Job Recruitment Website - Property management company - Is there a property fee for vacant houses?
Is there a property fee for vacant houses?
Article 42 of China's "Property Management Regulations" stipulates: "The completed property that has not been sold or handed over to the property buyer shall be paid by the construction unit." Article 21 also stipulates: "Before the owners and the owners' congress select and employ the realty service enterprise, the construction unit shall sign a written preliminary realty service contract. "According to the above-mentioned laws and regulations, the charging time of the property service fee undertaken by the development and construction unit shall be subject to the charging time stipulated in the contract signed with the property service enterprise.
Can the vacant real estate property fee not be paid?
In practice, the property service enterprise has provided services in accordance with the contract and relevant regulations, and the people's court will not support the owner's failure to pay property fees on the grounds of not enjoying or accepting relevant property services.
That is to say, if the owner claims that he has never enjoyed the services provided by the property service enterprise (for example, the owner claims that he has never enjoyed the services because the houses abroad are uninhabited) or does not need to accept the relevant property services (for example, the owner downstairs claims that he has never taken the elevator, etc.). ), the court does not support it.
Hiring a property service enterprise is the decision made by the owner. As long as the realty service enterprise provides relevant services in accordance with the contract, all owners have equal obligations to pay property fees. Unless otherwise agreed in the management statute or the realty service contract.
When will the property management fee be collected?
1. The beginning of the owner's occupancy is that the owner goes to the residential property management office to check in, and the owner obtains the key to the new house. Because "sometimes the owner will rent the blank house directly, but in fact, he will have to pay 100% of the property management fee".
2. After the owner goes through the check-in formalities, the property management service fee shall be paid by the owner or user on a monthly basis, and for the owner who has purchased but has not checked in within one year, it shall be paid at 50% of the property management service fee standard. At the same time, in order to avoid some "real estate speculators" leaving their houses idle for a long time, it is stipulated that "those who do not move in after one year will pay the property management fee at 100%". The "Measures" did not clearly define the standard of "occupancy". Personally, I think the owner can't take the key as the boundary, but according to the situation reflected by Ms. Zhang, the house has been renovated, which means that someone is already using the house and starting to enjoy some supporting services in the community, so it is more reasonable to charge 50% of the property management fee.
3. National laws and regulations do not stipulate how often to pay property fees, so you can indicate the payment time of property fees in the signed property management contract.
According to the property management regulations, the property management company should check with the developer before handing over the house. After the acceptance, the property management company officially took over the community, so the information and keys of the houses that have been completed and accepted must be handed over to the property management company.
5. After receiving the notice of occupancy issued by the developer, the owner will start to pay the property fee according to the time on the notice of occupancy, and all the expenses and responsibilities of the house after this time will be borne by the owner himself. In other words, from that day on, all the rights and responsibilities of the house belong to the owner.
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