New regulations on property fees

Legal analysis: 1. According to the latest "Property Management Regulations" in China, the property fees paid by the owners can only be charged according to the area registered in the owner's real estate license, and no additional service fees and other fees for public areas can be charged. Because these property fees paid by the owners themselves include the management and maintenance fees of public areas and public facilities, they can no longer be charged;

2. The advertising revenue of the community belongs to all the owners. According to the Property Law, the income distribution in the public area of the residential area belongs to all owners. For most owners, this income never seems to have anything to do with themselves. For the property, this income is their own extra money, which is earned by the property company through their own efforts;

On March 27th, the15th executive meeting passed the latest Beijing Property Management Regulations, in which Article 74 clearly stipulates that if the public sector engages in business activities, the public income shall be accounted for by all owners separately. If the maintenance fund is less than 30% of the funds raised in the first phase, half of the proceeds will supplement the maintenance fund.

3. Expenses not in conformity with the property contract If the property fails to perform the corresponding "services" and the contents agreed in the contract terms, the owner may also refuse to pay the property fee after providing relevant evidence and confirming with the relevant departments. Finally, there is another kind of "extra" cost, such as adding or modifying natural gas or other lines and building public facilities without informing the owner and reaching an agreement with the owner, and the owner does not have to bear the cost. ...

Legal basis: Civil Code of People's Republic of China (PRC).

Article 944 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.

Article 943 A realty service provider shall regularly disclose the owner's service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, and part of the operation and income in a reasonable way, and report to the owners' meeting and the owners' committee.

Article 942 A realty service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the realty service area, maintain the basic order of the realty service area, and take reasonable measures to protect the personal and property safety of the owners. Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.