Can't the community collect property fees without setting up an owners' committee?

If you have pre-property, and have provided services according to the temporary owners' convention, you can collect it.

Measures for the implementation of property charge management

Article 1 In order to regulate the charging behavior of property management services in this Municipality and safeguard the legitimate rights and interests of the parties, these Measures are formulated in accordance with the relevant provisions of the Price Law of People's Republic of China (PRC), the Regulations on Property Management in Jiangsu Province, the Interim Measures for the Charging of Property Management Services in Urban Residential Areas, the Measures for the Administration of Property Charges in Jiangsu Province and the Measures for the Administration of Property in Nanjing.

Article 2 These Measures shall apply to the charging behavior of property management enterprises registered by the administrative department for industry and commerce and qualified by the administrative department for property management within the administrative area of this Municipality for providing services for various property management.

Article 3 The term "property management service fee" as mentioned in these Measures refers to the fees charged by property management enterprises for daily maintenance, management, repair, renovation and other related services of various houses and their facilities, public greening, sanitation, transportation, public security and environmental appearance according to the contracts (agreements) signed with the owners and users.

Article 4 Nanjing Municipal Price Bureau is the competent department of property management service charges in this Municipality, and is responsible for formulating the management measures, grade standards and relevant policies and regulations of property management service charges in this Municipality; The competent price departments of all districts and counties shall be responsible for implementing the relevant policies of property management in our city and managing the charging behavior of property management enterprises within their respective jurisdictions.

Article 5 Property management service fees include public service fees, agency service fees and special service fees. Property management service charges should be based on different property types and the nature of charges, respectively, the implementation of government-guided prices and market-regulated prices.

Public service charges for ordinary houses and special service charges such as parking management are subject to government-guided prices.

Public service charges for residential and non-residential properties other than ordinary residential houses shall be subject to market-regulated prices.

Collect agency service fees and special service fees, and implement market-adjusted prices.

Sixth property management service charges should follow the principles of rationality, openness, fairness and adaptability to service content and quality.

Government-guided property management service charges should be based on the principle of being conducive to property management value compensation, promoting the scale operation of property management enterprises and strengthening management, based on reasonable property management costs, and according to the hardware facilities of the property, the service content and quality level of providing property management, a graded fee management system should be implemented. Specific implementation measures shall be formulated separately.

If the owners' committee is not established, the standard of property management service fee for ordinary residential prophase shall be approved by the competent price department; The charging standard for ordinary residential property management services for which the owners' committee has been established shall be put forward by the property management enterprise within the government guidance price at the corresponding level, and shall be implemented after the owners' committee signs a contract with the property management enterprise.

Article 7 The cost composition of public service fees for property management includes the following parts:

1, salary of management and service personnel and welfare expenses, endowment insurance, medical insurance and other expenses extracted according to regulations; 2. Daily maintenance fees for public parts of houses and public facilities and equipment; 3. Cleaning and sanitation costs; 4. Greening management fee; 5. Security fees; 6. Office expenses of property management enterprises; 7. Depreciation expense of fixed assets of property management enterprises; 8. Statutory taxes and fees; 9. Reasonable profit.

Items 2 to 6 of this article refer to material consumption compensation and other expenses except wages and welfare expenses.

Eighth owners and users should pay the property management service fee according to the agreement of the property management contract (agreement) from the date of handling the check-in or use procedures. If the owner rents out the property or gives it to others for use in other ways, the property management service fee can be paid by the owner or the user, but the owner will ultimately bear joint and several liability for repayment.

The charging area of public service fee for property management is calculated based on the construction area registered in the property right certificate, and public service fee is not charged for attached houses not included in the property right area.

Ninth unsold and unused managed vacant property, the construction unit and the property management enterprise shall agree to pay the vacant property management fee. If there is no agreement or the agreement is unclear, the construction unit shall pay 50% of the property management service fee standard.

For the vacant property that the owner does not move in for a long time (more than six months) after moving in and the vacant property that is not used for a long time (more than six months) after moving in, the owner should explain in writing in advance and file with the property management company, and pay the vacant property management fee according to 50% of the stipulated (agreed) service fee standard.

Article 10 Closed garages and special-purpose car parking lots (parking spaces) that meet the planning requirements within the property management area may be charged with parking management service fees with the approval of the competent price department, and the specific charging standards shall be approved by the competent price departments at all levels within the prescribed scope. On the premise of ensuring the owner's parking, temporary parking areas can be set up in conditional residential areas. Special vehicles such as official business, emergency repair and ambulance entering the community, and the owner's moving car, delivery car and vehicles temporarily parked within 1 hour are not charged, and vehicles temporarily parked above 1 hour are charged according to the prescribed charging standard.

Article 11 The operating electricity charges of public facilities such as elevators, pumps, central air conditioners and other public facilities such as public lighting shall be included in the collection and payment fees, which shall be accounted for separately by the property management enterprises and shared openly and reasonably according to the actual expenses and agreed methods. Unless otherwise stipulated by the competent price department, the specific allocation method shall be determined by the owners or the owners' committee through consultation with the property management enterprise. Water for greening, electricity for monitoring facilities, and water and electricity expenses for office use of property management enterprises shall not be shared with the owners. The allocation method of public electricity fee for residential property can be determined according to the following principles: public lighting electricity fee is allocated by households; The electricity fee of the secondary pressurized water supply pump is shared according to the water consumption; The elevator electricity fee can be shared by area, households, permanent residents or monthly tickets. Except with the consent of the owners' committee, the elevator fee shall not be charged with zero tickets.

Twelfth property management companies to collect and remit water, electricity, gas and other expenses shall be implemented in accordance with the prices prescribed by the state, and shall not raise prices on their own under any pretext. Power supply, water supply, city appearance, municipal administration and other departments entrust the property management enterprises to collect fees, which must be the charging items approved by the competent price department, implement the prescribed charging standards, and pay agency fees to the property management enterprises that undertake agency business, and the agency fees shall be agreed by both parties.

Thirteenth central heating property in accordance with the principle of "balance of payments", the property management companies charge fees. With the consent of the owners or the owners' committee, after the heating period, the income and expenditure shall be announced to the owners. If there is any balance, it shall be carried forward to the next heating period and shall not be used for other purposes.

Article 14 After deducting the corresponding costs and expenses, the property management enterprise shall use 30% of the income to subsidize the property management service fee, and 70% of the income shall be included in the property maintenance fund, unless otherwise agreed in the contract.

Fifteenth owners and users of renovated houses should sign a decoration management agreement with the property management company before moving in or decorating, and pay the house decoration deposit according to the prescribed standards. If the house decoration structure has been approved according to the relevant regulations, the decoration deposit will not be charged or refunded in full. After the completion of the house decoration, if there is no violation of the decoration management agreement after inspection, the property management enterprise shall refund the decoration deposit in full within three months; If it is found that the decoration violates the agreement, the property management enterprise shall deduct the decoration deposit in accordance with the agreement, and at the same time require it to make rectification within a time limit, and report to the relevant competent department, and the deducted decoration deposit shall be included in the property maintenance fund.

The decoration garbage generated by the owners and users who decorate their houses shall be removed by the property management enterprise, and the transportation fee for decoration garbage may be charged according to the regulations.

Sixteenth property management service charges should be clearly marked, using the price list supervised by the competent price department. The price list shall be publicized at the entrance of the management area or in a conspicuous position of the charging place.

Property management enterprises shall announce the income and expenditure of property management service fees, operating facilities income, public utility fees and property maintenance funds to owners and users in written form every six months, and accept the supervision and inquiry of owners' committees, owners, users and price departments.

Seventeenth property management companies should sign a property management service contract or agreement with the owners' committee or the owners and users, and clarify the relevant service content, charging items and charging standards. The agreement on fees in the contract or agreement shall comply with the relevant provisions on price management.

Article 18 Without the consent of the owners and users, the property management enterprise shall not collect the property management service fee for more than six months in advance at one time, nor shall it collect the deposit, security deposit and other fees for long-term occupation (more than one year) from the owners and users without authorization.

Nineteenth property management companies have been entrusted to implement management and charge public service fees accordingly, and other departments and units shall not charge fees with the same nature and content repeatedly.

Without the approval of the competent price department, no department may charge fees to the property management enterprise. For the approved charging items, the charging unit shall produce the charging license and the toll collector's card, and charge according to the prescribed standards. In violation of the relevant provisions to collect fees, property management companies have the right to refuse to pay.

Article 20 The owners' committee established according to law may, according to the articles of association and the property management contract, supervise the fees and revenues and expenditures of the property management enterprise, deliberate and decide the property management fees, the annual use plan of the maintenance fund, the main expenses and the allocation method of public facilities, and urge the owners and users to fulfill the service contract (agreement) and pay the relevant fees on time.

Twenty-first city and county price departments shall listen to the opinions of owners, users and property management companies when formulating or adjusting the city's (county-wide) guidance price for ordinary residential property management services.

Twenty-second in violation of these measures and other price laws and regulations, the owners and users have the right to report, and the competent price department shall investigate and deal with them according to law.

Twenty-third counties and Jiangning, Pukou, Liuhe District can be based on these measures and combined with the local actual situation, formulate specific implementation measures for the region.

Twenty-fourth approach by the Nanjing Municipal Price Bureau is responsible for the interpretation of.

These Measures shall be implemented as of June, 2002 1 day. 1999 12 13 The Measures for the Administration of Property Management Services in Nanjing issued by Nanjing Municipal Price Bureau and Nanjing Real Estate Administration Bureau shall be abolished at the same time.