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Is it time to sue for five years' property fees?
Arrears of property fees will not be invalid, no matter how many years, as long as the property company is still responsible for the property work in the community, no matter how many years. However, after the property company left the community, it lost the chance to win the case if it did not sue the owners for arrears within three years.
The statute of limitations for property fees applies to the general statute of limitations, and the statute of limitations is 3 years. The limitation of action refers to the legal time limit for the obligee to ask the people's court to protect his civil rights, and the property company only needs to bring a lawsuit within three years of the limitation of action. After the expiration of this period, the effectiveness of the parties' civil rights will be affected to some extent. The limitation of action is not the time limit agreed by the parties, but the time limit directly stipulated by law.
1. What are the consequences of not paying the property fee?
1, violating the property contract
First of all, the owner pays the property fee according to the provisions of the property contract, and the charging standard of the property is also stipulated in the property contract. If the owner does not pay the property management fee, that is, it violates the property management contract, then the responsibility for breach of contract lies with the owner. Once there is a dispute in the later stage, the owner will be indefensible.
2, involved in judicial disputes
If the owner fails to pay the property fee for a long time, it will lead other owners to follow suit. If most owners do not pay property fees for a long time, the normal operation of the community will be affected. If many people don't pay the property fee for a long time, the property will sue the owners who don't pay the property fee, and the result of the prosecution is to make up the property fee, because the owners who don't pay the property fee belong to the indefensible party, and if they are sued, they will definitely lose the case.
Step 3 be blacklisted
Once the owner fails to pay the property fee and enters the judicial process, the court will require the owner to enforce the obligation to pay the property fee, but it will not be implemented after the court's judgment, and the court will incorporate this behavior into the credit information system. Now many cities have this regulation, which makes malicious refusal to pay property fees punishable. At the same time, it is conducive to the formation of the entire social credit system.
Second, the composition of property management fees.
The composition of property service cost or property service expenditure generally includes the following parts:
1, salary of management service personnel, social insurance and welfare expenses drawn according to regulations, etc. ;
2, the daily operation and maintenance costs of * * * parts of the property and * * * facilities and equipment;
3, property management area cleaning costs;
4, the property management area greening maintenance costs;
5, property management regional order maintenance costs;
6. Office expenses;
7. Depreciation of fixed assets of property management enterprises;
8. Part of the property, facilities, equipment and public liability insurance fees;
9. Other expenses agreed by the owner.
The cost of overhaul, medium repair, renewal and transformation of the parts and facilities used by the property shall be paid by special maintenance funds and shall not be included in the expenditure or cost of property services.
legal ground
People's Republic of China (PRC) Civil Code
Article 188 The limitation of action for requesting the people's court to protect civil rights 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.
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