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Should the property charging standard convene the owners' meeting?
There is no uniform provision for property charging standards, so you can refer to the agreement in the property service contract. Article 937 of the Civil Law is a property service contract in which the property service provider provides property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order to the owners within the property service area, and the owners pay property fees. Property service providers include property service enterprises and other managers. "Property Management Regulations" Article 40 Property service charges shall follow the principles of reasonableness, openness and adaptability of charges to service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract. Failure to pay property fees is a breach of contract. After the owner is sued, the court will make a judgment based on the evidence provided by the property. If the property is judged to be successful, the owner must pay the property fee. After the judgment comes into effect, if the owner refuses to perform the judgment voluntarily, the property has the right to request the court to enforce it. If the circumstances are serious, the owner may constitute a crime of refusing to execute the judgment or ruling. The collection standard of residential property fees shall be agreed by both parties in the written property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress. According to China's property management regulations, the owners' committee shall conclude a written property service contract with the property service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc. Property service charges should follow the principles of rationality, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall, according to the charging standards for realty service formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the realty service contract. In the community where the owners' congress has been established, the property service charges are subject to market adjustment, and the owners' congress and the property company negotiate their own charging standards; If the preliminary realty service contract expires but the owners' meeting is not established, it must be agreed by more than half of the owners, and the realty service enterprise and the owners shall re-agree within the published guidance price. During the performance of this contract, due to major changes in policy factors or service items and contents, the property service fee has undergone major changes. If it is necessary to adjust the charging standard, the realty service enterprise shall publicize the change of the realty service fee in a prominent position in the realty management area, and obtain the consent of the owners (double and half owners) who account for more than half of the total construction area and more than half of the total number.
Legal objectivity:
Article 7 of the Regulations on Property Management: Owners shall perform the following obligations in property management activities: (1) Abide by the management statute and the rules of procedure of the owners' meeting; (two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area; (three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress; (four) in accordance with the relevant provisions of the state to pay special maintenance funds; (five) to pay the property service fee on time; (six) other obligations stipulated by laws and regulations.
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