Can the owner get the ladder fee collected by the property 8 years ago back?

If it is 8 years ago, the property charged a fee, then if the fee is not reasonable, the owner can take the form of a lawsuit to get back the fee charged by the property.

The property is charged indiscriminately.

Unreasonable property service charges? Here are two channels to solve.

1. Report arbitrary fees to the market supervision department.

When residents encounter arbitrary charges for property services, they can keep relevant evidence such as bills, and report the arbitrary charges by calling the market supervision complaint report, and the Municipal Market Supervision Bureau will accept them in accordance with laws and regulations.

2. It is recommended that the owner actively participate in the management of property services.

In accordance with the provisions of the "Implementation Measures for the Management of Property Service Charges", after the establishment of the owners' meeting of the residential community, the owners' committee has the right to re-agree on the property service charges with the property service company according to the content and service quality of the service according to the entrustment of the owners' meeting. If the two parties do not agree through negotiation, they may request that the competent department where the property service project is located shall negotiate with the housing and construction department at the same level.

The property service implements the first guide price and market adjustment price.

According to the nature and characteristics of different properties, the property service charges are subject to the first guide price and market adjustment price.

The scope of application of these two types is different: the property service charge before the establishment of the owners' meeting, the first guide price is implemented in the residential community, and the market adjustment price is implemented for non-residential buildings; After the establishment of the owners' meeting, the property service charges, residential communities and non-residential areas are subject to market adjustment prices.

Charging Policy:

For properties equipped with facilities and equipment such as elevators and secondary water supply, the maintenance and operation costs of the equipment shall be paid by the owner or property user, and the property service enterprise shall collect and manage the equipment. Property service enterprises should be separately booked, earmarked for special purposes, rolled over for use, and regularly publish income and expenditure accounts.

Parking service charges for a total part of the residential community:

If the parking facilities in the common part of the residential community (including the residential part of the mixed commercial and residential community) in the main urban planning area have established a general meeting of owners, the parking service fee standard shall be determined by the general meeting of owners; If the general meeting of owners is not established, the parking service fee standard shall be determined by the owner and the property service enterprise and the parking service enterprise in principle, and if the negotiation is inconsistent, it shall be implemented according to the standard of "the parking facility charge guide price of the common part of the property in the residential community of Kunming City".

As long as it is an unreasonable charge and there is a bill, you can ask for it back, and you can sue if you don't give it.

If it is a fee charged by the property 8 years ago, the owner can negotiate with the property to deal with it, after all, it was far away 8 years ago, and it is difficult to recover it now, so it can only be negotiated with the property.

First, what is the reason to come back? Second, the statute of limitations is three years.

Irrationality. The property fee includes the daily operation and maintenance costs (including elevators) of the common parts of the property and the common facilities and equipment. So, the elevator fee is included in the strata fee.

Therefore, the elevator fee and the property fee are generally combined to collect, for this reason, the property fee and the elevator fee is unreasonable, can be negotiated to solve, the negotiation can not be done to the industrial and commercial department for help or direct prosecution.

Legal basis: Article 40 of the Property Management Regulations shall follow the principle of reasonableness, openness and the adaptation of the cost source and the level of service, distinguish the nature and characteristics of different properties, and the property service enterprises shall be agreed in the property service contract in accordance with the property service charges formulated by the competent department of the ***** in conjunction with the construction administrative department of the State Service and Bridge Affairs Institute.

Article 44 of the Property Management Regulations in the property management area, water supply, power supply, gas supply, heat supply, communications, cable television and other units shall collect relevant fees from the end user.

Where property management service enterprises accept entrustment to collect money and fees on their behalf, they shall not charge the owners additional fees such as hail and erection fees.

Legal Analysis: Unreasonable. As we all know, the elevator belongs to public facilities and equipment, in accordance with the relevant laws, regulations and housing sales contracts, by the residential owners and the relevant non-residential owners of the common ancillary facilities and equipment, generally including elevators, antennas, lighting, fire protection facilities, green space, roads, street lights, etc., it can be seen that the elevator belongs to the public facilities and equipment of the property, which should be undisputed.

In the collection of this fee, priority should be given to the agreement of the owner, and if there is no agreement or the agreement is not clear, it shall be determined according to the proportion of the owner's exclusive part to the total area of the building, and this proportion shall take into account the area, floor, orientation, price at the time of purchase and other comprehensive factors such as the owner's exclusive part.

Legal basis: Property Management Regulations

40th property service charges should follow the principle of co-osimen collapse, disclosure and the cost and service level to adapt to the principle of the bureau, distinguish the nature and characteristics of different properties, by the owners and property service enterprises in accordance with the competent department in charge of the price of the property service in conjunction with the construction administrative department to develop the property service charges, agreed in the property service contract.

Article 41 The owner shall pay the property service fee in accordance with the provisions of 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.

42nd people's competent departments at or above the county level, in conjunction with the competent departments of real estate at the same level, shall strengthen the supervision of property service charges.

Legal analysis: If you pay the property fee, you have to pay the elevator maintenance fee, because the elevator is out of order, so you need the owner of the community to pay for the repair. The property is responsible for managing the common parts of the house, which refers to the foundation, internal and external load-bearing walls, beams, slabs, columns, roofs, etc. shared by the owners and property users of a residential building, in addition to stairwells, passages, special rooms, exterior walls, roof waterproofing, bicycle storage garages in the building, etc.

Common facilities refer to non-municipal roads, street lights, greening, building sketches, septic tanks, non-municipal drainage pipelines, cellar wells, non-profit leisure plazas and fitness equipment shared by owners and property users in residential areas. Shared equipment refers to sewer pipelines, downpipes, elevators, lightning protection devices, electrical wiring, and pressurized pump rooms shared by owners and property users in residential buildings; The anti-theft door at the entrance of the residence and the electronic monitoring system, electric control door, trash can, and garbage bin installed by the non-owner or property user in the residential area.

Legal basis: Article 43 of the "Property Management Regulations" property management service enterprises can provide services other than those agreed in the property management service contract according to the entrustment of the owner, and the service remuneration shall be agreed by both parties.

Article 53 of the Regulations on Property Management The owners of residential properties, non-residential properties in residential quarters or non-residential properties connected to the structure of a single residential building shall pay special maintenance funds in accordance with the relevant provisions of the State. The special maintenance funds belong to the owner, and are specially used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the property warranty period, and shall not be diverted for other purposes. Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department in conjunction with the financial department.