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Property fee 10 years overdue. How to pay the fee?
1. Under what circumstances can the owner refuse to pay the property fee?
1. Because the house quality problem is not delivered, the property fee is paid by the developer.
2. If the property company fails to perform the service responsibility of the property contract, all the owners can refuse to pay, but there must be strong evidence.
3. The service quality provided by the property management company can't reach the standard agreed in the contract.
4. The property management company has no original approval document of the price management department.
5. The property management company increases the charging items, expands the charging scope and raises the charging standard without authorization.
Second, how long is the statute of limitations for defaulting on property fees?
1. The limitation of action for defaulting on property fees is three years, and the limitation of action for requesting protection of civil rights from the people's court according to Article 188 of the Civil Code is three years. Where there are other provisions in the law, those provisions shall prevail.
2. The limitation 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.
3. 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.
3. What should I do if I am sued for defaulting on property fees?
1. Reach a settlement with the property management company by paying the property management fee, and let the property management company withdraw the lawsuit.
2. Property fees can be paid through mediation in the pre-trial mediation stage.
3. Those who are sued for defaulting on property fees shall pay the property fees in time, and those who refuse to pay the property fees with justifiable reasons shall actively respond to the lawsuit. Let the court decide, and then follow the court's decision.
To sum up, the owner should pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 944
The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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