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在房地产开发项目竣工以后,在第一次业主大会召开并选聘物业服务企业之前的阶段,则会产生前期物业费交纳主体的疑难问题。我国《物业管理条例》没有对此作出充分、全面的规定。应当以合同相对性原理和民法上的意思自治原则对物业费的交纳主体进行确定。对于尚未出售或已经出售但业主尚未办理入住手续的房屋物业费,有约定的依约定,无约定的由房地产开发商交纳。对于已经出售并办理入住手续但第一次业主大会尚未召开的房屋物业服务费,原则上仍由房地产开发商交纳,即使合同约定由已办理入住手续的业主承担前期物业费的,这一约定并不当然生效,而必须在房地产开发商与业主的房屋买卖合同当中予以列明,并经业主签署同意才能产生法律拘束力。
After the completion of the real estate development project, the stage before the first owners’ meeting is held and the real estate service enterprises are selected and employed, the difficult problems of paying the main part of the property expenses will arise. China’s “Property Management Ordinance” did not make full and comprehensive provisions. The principle of contract relativity and autonomy of civil law should be used to determine the subject of the payment of property fees. For not yet sold or has been sold but the owner has not yet checked in the housing costs, agreed by agreement, agreed by the real estate developers to pay. For the sale and check-in but the first owners conference has not yet held a property service fee, in principle, is still paid by the real estate developers, even if the contract stipulates that the owners have to check-in procedures to bear the previous property costs, and the agreement Take effect ineligible, but must be listed in the real estate developer and the owner of the contract for the sale of the house, and the owner signed the consent in order to have legal binding.