When decorating the facade room, it was only leveled, and there was no garbage. The property has a deposit and a garbage disposal fee. Should I hand it in? Seek the support of relevant people.

First, the relevant decoration deposit

What is the significance of the decoration deposit? It is equivalent to a deposit. When there is a problem with the decoration of the decoration company or the decoration team, the management office can deduct the deposit. Legally speaking, this is a punishment.

But we can easily see many problems.

First, a property management company is an enterprise engaged in property management, and its major is not construction or decoration. Obviously, the property management company, as a layman of decoration, is not qualified to identify or rule whether the decoration behavior of a decoration enterprise conforms to laws and regulations. We can't think that a property management company has the right of adjudication just because it has so many engineers.

On the other hand, property management companies are enterprises, and People's Republic of China (PRC) laws never stipulate that enterprises have the right to enforce the law. Even if the property management company discovers the irregularities in the decoration, it has no right to punish. Just as a property management company finds a thief in a community, the property management company can only hand it over to the public security organ for handling, but can't punish the thief.

Property management companies also have no "sentencing power". How much should I be punished for violating the decoration rules? This "sentencing power" is not owned by an enterprise, but belongs to the state administrative organs and courts.

China's supreme decree on residential decoration is 1 10: Measures for the Administration of Residential Interior Decoration issued by the Ministry of Construction in 2005, which stipulates: "Article 17 The property management unit shall carry out management according to the residential interior decoration management service agreement, and find that the decorator or decoration enterprise has the acts listed in Article 5 of these measures, or has implemented the acts listed in Article 6 of these measures without the approval of the relevant departments, or violates these measures. It is clearly stipulated in the regulations that if a property company finds any violation of laws and regulations during the renovation, it can only report it to the relevant departments, and the administrative department of urban construction will handle it according to law.

Second, the decoration management fee

Decoration management fee is the management fee charged by the property management company for decoration behavior. So, is this decoration management fee legal? The first thing we need to make clear is whether the decoration is an internal matter of property management or an external matter of property management. If it is the responsibility of property management, it should be included in the property management fee, but if it is not the agreed service content of property management, it is reasonable to charge the fee as an additional service provided to the owner.

Article 2 of the Regulations on Property Management (Order No.379 of the State Council of the People's Republic of China) stipulates that property management refers to the activity that the owner selects a property management enterprise, and the owner and the property management enterprise repair, maintain and manage the house, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas. Article 44 stipulates that a property management enterprise may provide services beyond those stipulated in the property service contract upon the entrustment of the owner, and the service remuneration shall be agreed by both parties.

With the relevant legal provisions, it is much easier to analyze the problem. Whether to collect decoration management fees depends on whether the property management company and the owners' committee have signed the property service contract (or the "Early Property Service Contract" signed by the construction unit) already included the agreement on decoration management behavior. If so, it is obviously unreasonable to charge the decoration management fee, because the owner has already paid the management fee. If not, it is simply considered as extra service outside the contract, so it should be chargeable. As an additional service, according to Article 44, the collection standard of decoration management fee should also be agreed by both parties. Not how much the property management company said it would charge. Due to various factors, the two sides failed to reach an agreement. If a property management company collects decoration management fees, it shall also obtain the approval documents from the price administrative department according to law, rather than being stipulated by any administrative department.

Three. Validity of local regulations

For some cities to formulate their own laws and regulations to stipulate related expenses, according to the principle that the subsidiary law of the law must not conflict with the parent law, whether the relevant provisions of local laws are effective or not is debatable. Moreover, it is even more debatable whether the decoration deposit of several hundred yuan or one thousand yuan is enough to bear the consequences of demolishing the load-bearing wall and destroying the ancillary facilities. In order to be afraid of decoration problems, the decoration deposit is collected. Then, in order to prevent crime, why not levy a national crime prevention deposit?

The popular practice of "escrow by penalty" in China deserves the attention of higher authorities. Of course, we are also glad to see that some cities in China have corrected the relevant practices in time. Shanghai, for example, is doing better. Shanghai Municipal Price Bureau (document 165 of 1997) explicitly prohibited property management companies from collecting decoration deposit as early as 1 July, 9971day.