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Is the residential property fee paid first or later?
Consequences of not paying property fees
1, resulting in liquidated damages:
Article 112 of the Property Management Regulations stipulates that if one party fails to perform its contractual obligations or fails to meet the contract, and after performing its obligations or taking remedial measures, the other party still suffers other losses, it shall compensate for the losses. Therefore, if the owner defaults on the property fee, the property company has the right to add liquidated damages. It is not appropriate to call the liquidated damages for delaying the increase of property fees "late fees", but if the relevant contents are clearly stipulated in the contract, the property company has the right to add "liquidated damages".
It should be noted that if the owner who is required to pay the liquidated damages disagrees with the amount of liquidated damages, he may request the people's court or arbitration institution to reduce it appropriately.
2, the court enforced:
Article 67 of the Property Management Regulations stipulates: "If the owner violates the property service contract and fails to pay the property service fee within the time limit, the owners' committee shall urge him to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court. The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes also further explains this. Therefore, if the owner fails to pay the property fee, the property company can bring a lawsuit to the court according to law after failing to perform the dunning procedure. If the parties refuse to perform after the judgment takes effect, the property may apply to the court for compulsory execution.
3, included in the list of dishonesty:
Generally speaking, the amount of property fee cases is not large, but the time span is long, and many cases of several thousand yuan are often delayed for more than seven or eight years. It is precisely because of the small amount that the parties often ignore it and become "old-timers", many of whom are well-off.
For this kind of behavior, the court may, according to the Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Executed Persons with Breach of Trust, include it in the list of executed persons with bad faith, and carry out joint credit punishment according to law.
The above is what Bian Xiao shared for you about whether the residential property fee should be paid first or later. More information can focus on the construction industry and share more dry goods.
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