Job Recruitment Website - Property management - Is it legal for the owners' autonomous committee to collect property fees?
Is it legal for the owners' autonomous committee to collect property fees?
The property fees paid by the owners themselves are legal, and the community industry Committee is not qualified to charge. The charging standard of property fees is generally guided by local government departments at or above the county level, and can also be discussed by community industry committees at all owners' meetings. According to the services provided by the hired property management company, the service fees paid by the owners are formulated, and then reported to the price department for examination and approval, and also to the housing management department for the record.
The necessity of owner autonomy:
1, owner autonomy is the basis of property management. The emergence of condominium ownership of buildings and the awakening of residents' sense of community autonomy have produced the current property management system. Ownership is an absolute right, which excludes the interference of non-owners in things. Neither the property management enterprise nor the government has the right to interfere with the owner's disposition of the house, but other owners have the right to interfere with the owner's disposition of the house for their own use, and such interference can only require the owner not to harm the interests of other owners. Therefore, only the owners have the final say when it comes to property management problems in some areas of * * * or some areas of * * *, and property management companies can only carry out service activities within the scope authorized by the owners. Therefore, the foundation of property management is owner autonomy;
2. Exercising the owner's autonomy and management right is of great significance for safeguarding the rights and interests of property owners and users and standardizing the property management in residential areas. Whether it is a property management enterprise or other parties, for their own interests, it is possible to act against the owners, which makes it of great significance to exercise the owners' self-management right to safeguard the rights and interests of property owners and users and standardize the property management in residential areas.
3. As a new industry, how to make property management develop healthily and orderly is directly related to managing the relationship between public owners. Strengthening the owner's awareness of self-protection is an important aspect that cannot be ignored. Only by strengthening the owner's self-protection consciousness can we force the property company to enhance transparency, strengthen the owner's cognition of the property company, establish a good relationship between the property company and the owner and promote the healthy development of the property industry.
To sum up, it is possible and legal for the owners' committee to exercise autonomy in the community, because the purpose of the owners' committee is to manage the community. Refers to the non-governmental organization composed of owners' representatives in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all sectors of society, and supervising the management and operation of property management companies. It has an independent legal personality and can exercise autonomy over the property of the community.
Legal basis:
Article 277 of the Civil Code of People's Republic of China (PRC)
Owners can set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations. The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.
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