Does the property have the right to collect decoration deposit and decoration management fee?

When the owner is decorating, if the property company decides to collect the decoration deposit without authorization, it is unreasonable to allow the owner to enter the site for decoration after collecting the decoration deposit. However, if it is decided by the majority of the owners' meeting, or the property management contract signed by the property management company and your community industry committee contains that the owner can collect the decoration deposit, and it is reasonable to enter the venue for decoration after collecting the decoration deposit.

Property management companies belong to service enterprises and have an equal subject relationship with owners. Accept the entrustment of the owners, carry out professional management of the property in a specific area in accordance with the provisions of relevant laws and regulations or the provisions of the contract, and obtain corresponding remuneration. Property companies have no right to unilaterally decide the rules and regulations of property management.

Second, is the decoration deposit legal?

From the perspective of safeguarding public interests, the decoration deposit is reasonable, but reasonable does not mean legal, and illegal may hide many hidden dangers.

On the issue of house decoration, Article 53 of the Property Management Regulations clearly stipulates that: if the owner needs to decorate the house, he shall inform the property management enterprise in advance; The property management enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration.

This also shows that the law does not clearly stipulate the decoration deposit. Generally speaking, if the law does not clearly stipulate that it is still implemented, it can be considered as arbitrary charges, and the owners of arbitrary charges have the right to refuse. But in reality, some local laws and regulations clearly stipulate the relevant standards of decoration deposit, which also proves the rationality and legitimacy of decoration deposit from one level.

However, in the concrete implementation, the decoration party and the property should draw up a contract to clearly define all key nodes, such as the implementation content of the decoration project, the duration of the decoration project, the allowable construction time, the removal and treatment of waste, the installation requirements of residential facade facilities and security window, prohibited behaviors and precautions, management service fees, liability for breach of contract, deposit payment method, quota, deduction method, use method and so on.

Article 36: Property service enterprises shall collect property service deposits and security deposits in accordance with regulations, and it is strictly forbidden to collect fees in the form of deposits and security deposits.

The realty service enterprise shall not collect decoration deposit or security deposit from the owners and property users. If the realty service enterprise needs to charge for providing additional services other than basic services for the decoration activities of the owners and property users, it can report to the city, county-level city price department and the property management administrative department according to the actual cost, and implement it after the charging standard is approved.

"Property Management Regulations" Article 52 If the owner needs to decorate the house, he shall inform the property service enterprise in advance. The realty service enterprise shall inform the owners of the prohibited acts and matters needing attention in the house decoration.

To sum up, the right of the property is to ensure the safety of the owner, but also to collect the property management fee, and other fees cannot be collected. Therefore, when the owners and the property negotiate, they must handle the decoration well, avoid all kinds of disputes, and make their houses unable to be handled normally.