Is there a legal basis for paying the property fee in advance for one year?

In fact, there is no legal basis for collecting property fees in advance. Many owners who have already bought a house will encounter such a situation. Property companies will require owners to pay property fees in advance for a period of time when inspecting houses. In fact, this practice is unfounded. According to the regulations, property management companies shall not charge fees in advance against the wishes of the owners or users who are not owners; If it can be received in advance after approval, the period of advance receipt shall not exceed 6 months. In this regard, if the property company cannot produce the approval documents of the government administrative department, it can refuse to pay.

The legal basis for prepaying the property fee for one year is the property service contract signed based on the provisions of the Civil Code, that is, if your community has not signed a property service contract with the owner, you can ask the property company to show the previous property service contract signed with the developer and find a clear agreement from the contract.

General property fees are collected from the date of delivery of the house. If the house does not meet the delivery standard, the owner may refuse to accept the house. Once the house is closed, it means that the current delivery situation has been accepted and the property fee needs to be paid.

For example:

The house was delivered on June 9, 2009, and the property fee was paid on June 9, 2009. If the contract stipulates annual payment, the property fee shall be paid on June 18 of the following year. If the house is delivered in June 19, the property management company will charge the annual property fee after June 18, 2020, which is illegal. The owner has the right to refuse to pay, and can complain to the competent department.

situation

On August 23rd, 20 1 1 year, Wei X signed the receipt of the owner's handover information, and the room number was 100 1 Unit 2 ... The defendant signed it on August 23rd, 20 17, 20/kloc. The construction area of the house involved in the case stated in the Certificate of Property Right submitted by Wei Gencheng is 164.438+08 square meters. On 20 16, 10 and 1 0, Guang 'an Property Company posted a public notice to all owners of Tian 'an Yujing Community, saying that it would take over the residential property service on 20 16 and 10. The service standard refers to the service standard of Zaozhuang Community property grade, and the charging standard is based on the original property.

20 16, 12, 16, XXXX property management co., ltd (formerly XXXX residential property service company) issued a notice: the company withdrew from the residential property management at the end of 20 16, 16, and now it is handed over to Guang 'an property management company for property management. On March 30th, 20 18, Zaozhuang Tianan Real Estate Development Co., Ltd. (Party A) and Guang 'an Property Management Company (Party B) signed the Tianan Yujing Property Management Service Agreement, which stipulated that Party A entrusted Party B to provide property management services to Tianan Yujing Community, and the agreement came into effect on April 30th, 20 18. During the execution of the agreement, the realty service enterprise and the owners' committee shall negotiate and sign a service agreement, which will automatically become invalid after signing. The property service fee in this property management area shall be paid by the owner according to the construction area of the property owned by him, and the specific standard shall be implemented according to the original property fee price.

On February 22nd, 20 19, the plaintiff authorized Yan Dong, a lawyer of Shandong XXX Law Firm, to issue a lawyer's letter to the defendant to collect the property fees owed by the defendant, and the defendant also admitted that he did receive the lawyer's letter.

legal provision

property management regulations

Twenty-first owners and owners of the General Assembly before hiring a realty service enterprise, the construction unit shall sign a written preliminary realty service contract.

Fortieth property service charges should follow the principles of reasonableness, openness and adaptability between charges and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Forty-first owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

People's Republic of China (PRC) Civil Code

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.