Is the time limit for property prosecution three years?

1. Is the statute of limitations for property fee disputes three years?

1, and the statute of limitations is 3 years.

2. Legal basis: Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights for 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, if more than 20 years have passed since the right was damaged, the people's court will not protect it; Under special circumstances, the people's court may decide to extend the time limit upon the application of the obligee.

2. What are the property fee dispute cases?

1. If the owner refuses to pay the fee unreasonably, he shall be ordered to pay the property management fee in accordance with the provisions of the contract, and bear the liability for breach of contract for late payment.

2. If the owner refuses to house for his own reasons and asks for a reduction or exemption of the property management fee on this ground, it is generally not supported.

3. If the service quality provided by the property management company fails to meet the contract, the property management company refuses to pay the fees, which belongs to the property management company's default first, and the owner's refusal to pay the property management fees belongs to the act of exercising the right of defense in the performance of the contract, which is a means of self-relief adopted according to law. In this case, according to the quality of service provided by the property management company, the property management company can decide to reject the lawsuit requesting the owner to pay the property management fee, or decide to reduce the property management fee of the owner, but the maintenance fee payable is not limited.

4. For disputes caused by owners' refusal to pay fees due to unreasonable allocation of public fees, relevant owners shall be ordered to pay their share of property management fees and maintenance fees in accordance with the relevant provisions of the competent government departments and on the basis of reasonably determining the expenses that owners should share.

5. If the property management company arbitrarily expands the charging scope, raises the charging standard and charges repeatedly, and the owner refuses to pay it, it is determined that the owner pays the property management fee according to the standard approved by the price department, and refuses the unreasonable part of the service charges increased by the property management company without the owner's consent. At the same time, it is suggested that the government price supervision and management organ should punish the property management company for illegal charges.

6. How to deal with the dispute caused by the failure of both parties to sign a written property management contract? Because there is no property contract, there is no written agreement between the two parties to determine their rights and obligations. In the lawsuit, the owner will use this as a defense and refuse to pay the property management fee. We believe that although the two parties have not signed a written property management contract, the owners actually enjoy property management services and benefit from them, and a de facto property management relationship has been formed between the owners and the property management company. The court may, according to the principles of fairness, reasonableness, honesty and credit, refer to the charging standards set by the government or similar property service items, and judge the owners to pay the corresponding property service fees.

7. If the owner defaults on the property management fee and the property management company requests to pay the overdue fine in accordance with the agreement, it shall be supported. If the amount of overdue fine is too high, it can be appropriately adjusted according to the requirements of the defaulting party, and the adjusted overdue fine generally does not exceed the amount owed. In addition, in the process of hearing such cases, we should also pay attention to whether the charging standards of property management companies have been audited by the price department and whether they are clearly marked; Whether there is an agreement on special service charges in the contract between the owner and the property management company; Whether the property fees agreed in the contract can be collected in advance, whether the time limit for collecting in advance is in line with the law, and so on.

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