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Jingmen Property Fee Collection Standard 2022
There is no need to pay property fees for the three fees. Public areas such as elevators, corridors and roads in the community belong to the owner's scope of use. If a property management company uses the owner's part to operate, it shall separately account for the public benefits and publicize it to the owner in a timely manner. 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 reasonable way for a property company to demand payment of property fees is "demand payment+bring a lawsuit or apply for arbitration". The relationship between the property company and the owner is only a property service contract. Property companies usually charge water, electricity and heating fees, but this does not mean that property companies have the right to supply water, electricity and heating. Therefore, the property company has no right to ask the owners to pay the property fee by means of water, electricity and heating.
From 202 1, 1, 1, the state has issued a series of new property regulations, and all problems between the property and the owners will be implemented according to the new regulations. The new regulations stipulate that in three cases, the owner does not have to pay the property fee, and the owner also enjoys three major rights and interests.
First, there is no need to pay private property fees. Some property companies charge "decoration management fee", "garbage transfer fee" and "public facilities maintenance fee" for profit under various excuses. Items collected by these properties themselves are not allowed. If the property is forcibly expropriated, the owner can report to the relevant departments in addition to not paying the money.
Second, there is no need to pay the expenses incurred by the property owner in violation of the contract. The service standard and charging standard of the property must be implemented in full accordance with the signed contract. If the property lowers the service standard or raises the charging standard, the owner has the right to report to the relevant department without paying the fee; At the same time, if the supporting facilities of the residential area are inconsistent with the developer's commitment, the property shall reduce the service fee for the owner according to the actual situation, and the fee shall be compensated by the developer.
Third, there is no need to pay property fees during overdue delivery. Many auction houses will clearly write the delivery date in the purchase contract, and sometimes due to the developer's reasons, the delivery will be overdue. However, the property fees of some properties are collected from the delivery time agreed in the contract, which does not meet the requirements. In the case of overdue delivery by the developer, the property has no right to collect the property fee from the owner during the unpaid period.
legal ground
civil law
Article 939 stipulates that the prophase realty service contract concluded by the construction unit and the realty service provider according to law is legally binding on the owner. Article 943rd stipulates that the property service provider shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, part of the owners' operation and income in a reasonable way, and report to the owners' meeting and owners' committee.
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