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Do you need a reminder for the property fee?
1. Is it necessary to charge property fees in writing for property disputes?
1. Article 65 of the Property Management Regulations stipulates that if the owner fails to pay the property service fee within the time limit in violation of the property service contract, the owners' committee shall urge him to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.
2. Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases stipulates that if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the request of the property service enterprise to the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.
3. The relevant laws, regulations and judicial interpretations have made such provisions, mainly because the specific circumstances of the owners' arrears of property fees are different; In order to protect the owner's right to know, after written reminder, the owner refuses to pay without justifiable reasons or fails to pay within a reasonable reminder period. The property company has the right to bring a lawsuit to the court.
2. Which department should I complain about the property dispute?
Property disputes can be complained to the local housing management department.
According to Article 5 of the Property Management Regulations
The State Council construction administrative department is responsible for the supervision and management of the national property management activities. The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.
Forty-eighth real estate administrative departments of local people's governments at or above the county level shall promptly handle complaints from owners, owners' committees, property users and property service enterprises in property management activities.
Article 56 of the Regulations on Property Management
If, in violation of the provisions of this Ordinance, a residential property construction unit fails to select a property service enterprise through bidding or selects a property service enterprise through agreement without approval, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and may impose a fine of more than 6,543,800 yuan.
Article 58
In violation of the provisions of this Ordinance, the relevant materials are not handed over, and the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit; If the relevant materials are still not handed over within the time limit, the construction unit and the property service enterprise shall be notified, and a fine of more than 1 1,000 yuan 1 1,000 yuan shall be imposed.
To sum up, if a dispute arises because the owner defaults on the property fee, the property company must collect relevant evidence and handle it in writing when collecting the property fee. As long as the evidence is complete, they can safeguard their rights and interests, and owners who do not pay property fees will bear legal responsibility.
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