Is the property fee paid in advance or later?

1. Is the property fee paid first or later?

According to the relevant laws and regulations of our country, the property service charges should follow the principles of reasonableness, openness and adaptability between charges and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, in accordance with the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract. Whether the property fee is paid first or later is also paid according to the agreement between the property and the owner in the contract.

Article 937 of the Civil Code of People's Republic of China (PRC) is a property service contract in which the property service provider provides the owners with property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owners pay the property fees. Property service providers include property service enterprises and other managers. Article 938 of the Civil Code of People's Republic of China (PRC) generally includes service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term and service handover. The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract. The realty service contract shall be in written form. Article 40 of the Regulations on Property Management shall follow the principles of reasonableness, openness, and adaptation of fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, in accordance with the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract. Article 64 of the Property Management Regulations violates the property service contract, and 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.

Second, is the decoration management fee paid to the owner or the property?

At present, the law has no special provisions on decoration management fees, but it is clear that residents in the community have the right to decorate their houses, and the public facilities in the community belong to all owners. Therefore, even if it is necessary to pay the decoration management fee, whether it is handed over to the owners' Committee or the property management Committee is also debatable. Secondly, there is obviously no legal support and reason to charge a non-refundable decoration management fee, but in view of the objective reality that it is easy to destroy the public environment and facilities during decoration, he is also more inclined to charge a decoration deposit. Because there is no detailed constraint of relevant laws, even the practice of collecting decoration deposit, when there is a compensation problem, there is no specific provision on the subject of damage degree appraisal and compensation fee, so it is easy to cause problems.

Third, can property fees be paid late?

It is the owner's obligation to pay the property service fee on time. Whether the property fee can be paid late is stipulated in the property management service contract. If the property fee is not paid on time in the short term, there will be no late payment fee, because under normal circumstances, the property has no right to collect late payment fee. For the property fees owed by the owners, whether the property can pay the late payment fee should be completely in accordance with the provisions of the property management service contract. If the contract signed between the owner and the property contains the clause of collecting late fees, then the property can collect late fees from the owner who fails to pay the property fees within the time limit.

Article 7 of the Detailed Rules for the Implementation of Property Management Regulations stipulates that owners shall perform the following obligations in property management activities:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Article 41 stipulates that property service charges should follow the principles of reasonableness, openness and adaptability between charges and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Article 67 stipulates that 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.

4. How to pay the property fee for vacant houses?

1. The regulation of the property fee for vacant houses is that 70% of the property fee should be paid at the original price for the houses in the vacant period.

2. If the house is vacant, the owner shall take the initiative to apply to the relevant departments.

3. Legal basis:

Article 287 of the Civil Law of People's Republic of China (PRC) stipulates that the owner has the right to demand 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.