Does the property have the right to collect late fees from the owners?

The property fee is the fee we need to pay when we live in the community. Will there be a late fee for the owner to default on the property fee? Is it legal to collect this late fee? Next, Bian Xiao sorted out some knowledge about the property owners' default on property fees and the property's right to collect late fees. Welcome to read! If the property management fee is late, a late fee will be charged. 19, John Wan Sunshine Coast, Dongguan, was "overcharged". Sunshine Coast Property confirmed that the late payment fee was collected from February 20 14 to June 20 14, and took out the owners' convention and said, "The fee is based on the contract." Reporters visited John Wan, Cheng Nan, Changping, Dongcheng and other towns and streets in Dongguan. Most property management departments indicated that late payment of property management fees required a late payment fee of one thousandth or five thousandths of the arrears. In this regard, the Dongguan Development and Reform Bureau responded that it should be implemented in accordance with the provisions of the property service contract or the owners' convention. The owner was dissatisfied with the late payment fee 19 days, and the owner of Sunshine Coast in John Wan, Dongguan exploded, because from 20 14 to 12, if the property management was not paid in time, the late payment fee would be charged. Many owners believe that property management fees are late or late. "Property management can be solved through court prosecution, and collecting late fees is arbitrary charges." The reporter then learned from John Wan Jindi Bund No.8, Cheng Nanhua Kaihaoting and Wanjiangbin Garden that only Hua Kai Haoting Property said that it would not charge for the time being. The other two communities said that late payment of property management fees required late fees. "Five ten thousandths of the amount owed is charged every day." After understanding, a property manager at No.8 Jindi Bund said that the management fee was not paid in the current month, and the late payment fee was generally collected from June 5438+ next month 10. "Many people have paid late fees." On the same day, on the online political platform in Dongguan, the reporter saw many such complaints. Owners of residential quarters such as Hanlin Yayuan, Zijing Garden, Dong Jun Haoyuan, Cheng Nan, and Qishan Oasis, Fengtai, Dongcheng reported that overdue property management fees would be subject to late fees. According to the property management, the charges are based on the contract. "We have a contractual basis for collecting late fees." The above-mentioned property manager of John Wan Sunshine Coast said that there was an agreement in the management part of Chapter V of the Sunshine Coast Owners Convention (hereinafter referred to as the Convention) signed by the owners when they took over the building. According to Article 5 of Chapter V "Payment of Management and Other Expenses" of the Convention, if any owner fails to pay the payable amount on the date stipulated in the Convention, the manager has the right to take the following measures to collect liquidated damages and other expenses, including "collecting liquidated damages from the due date to the actual payment date, and the daily liquidated damages are one thousandth (65,438+0%) of the unpaid amount. )"。 The above-mentioned owner said that the property had also issued a notice before, and the property management fee was charged from February 20 14 to February 20 14, that is, the property management fee of the current month should be paid before June 15, otherwise it would be regarded as a late fee. Of course, "because some owners don't know or can't accept it at present, they will start collecting late fees from last month at the end of the month." Moreover, the person also said that when paying the fee, the owner should pay the late fee first and then pay the property management fee. "Otherwise the bill can't be typed, and the property management fee can't be paid. If the owner has not paid the late payment fee, it will be accumulated day by day. " Property enterprises have the right to recourse. Article 67 of the revised Property Management Regulations clearly states: "You can bring a lawsuit to the people's court." This is understood by many owners as "the property management company has no right to collect the owner's late payment fee without authorization". The Development and Reform Bureau believes that according to the relevant regulations, the "late payment fee" reflected by the owners has not been included in the management scope of the price department. Regarding the collection of "late fees", the Municipal Development and Reform Bureau said: "If there is an agreement in the property service contract or the owners' convention, it shall be implemented in accordance with the relevant agreed terms; If there is any objection to the relevant provisions, it is suggested to solve it through legal channels in accordance with the relevant provisions of the Contract Law. "The lawyer said,; Collecting late fees is also a fair treatment for owners who have paid property management fees. " Judging from the existing judicial precedents, the court supports the property management to collect liquidated damages (late fees) according to the contract. "* * The lawyer of Zhuoxin (Dongguan) Law Firm said that according to the contract law, property companies have the right to make corresponding recourse.