the community. Such as parking fees, advertising and marketing fees, store rental fees, etc.

3. The owner can cancel the property.

Article 284th of the Civil Code stipulates that the owner has the right to replace the realty service enterprise or other manager selected by the construction unit according to law.

4. The property protects the personal safety and property safety of the owner.

Article 942 of the Civil Code stipulates that the property service provider shall maintain the basic order of the property service area and take reasonable measures to protect the personal and property safety of the owners. Although the current residential management is strict and outsiders are not allowed to enter and leave at will, it is inevitable that there will be theft, which is mostly attributed to the inaction of the property. As long as we strengthen vigilance, patrol and monitoring, we can effectively avoid such problems and better protect the property and personal safety of the owners.

5. The property cannot coerce the owner to pay the property fee by cutting off water and electricity.

Article 944 of the Civil Law stipulates that property service providers shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees. In the past, many residential properties had this behavior. If the owner defaults on the property fee, it will force the owner to pay the fee by cutting off water and electricity, which will seriously affect the quality of life of the owner.

6. For specific property losses, the owner can find a property guarantee.

Article 1254 of the Civil Code stipulates that it is forbidden for others to throw objects from buildings, and building managers such as property service enterprises should take necessary safety measures to prevent such incidents. Those who fail to take necessary safety measures shall bear the tort liability for failing to fulfill their safety guarantee obligations according to law. For example, parking spaces in some communities are open-air and parked downstairs or on the side of the road. If a resident upstairs throws something out of the window, it is easy to hit the car and cause some losses to himself. If you can't identify the infringer, don't worry. Finally, you can ask the property for corresponding compensation.

Determination of property management fee:

The charging standards of different services provided by property management companies for your owners or users are different.

Part of the service charges are determined by the property management company through consultation with the owners or users.

However, some services should be charged according to the regulations of relevant government departments.

Specifically, some projects are one-time charges; Some items are collected regularly, and some items are collected in a flexible way. The specific situation depends on how the signed property management contract is stipulated.

To sum up, the owner shall pay the property fee as agreed. If the property service provider has provided services, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept relevant property services.

Legal basis:

civil law

Article 186

If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.

Article 186

If one party's breach of contract damages the other party's personal rights and property rights, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.

Article 233

If the property right is infringed, the obligee can solve it through conciliation, mediation, arbitration and litigation.