The property has not been collected.

Recently, some users shared their experiences. Due to some situations in my family, I need to coordinate with the property. After that, the owner asked the property for help many times, and as a result, the property was shirked every time. The first time it was said that it was a developer's problem, the second time it was a neighborhood Committee's problem, and the third time it was said that it was the scope of urban construction management. But after two years of tossing, I finally found that no matter which side I started from, I finally needed the property to coordinate.

Because the property has been collecting money for a long time, the owners began to choose to refuse to pay the property fee. The owner told the property that the suite was vacant for a long time and did not enjoy all kinds of services provided by the property, but the property fee was paid normally in the past. Looking for a property to solve the problem now is to push from pillar to post. Unless the property is willing to come forward to solve the problem and make up all the property fees owed before, there is no room for discussion. After many unsuccessful negotiations, the person in charge of the property confidently said: "According to the relevant provisions of the property contract, the owner must pay all the property fees. It doesn't matter if I don't serve. The key is that you have to pay the property fee. "

The word "property" first appeared in the west, and then was introduced into Chinese mainland from Hongkong. Statistics show that by the end of 20 19, China's urban population has reached 848 million, accounting for about 60% of the total population. In other words, most of us have to deal with property every day, such as the entrance and exit of the community, parking lot, personal and property safety, environmental sanitation of the community and so on. It is reported that property has become a sunrise industry, which is not only related to the employment of millions of people, but also related to the happiness index of hundreds of millions of people.

However, in recent years, the contradiction between property and owners has never stopped. The property thinks that the service it provides according to the charging standard is very good, while most owners think that the speed and ability of property to solve problems are very general. Property charges are high, but it can't provide high-quality services. Such a vicious circle, many owners even proposed to cancel the property. Property and owners, these two groups are so closely linked, why is there such a big contradiction? At present, there are four main problems in property management:

1. The charging standard is opaque and arbitrary. Because there is no uniform charging standard, some properties will charge slightly higher fees.

2. The public area of the owner is used for profit. Many residential properties rent public areas to foreign vehicles without the consent of the owners, and charge parking fees. The charging standards are not public.

3. Make unreasonable terms, from "follower" to "manager". In the process of signing the property contract, some properties will make unreasonable terms. Once the owner ignores these terms when signing the contract, only himself will suffer in the future.

In recent years, the voice of "canceling real estate" is getting higher and higher, but there is still no clear answer. Some people think that the property should be completely cancelled. Each community pays a certain management fee to the local community, and the daily infrastructure and health management of the community are centrally managed by the community; Some people think that the enthusiasm of the owners can be fully mobilized and the owners can manage themselves.

But there are also many people who oppose it. They believe that real estate is a companion of the new era and has a complementary relationship with the urbanization process. Owners can't live without property. If a community loses its property, the daily life of the owners will also be affected. In the seventh issue of 2020, the official Xinhua News Agency reprinted the article "Property should not become a powder keg in the city" for half a month, expressing its own concern and 30-word view: "Property still has its value and necessity before finding a better alternative service mode".

When the new regulations hit, the good days of the property came to an end.

The owner has the right to "replace" the property.

The Civil Code, which came into effect this year, clearly stipulates that owners can manage buildings and their ancillary facilities by themselves, or they can entrust property service enterprises or other managers to manage them. Owners have the right to change the property contracted by the construction unit or other managers according to law. This is decided by the owner * * *. Only two-thirds of the owners * * * participate in the voting, and the number of people who agree exceeds 50% can be cancelled.

Owners are entitled to additional income.

According to the new property management regulations issued by Shenzhen, Beijing, Shandong and other provinces in 2020, it is pointed out that "the income of the public area of the community belongs to all owners." Although only the above-mentioned cities have clearly put forward this point, according to Article 45 of the General Provisions of Property Regulations, the management right and income right of the public area of the community belong to all owners. The revenue activities of public * * * areas and public * * * facilities must be approved by the owners' meeting. The public * * * area is owned by the owner, who decides to use it.

For the owners, there is no need to worry too much about the future property management standards. With the introduction of a series of new laws and regulations, the management of property-related services will become more and more strict in the future.

Then back to the question that many people care about: should vacant houses charge property fees? Shouldn't you pay the property fee if you don't sign the property contract? At present, only vacant houses stipulated in Article 37 of the Regulations pay 20% of the property fee, and there are no other standards for the time being.

The Civil Code also clearly stipulates that. Chen Weitong, assistant to the third-level prosecutor of the Sixth Procuratorate of the Supreme People's Procuratorate, said that Article 944 of the Civil Code stipulates that if a property service provider provides 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. "However, this does not mean that the property company can collect property fees without restraint. Article 944 of the Civil Code prohibits the collection of property fees, and property service providers may not collect property fees by stopping power supply, water supply, heat supply and gas supply. " Chen Wei said.

Why do vacant houses also need to pay property fees?

Actually, it's easy to understand. Generally speaking, only multi-suite owners will support vacant houses without property fees. Most of these people are real estate speculators, and only a few are houses prepared by parents for their children in the future. Feng Lun, a famous real estate expert, once said that for speculators, the price increase needs to be above 9% to make a profit, and 9% includes the interest rate of non-first mortgage, the depreciation rate of houses and the expenditure cost.

As an important part of "expenditure cost", under the constant regulation of the property market, the trend of house prices has been shrinking in recent years, while the overall house price increase in 2020 is only 9.3%. According to this declining trend, the increase this year and next is likely to be less than 9%.

Therefore, for real estate speculators, then for speculators, if vacant property fees can be exempted, a lot of money can be saved. Suppose a speculative tenant owns five suites with a total area of 800 square meters, and the house price is calculated by 2.5 yuan/square meter, then the annual expenditure cost will reach 24,000 yuan, and the effect of this expenditure will be more prominent in the process of stabilizing the house price.

Obviously, the formulation of the civil code has also played a key role in regulating the real estate market and curbing real estate speculation. However, some families can't decorate for economic reasons, so the best way is to be able to distinguish between real "just-needed" and "real estate speculators", such as holding more than two sets of vacant houses for property fee collection. How to treat whether vacant houses charge property management fees?