Disputes and litigation over property service fees

Legal analysis: Property fee disputes belong to contract disputes, and the limitation of action is generally 3 years. China's relevant laws stipulate the statute of limitations system. If you don't exercise your rights within the statutory time limit, it will lead to the legal consequences of losing your rights or reducing the effectiveness of your rights. Then the statute of limitations also applies to property contracts. However, it does not mean that the property fees that have passed the limitation of action cannot be claimed. If the property company can provide evidence to prove that the limitation of action is interrupted, such as a notarized reminder or proof of exercising creditor's rights in other ways; The court collects property fees through the owners' committee, and the owners' committee issues relevant evidence, which can still safeguard the interests of the property company.

Legal basis: Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is 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.

Article 64 of the Property Management Regulations violates the property service contract, and the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them 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.

Article 2 The term "property management" as mentioned in these Regulations refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise carry out maintenance, conservation and management of the house, supporting facilities, equipment and related sites in accordance with the provisions of the property service contract, so as to maintain the environmental sanitation and related order in the property management area.