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Generally speaking, if you go through the delivery procedures, you will first see if there is a quality problem in your house, if your house has a serious quality problem and seriously affects your residential use, then you can apply for unilateral termination of the contract, if it is a general quality problem, you can call the developer to help you repair until there is no problem. Generally speaking, in such cases, the delivery procedures have not been completed. Naturally, there is no need to pay property management fees.
If you feel that there is no problem with the quality of the house, then the developer should stipulate the final time for handing over the property in the pre-sale contract, if you pay the house after paying the house will pay the entry fee (including the property management fee for the first three months, which is reasonable), if you exceed the specified delivery time and do not come to go through the formalities, then the property management fee is calculated from the last time (generally the developer will leave a period of time for the customer).
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is reasonable and legitimate.
Article 42 of the Property Management Regulations The owner shall pay the property service fee in accordance with 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.
So now you know it's reasonable and legal.
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Generally, it is agreed in the contract. In the sales contract, it is generally stipulated that the buyer shall go through the occupation procedures within 15 days after receiving the developer's occupation notice. If you do not do it after the expiration date, you will also be charged a management fee. Just go back and look at your contract.
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Legal analysis: When you buy a house, the property fee is calculated from the day of delivery, and the property management fee incurred during the construction period is paid by the development and construction unit. Circle is defeated.
Legal basis: "Measures for the Administration of Property Service Charges" Article 16 included in the scope of property management has been completed but has not yet been completed, or due to the development and construction unit has not been handed over to the property buyer on time, property service fees or property service funds by the development and construction unit in full.
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Legal analysis: The property management fee is paid by the owner and buyer after the actual delivery of the house, and is generally paid in the next month after the buyer actually receives the house.
Legal basis: Property Management Regulations
Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.
40th property service charges 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 owners and property service enterprises in accordance with the competent department of ***** in conjunction with the construction administrative departments to develop the property service charges, agreed in the property service contract.
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Article 83 of the Property Law: Owners shall abide by laws, regulations and management regulations. The general meeting of owners and the owners' committee have the right to require the perpetrator to stop the infringement and compensate for the losses in accordance with the laws, regulations and the regulations of the management of the property management of the general meeting and the owners' committee for refusal to pay property fees and other acts that harm the legitimate rights and interests of others.
In response to this situation, relevant policies have also been introduced in various places, such as the newly issued "Amendment to the Property Management Regulations" in Shijiazhuang, which stipulates that if the vacant house is vacant for less than 3 months, the property fee will not be paid; If it is vacant for more than 3 months, 20% of the strata fee will be paid.
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Legal analysis: When you buy a house, the property fee is calculated from the day the house is handed over, and the property management fee incurred during the construction period is paid by the development and construction unit.
Legal basis: Measures for the Administration of Property Service Charges Article 10 The property that has been completed but has not yet been completed in the property management Fan Zimingwei, or has not been handed over to the property buyer on time due to the reasons of the development and construction unit, the property service fee or property service fund shall be paid in full by the development and construction unit.
Upstairs only knows to search and search, you can't think about garbage for yourself.
For the first question, property management and house sales are two separate legal relationships. One of the parties to the sale and purchase of a house is the developer and the other party is the buyer, and the relationship between the two is a contract of sale and purchase. The property management parties are the property management company on one side and the residents on the other, and the service contract relationship between the two is the one. >>>More
The Property Management Regulations are as follows:
1. In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people; >>>More
The responsibilities of perfect property management generally include the following: >>>More
Dear, thank you for your patience, the "Property Management Regulations" is an administrative regulation formulated by the People's Republic of China. On June 8, 2003, the People's Republic of China promulgated Order No. 379, according to the August 26, 2007 "Decision on Amending the Property Management Regulations" for the first time, according to February 6, 2016 "Decision on Amending Part of the Administrative Regulations" for the second time, according to March 19, 2018 "Decision on Amending and Repealing Part of the Administrative Regulations" for the third time, Chapter 1 General Provisions Article 1 In order to standardize property management activities, These Regulations are formulated to safeguard the lawful rights and interests of property owners and property service enterprises, and to improve the living and working environment of the people. Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area. >>>More