New provisions of the new property law on elevator charges

Charge according to the number of families: maximum per person per month 10 yuan; Charge according to the construction area: no more than 0 per square meter per month. 3 yuan 12 storey and above high-rise residential elevators: charging standard, government-guided price, multi-storey, small high-rise and non-residential elevators:

4。 The charging standard will continue to be adjusted by the market.

Old residential area without property management: an agreement can be signed to charge according to the standard agreed by both parties through consultation; Enterprise self-financing renovation of elevator residential buildings: an agreement can be signed to collect fees according to the standards agreed by both parties through consultation.

The elevator belongs to * * * facilities and equipment, so the property fee includes the daily operation, electricity fee, maintenance and other expenses of the elevator. The composition of property service cost or property service expenditure generally includes the following parts: 1, the 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.

Legal problems that should be paid attention to after housing occupancy

1。 The property management company is responsible for the elevator not running.

Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that if a property service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as stipulated in the property service contract or determined by laws, regulations and relevant industry norms, the people's court shall support it if the owner requests the property service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

2。 There is something wrong with the quality of the house, so there is no conflict in paying the property fee.

After the property company performs the property service as agreed in the contract, the owner shall fulfill the obligation to pay the property service fee as agreed in the contract. Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the property service enterprise's request to the owner to pay the property fee.

3。 If the lessee does not pay the property fee, the owner's responsibility cannot be lost.

A legally established contract is binding on the parties to the contract and may not harm the rights of a third party. The lease contract signed by the owner and the lessee can only stipulate the rights and obligations of both parties to the lease, and may not oppose or damage the rights of a third party through the contract. From the perspective of debt, the agreement between the owner and the lessee that the lessee should pay the property fee actually constitutes the transfer of debt. Transferring the original debt to the lessee is effective between the owner and the lessee. This debt transfer does not exempt the owner from paying the property fee without the consent of the creditor, that is, the property company.

4。 If the owner's property is stolen, each owner shall bear the responsibility according to the fault.

According to the property service contract, the property service company generally provides management or service assistance for public order, environmental sanitation, greening and other property management matters, and it provides public services for residential properties. Therefore, the property safety of the owner's house needs to be negotiated between the owner and the property company, and it is specially agreed in the property service contract. If there is no special agreement, consider whether the property service company is at fault in providing property services according to the actual situation, and the property service company shall bear corresponding liability for compensation according to the degree of fault.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Eleventh "measures for the administration of property service charges"

The composition of property service cost or property service expenditure generally includes the daily operation and maintenance expenses of the parts, facilities and equipment used by the property; 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.

Article 16 of the Measures for the Implementation of Property Inspection

The specific items of * * * used parts and * * used facilities and equipment of the property enjoyed by the owner according to law have been listed, and the elevator belongs to * * * used equipment.

Article 273 of the Civil Code

The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; You may not fail to perform your obligations on the grounds of giving up your rights.

Article 282 of the Civil Code

The income generated by the construction unit, the realty service enterprise or other managers from the owner shall be owned by the owner after deducting the reasonable cost.