Is it legal to collect property fees for resettlement communities?

It depends. If the government has introduced relevant policies, which are reasonable, there will generally be relevant regulations. The community is the public living space of the community owner, not the business place, and has no right to charge tickets and other similar fees. Property management companies or self-management teams can charge property fees, generally according to the construction area, but not according to the entry and exit of personnel.

Property fee refers to the fee that the property manager should pay according to the property service contract when providing property services and accepting property services. It is the owner's obligation to pay the property fee. If the owner is in arrears with the property fee, the property service provider may demand payment or bring a lawsuit, but it cannot demand payment by stopping power supply, water supply, heat supply and gas supply.

If the property of the resettlement housing community can show the charging license and charging basis issued by the government department, then the property fee will be paid, and vice versa. Because resettlement houses refer to houses that have been demolished due to urban planning, land development and other reasons, and are placed in the houses where the demolished people or tenants live. The sale of such houses is not only regulated by laws and regulations, but also restricted by local government policies, so it is very different from ordinary commercial housing transactions.

Is it legal to collect property fees in advance?

1. It is illegal to pay the property fee in advance without the consent of the owner and the user.

Generally speaking, the property fee should be paid monthly. The property company can entrust the bank to collect the property fee, and the bank will automatically deduct the property fee for the current month. If the property management fee is not paid on time, the owner still refuses to pay it after the property management company has fulfilled the dunning procedure, and can sue.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 207

State, collective and private property rights and the property rights of other obligees are also protected by law, and no organization or individual may infringe upon them.

Article 208

The establishment, alteration, transfer and extinction of the real right of immovable property shall be registered according to law. The establishment and transfer of the real right of movable property shall be delivered according to law.