Job Recruitment Website - Property management company - Can the property fee be refunded?

Can the property fee be refunded?

Property fees can be refunded. If you have evidence that you overpaid, you can ask the property management company to refund it, or as compensation for the next property fee. But if you don't want to offset and the property company doesn't want to negotiate a refund, you can sue the court for unjust enrichment and ask the property company to return part of the extra money. According to the provisions of Article 282 of the Civil Law, the income obtained by the construction unit, the property service enterprise or other managers from the owner shall be owned by the owner after deducting reasonable expenses. According to Article 943 of the General Principles of Civil Law, the property service provider shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, part of the owners' operation and income in a reasonable way, and report to the owners' meeting and owners' committee.

legal ground

The relationship between the owner and the realty service enterprise or other managers in Article 285 of the Civil Code of People's Republic of China (PRC). Entrusted by the owners, the realty service enterprise or other managers shall manage the buildings and their ancillary facilities within the building division in accordance with the provisions of the realty service contract in Part III of this Law, accept the supervision of the owners, and promptly answer the owners' inquiries about realty services. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 286 of the Civil Code of People's Republic of China (PRC), the relevant obligations and responsibilities of the owners shall comply with the laws, regulations and management regulations, and the relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 287 of the Civil Code of People's Republic of China (PRC), the owner has the right to require the construction unit, the property service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.