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Can the owners' committee sue the owners for not paying the property fee?
The owners' committee has no right to sue owners who fail to pay property fees. Property fee exists in the property service contract, and the main body of the property service contract is the property company and the owner. The property management company can make a decision to sue the owner and demand him to pay the property fee without fulfilling the dunning procedure through negotiation, and bear the late payment fee and liquidated damages for the property fee.
Legal objectivity:
Article 41 of the Regulations on Property Management
The owner shall 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. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.
Article 44
Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.
Article 65
In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them 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.
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