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Strata fees apply. The delivery of the house, in the strict sense, should be the final delivery standard with the registration and acquisition of the title certificate. However, in practice, the two parties often take the check-in handover as one of the main procedures for checking whether the house meets the statutory and agreed delivery conditions.
However, legally, the delivery has been completed after registration, and since the house has been delivered, the relevant property management fees should also be paid regardless of whether the owner actually lives in it or not, because there are many property management services provided by the property management company regardless of whether the owner actually lives in it or not.
Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.
The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 599 of the Civil Code of the People's Republic of China The seller shall, in accordance with the agreement or trade customs, deliver to the buyer the relevant documents and materials other than the documents for the extraction of the subject matter.
Article 601 of the Civil Code of the People's Republic of China The seller shall deliver the subject matter within the agreed time. If a time limit for delivery is agreed, the seller may deliver it at any time during that time limit.
Article 7 of the Property Management Regulations The owner shall perform the following obligations in the property management activities:
1) Abide by the management statute and the rules of procedure of the general meeting of owners;
2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;
3) To implement the decisions of the general meeting of owners and the decisions of the owners' committee authorized by the general meeting of owners;
4) Pay special maintenance funds in accordance with the relevant provisions of the state;
5) Pay the property service fee on time;
6) Other obligations provided for by laws and regulations.
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I didn't take the keys and handed over some percent.
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Legal analysis: If you don't take the key to open the stupid key, you generally don't need to pay the property fee.
Target. Under normal circumstances, if the owner does not get the key, he does not need to pay the strata fee. Once the delivery date is reached and the delivery conditions are met, the buyer will need to start paying the corresponding property fee regardless of whether the buyer has received the key or not.
Legal basis: Civil Code of the People's Republic of China.
Article 944: The owner shall pay the property fee to the property service provider in accordance with the agreement. If the property management service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted or does not need to accept the relevant property management services. If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider may urge the owner to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration.
Property service providers shall not stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.
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Legal analysis: It is necessary to see whether the property fee needs to be paid on a case-by-case basis. In the first case, the developer delays the delivery of the house and does not send the owner a notice of occupancy in any form, and there is no need to pay the property fee. In the second case, the developer notifies the owner to check in, but does not pick up the keys for personal reasons, which requires the payment of the strata fee.
Legal basis: Article 41 of the "Property Management Regulations" The owner shall pay the property service fee according to the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment.
For properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit.
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In general, a strata fee is required. As long as the house is handed over, whether the owner has moved in or not, whether he has taken the key or not, he needs to pay the property fee. The property fee is mainly used for the maintenance and repair of public facilities in the community, but if the absolute fire trembling fruit is the property fee before the delivery, the owner does not need to pay it.
If you do not pay the property fee on time, you will not only violate the contract, but also bear the liquidated damages for late payment in accordance with the contract. In addition, non-payment of property fees may also affect personal credit reporting. If you refuse to pay the property fee, the property is likely to go to the court to sue, which will bring trouble to the lawsuit, and if you do not pay it after the court judgment, you will be pulled into the list of dishonest people.
In addition, the property service section of the charge should follow the principle of reasonableness, openness and the cost and service level to adapt to, distinguish the nature and characteristics of different properties, by the owner and the property service enterprise in accordance with the ***** competent department in conjunction with the construction administrative department to develop the property service charging method, agreed in the property service contract.
As long as the developer notifies the owner in writing or ** that the property has been collected, the owner will start to pay the property management fee in the following month, even if the owner has not yet received the house key. >>>More
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