Job Recruitment Website - Property management - Under what circumstances can I not pay the property fee?
Under what circumstances can I not pay the property fee?
1, the house was not delivered due to the quality problem of the house;
2. The developer did not inform the owner to repossess the building;
3. The property company does not have the original approval document of the price management department;
4. The property management company has not signed a contract with the owner;
5. The property provides services not agreed in the contract or without the consent of the owner;
6. Poor quality of property services;
7. The property company raises the charging standard of property services without authorization;
8. Property companies charge extra.
Second, the concept of property fees:
1 refers to the fees charged by property owners and users for entrusting property management units to carry out daily maintenance, repair, renovation and other services related to residents' lives in residential areas, such as houses, public facilities, greening, sanitation, transportation, public security and environment.
2. The charging standard of property fees is divided into four levels.
(1) Level 1 charging standard:
1.00 Yuan/m2/month (including taxes)
(2) Secondary charging standard:
0.75 yuan/m2/month (including taxes)
(3) Three-level charging standard:
0.45 yuan/m2/month (including taxes)
(4) Four-level charging standard:
0.35 yuan/m2/month (including taxes)
Three. Composition of property fees:
The composition of property service cost or property service expenditure generally includes the following parts:
1, salary of management service personnel, social insurance and welfare expenses drawn according to regulations, etc. ;
2, the daily operation and maintenance costs of * * * parts of the property and * * * facilities and equipment;
3, property management area cleaning costs;
4, the property management area greening maintenance costs;
5, property management regional order maintenance costs;
6. Office expenses;
7. Depreciation of fixed assets of property management enterprises;
8. Part of the property, facilities, equipment and public liability insurance fees;
9. Other expenses agreed by the owner.
The cost of overhaul, medium repair, renewal and transformation of the parts and facilities used by the property shall be paid by special maintenance funds and shall not be included in the expenditure or cost of property services.
Four, Zhao Tan learned that the property fee:
1 In order to further standardize the behavior of charging for property services, improve the transparency of charging for property services, safeguard the legitimate rights and interests of owners and property management enterprises, and promote the healthy development of the property management industry, these Provisions are formulated in accordance with the Price Law of People's Republic of China (PRC), the Regulations on Property Management and the Provisions on Clearly Marking Goods and Services.
2, property management companies to provide services to the owners (including providing property services in accordance with the provisions of the property service contract and providing services other than those stipulated in the property service contract according to the entrustment of the owners), should be clearly marked in accordance with the provisions, indicating the service items, charging standards and other related information.
3. Property management companies shall clearly mark their prices, follow the principles of openness, fairness, honesty and credit, and abide by national price laws, regulations, rules and policies.
4. The competent price department of the government shall, jointly with the competent real estate department at the same level, manage the credit and fraud of the property service charges clearly marked. The competent pricing department of the government shall supervise and inspect the implementation of clearly marked price provisions by property management enterprises.
5. The property management enterprise shall clearly mark the price, the price is complete, the content is true, the sign is eye-catching and the handwriting is clear.
6. The clearly marked price of property service charges includes: the name of the property management enterprise, the charging object, service content, service standard, charging method, charging start time, charging items, charging standard, price management form, charging basis, price reporting telephone number 12358, etc.
Property service charges subject to government-guided prices shall indicate the benchmark charges, floating range and actual charges.
7. The property management company can clearly mark the price through bulletin boards, billboards, charge tables, charge lists, charge manuals, multimedia terminal inquiries, etc.
8. If a property management enterprise accepts the entrustment to collect water supply, power supply, gas supply, heating, communication, cable TV and other related fees, it shall also clearly mark the price in accordance with the relevant contents and methods in Articles 6 and 7 of these Provisions.
9. The service provided by the property management enterprise according to the property service contract entrusted by the owner shall be clearly indicated to the owner in an appropriate way after both parties agree.
10. When the clearly marked property service charging standard changes, the property management enterprise shall adjust the relevant contents one month before the implementation of the new standard, and indicate the implementation date of the new standard.
1 1. Property management enterprises shall not use false or misleading pricing contents and methods for price fraud. Don't charge any unspecified fees in addition to the list price.
12. If the property management enterprise does not clearly mark the price or uses the clearly marked price to commit price fraud, the competent price department of the government will punish it according to the Price Law of People's Republic of China (PRC), the Provisions on Administrative Penalties for Price Violations, the Provisions on Clearly Marking Goods and Services and the Provisions on Prohibiting Price Fraud.
Five, the relevant provisions of the property fee:
1. As stipulated in the preceding paragraph of the Civil Code, if the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept relevant property services. It is not directly related to whether the owner refuses to pay the property fee for justified reasons.
Legal basis:
Article 944 of the Civil Code of People's Republic of China (PRC), the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
"Property Management Regulations" Article 7 Owners shall perform the following obligations in property management activities:
(a) abide by the management regulations and the rules of procedure of the owners' congress;
(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.
"Regulations on Property Management" Article 35 A property service enterprise shall provide corresponding services in accordance with the provisions of the property service contract.
The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
- Related articles
- How about Shenzhen Hengtaiyu Property Service Co., Ltd.?
- What is the telephone number of luoyang country garden Jindi Shangjia Guantang Marketing Center?
- Which period does Renshan Zhishui g 1 belong to?
- What does the white list management of villages in cities mean?
- Is it near Tangshan to Xi 'an via Taiyuan or Zhengzhou? thank you Drive!
- Is there a pre-sale permit for Changzhou Puliwan Phase II?
- What is the telephone number of Motianling Sales Department in Wushan County, Chongqing?
- Is there a waste of space in the apartment design of Huizhou Shanshui Huafu, and is the management of public areas perfect?
- Recruitment principles of some directly affiliated institutions in Huaihua City, Hunan Province in 2023
- 20 18 will the house in yangfen port in Bazhou rise?