Property charges litigation case analysis

[Case]A property company in Beijing1996 Into the Beijing B provide residential property services, is based on and commissioned escrow contract developers designated property company.1997Years B areas of the property management committee, confirmed that the contract.2004Years, small part of the owners of the industry committee objections to the contract. At the same time, a property company, and most areas of the owners signed a contract. Property management fee charges per square metre per month8Element,2003Years per square meter per month4Element.2004Years down per square metre per month3Element. Due to historical reasons, B cell contradictions, between owners and owners, owners and developers between, between the owner and the a property company, between the owners and the owners of the committee, all contradictions. But the biggest problem of a property company is part of the owners for various reasons, long-term do not pay property fees. As it cannot be helped, a property company to sue in a district court in Beijing City, asked the defendant to the owners plan to pay the debt Property management fee. In the lawsuit, the defendant has litigation request has been the limitation of action for the defense. Among them there were three cases of representative, have different results. A court case, does not support the plaintiff's petition, identified, "the plaintiff failed to claim their rights, should bear the adverse consequences if it fails to do so, the plaintiff's litigation, the litigation request has been statutory limitation" instead of being protected. Case two, in support of the court the plaintiff appealed that "on the defendant, the plaintiff litigation request has been litigation section, taking into account the property management service has the characteristics of continuous service, according to the spirit of the case, the limitation of action should not be too harsh to grasp".

　　　[Comment on]: A, court cases do not support the plaintiff's petition, identified, "the plaintiff failed to claim their rights, should bear the adverse consequences if it fails to do so, the plaintiff's litigation, the litigation request has been statutory limitation" instead of being protected.

The limitation of action refers toCivil rights have been violated human rights exercised during the statutory period, after the expiration of the limitation period, lost to request the people's court according to the procedure of mandatory obligations shall fulfill the obligations of the right system. China's "general principles of civil law" provisions of article 135th"To the people's court for the limitation of action protection of civil rights shall be two years, except as otherwise stipulated by law."

Common property management enterprises in our country cannot cite proof of sufficient evidence in two years that fees charged property rights. Thus face rights without protection may be in the process of lawsuit. It has the following main reasons: no property companies do not collect fees for the property, but the collection basis is difficult to prove the. One is the property company phone, oral collection are, left no written materials; two is the property of the company written collection, but the owners are not willing to or refuse to sign; three is the property company mail collection notice, the owners refused to accept; four is the owners don't live long and could not be contacted; five is the reason he.

Case two, in support of the court the plaintiff appealed that "on the defendant, the plaintiff litigation request has been litigation section, taking into account the property management service has the characteristics of continuous service, according to the spirit of the case, the limitation of action should not be too harsh to grasp".

In view of the objective situation, property disputes, for historical reasons, in order to buffer the social contradiction, the people's court to relax the property company v. owe property fee aging review in internal documents and trial practice. For the temporary measure in this transitional period of people's court as property companies should seize the opportunity to break to take measures in litigation.

China's "general principles of civil law"Article 140th the limitation of action for litigation, a party demands or agrees to interrupt obligations. From the time of the interruption, the period of limitation of action re calculation. Property management companies to arrearage owners, one is to adopt the consensus approach, an agreement for the best; the two is unilateral notice form, but in order to approach the service to other sign, for the arrival of the notice, or there is evidence to prove that the notice issued to each other; three is a lawsuit to the people's court in a timely manner.

Case three, a court in favor of the plaintiff, defendant and the plaintiff that "for most of the period of limitation of action litigation request for more than a day, the defendant did not provide evidence to prove that the plaintiff was significantly delayed in exercising power, so the defendant argued that does not support the."

The verdict is the continuity of the property company property services, property company collection of objective facts, and the distribution of the burden of proof to the owner. This approach has the legal basis, in line with the actual situation at the present stage, has not the owners plan, the common interests of property management companies.

Property management companies and owners is the relationship between service and service, for the owners plan, impossible to two years aging litigation, litigation owners of property services, in the future, making it difficult to get, this is a very real problem. The owners pay property costs, not only is the property of the profits of enterprises, including the owners of public facilities maintenance, security, housekeeping service fees, such as property management enterprise cannot simply by the collection of arrears and judgment proof, property owners do not pay the fee, apparently also violated other interests of owners. Property management companies not collection of property charges, but the special relationship between services and is based on service, very difficult to achieve the collection, written materials owners confirm.

Analysis of the above three cases, the author is trying to transfer property enterprises should pay attention to the limitation of action plan, and take corresponding measures. Appeal to authority legislation and law enforcement, particularity of arrearage property litigation of burden of proof takes seriously, to provide legal safeguard for the construction harmonious community.

Beijing Jun to law firm

The lawyer; Wang Shuren

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