Limitation period for recovery of property fees

If the owner is in arrears with the property service fee, the property company claims to the court that the limitation of action for the property service fee is 3 years, counting from the time when it is known that the property service fee is in arrears. If the property has delayed repossession, failed to sign a contract with the owner, poor service quality, and raised the charging standard of property services without authorization, the owner may suspend payment or refuse to pay.

The circumstances in which the property fee may not be paid are as follows:

1, the collection of property fees should be calculated from the date when the owner receives the notice of repossession, and should not be calculated from the delivery date specified in the purchase contract. If the developer fails to notify the owner to repossess the building, so the repossession is delayed, the owner may refuse to pay the property fee during this period;

2, the property company has not signed a contract with the owner, the owner can refuse to pay;

3. If the energy cost generated by power equipment such as heating and central air conditioning required by the property management company is not within the scope of payment by the owner, it may refuse to pay;

4. Poor property service quality can be temporarily rejected, but there must be strong evidence and a substantive solution;

5. When the property provides services not agreed in the contract or without the consent of the owner, the owner has the right to refuse delivery;

6. If the property company raises the charging standard of property services without authorization, the owner may refuse to pay the part that is raised without authorization;

7. If the house is not delivered due to the quality problem of the house, the property fee shall be paid by the developer;

8. If the property management company does not have the original approval document of the price management department, the owner may refuse to submit it.

legal ground

People's Republic of China (PRC) Civil Code

Article 188 The limitation period of ordinary litigation and the longest period of rights protection shall be 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, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.