Property fees are not limited by the statute of limitations.

Hello, defaulting on property fees is a civil dispute. In civil disputes, it is not the time limit for prosecution, but the limitation of action. Chapter VII of the General Principles of the Civil Law stipulates the limitation of action: Article 135 The limitation of action for requesting the people's court to protect civil rights shall be two years, unless otherwise stipulated by law. Article 137 The limitation period of action shall be counted from the time when one knows or should know that one's rights have been infringed. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action. According to these two provisions, your property management company has exceeded the statute of limitations. Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Property Service Disputes, which was implemented on June 5438+1 October/0/2009, stipulates that the property service enterprise shall make a request to the owner to pay the property fee within a reasonable period of written reminder, and the court shall support it.

China's General Principles of Civil Law stipulates the system of limitation of action. 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 ground

Article 2 of the Provisions on Several Issues Concerning the Application of the Prescription System in the Trial of Civil Cases stipulates that the people's court shall not recognize the parties who violate the law and agree in advance to extend or shorten the prescription period and give up the prescription interests.

If there is a statute of limitations for property fees, the statute of limitations for property fee disputes is three years, which belongs to ordinary creditor's rights and debts. According to the relevant provisions of China's laws, the limitation of action for requesting protection of civil rights from the people's court is three years, unless otherwise stipulated by law.

Article 188 of the Civil Code

The limitation period for requesting protection of civil rights from the people's court 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.