On the collection of decoration management fee

At present, it is still effective, because Shenzhen has not yet issued a new decoration management document, so it can also charge decoration fees according to this document. Minutes of Meeting of Shenzhen Housing Bureau

The Story of the Gods [1998] 123

Summary of the seminar on some problems of property management in our city

165438+1On 5-6 October, our bureau held a seminar on marginal issues of property management policies. Participants included leaders of the Municipal Housing Authority and the Property Management Association, all staff of the Property Supervision Department, heads of the Property Management Department of each district's construction (Housing Authority) and some property management companies, and made clear and explained issues related to property management policies. The summary is as follows:

I. Issues related to property management fees

(a) the way to collect property management service fees. In principle, the property management service fee is charged on a monthly or quarterly basis. Under the premise of the owner's willingness, the management service fee can be collected in advance for half a year or one year.

(two) the collection standard of management service fees after the housing reform of fund-raising houses and commercial houses. No matter what kind of housing, it is charged according to the unified standard of the community; The nature of residential areas is determined by the district and municipal administrative departments of housing.

(3) The time for collecting the management fees of unsold vacant houses shall be collected from the date of implementation of the Regulations. After the promulgation of the "Regulations", the completed properties will be collected from the date of occupancy, and the occupancy date will be calculated by stages.

(four) on the issue of collecting the decoration deposit. Before the new decoration management regulations are issued, the decoration deposit standard is temporarily implemented according to the document 20051February 15. [1992] 102 provisions of the notice on printing and distributing. Decoration deposit is an effective means of supervision for decoration management. It is suggested that different deposit standards should be charged according to different property types in the new regulations to make it more scientific and operable:

1. The standard of residential decoration deposit is 20 yuan/m2, which will be refunded after three months from the date of acceptance;

2. The standard of decoration deposit for office property (including industrial workshop) is 40 yuan/m2, which will be refunded after half a year from the date of acceptance;

3. The standard of deposit for commercial property renovation is 50 yuan/m2, and the deposit will be refunded after half a year from the date of acceptance.

(5) On the issue of collecting the deposit for utilities. The deposit of water and electricity charges that have been read to the household should be refunded, and the owners who have not read the meter to the household still need to pay the deposit of water and electricity charges. It is suggested that it should be made clear in the upcoming charging standard of property management fees that different standard deposits can be charged at one time according to different property types:

1, and the residential water and electricity fee shall be paid in 5 yuan /m2;

2. Office and commercial properties are charged at 15 yuan/m2;

3. Industrial buildings are charged at 10 yuan /m2.

(six) the maintenance fund of the house itself.

1, ontology maintenance fund from 1994+065438+ 10/since the implementation of the regulations, according to the regulations, the collection standard is from 1 998+65438+1 0. The part that has been collected before this can be reduced to the date of implementation of the regulations (if the warranty period expires after the implementation of the regulations, the date of expiration of the warranty period shall prevail); If the original charging standard is higher than the standard stipulated in document 19991February 15. 136, with the consent of the owners' committee, the original standard can be maintained, but it must be managed and used according to regulations.

2. On the collection of property maintenance funds for single-property buildings. In principle, all owners are required to pay the ontology maintenance fund. For the single building property with a single property right in the management area, it may be allowed not to pay after consultation, but when the overall appearance is affected, the property owner must make a written commitment to invest in rectification according to the requirements of the management unit.

3. At present, the maintenance fund of the house itself still needs to pay business tax according to the requirements of the municipal tax department. According to the provisions of the Ministry of Finance [1998] No.7 document, it has been made clear that the ontology maintenance fund is an escrow fund, and we can continue to negotiate with the municipal tax department on this issue.

(7) Whether the residents on the first floor of high-rise residential buildings should bear the elevator operation fee. According to the current laws and policies, and referring to international practice, the elevator operation fee is borne by all owners, and no distinction is made for the time being. Because the property management service is a comprehensive service provided to all owners, and the management service fee charged is also a comprehensive fee, it is impossible and unnecessary to make a quantitative distinction according to the service items enjoyed by each owner at any time.

(VIII) Losses and expenses of management office caused by unreasonable division of commercial and civil water and electricity in high-rise buildings can be shared according to the Rules of Shenzhen Owners' Management Committee (Trial), but the property management unit should take the initiative to urge developers and actively take the lead in coordinating relevant departments to realize reasonable division and pricing as soon as possible.

(9) About some irregular property management fees. Our bureau will jointly issue a document with the Municipal Price Bureau to clearly standardize the management service fee and related property management fees other than the maintenance fund, including the cleaning fee for decoration garbage, the painting fee for corridor, the extra elevator fee and the anti-theft net, mailbox and intercom door uniformly installed by the management office; Fees for check-in materials are not allowed, but management fees can be charged.

(ten) whether the management service fee of welfare housing and micro-profit housing built by the district government can be exempted from tax. 1August 997 16 73 The minutes of the executive meeting of the municipal government have made it clear that the business tax will be levied first and then refunded for the management service fees of municipal welfare homes and micro-profit houses. The district building (neighborhood) bureaus shall, in accordance with the spirit of the executive meeting of the municipal government, negotiate with the district governments and strive for the district finance to be solved in the same way.

Two, the handling of all kinds of illegal acts in property management:

(1) There are three ways to deal with the refusal of individual households to pay management fees:

1. Persuade, urge and communicate through consultation;

2, according to the provisions of the signed "owners' convention" water and electricity;

3. Bring a lawsuit to the court or apply for arbitration (arbitration agreement is required, that is, sign the owners' convention according to the model text).

(2) Handling of decoration management problems:

The problem of demolishing the wall in length. Brick-concrete structure is not allowed to hit the wall; The frame structure can be determined according to the actual situation. If it is not a load-bearing wall or an earthquake-resistant wall and does not affect the pipeline, the property management unit can check it from a technical point of view.

2. The balcony is closed. According to the original decoration management regulations, the front (main) balcony cannot be sealed.

3. The penalty measures for illegal decoration shall be implemented in accordance with the original Decoration Management Regulations before the revision of the Decoration Management Regulations, mainly including the following measures:

(1) ordered to stop work;

(2) Ordering restitution;

(3) detaining or confiscating tools;

(4) water supply and power failure;

(5) Ordering compensation for economic losses (public management interests);

Because the enterprise has no administrative punishment right, it can be fined in the form of liquidated damages in accordance with the signed owners' convention, and the confiscated money is used as management fee income to establish accounts.

(3) Operation pollution (including noise) in property management can be treated by the following measures:

1, advised according to relevant laws and regulations;

2. According to the signed owners' convention;

3, report to the environmental protection department for processing.

(4) Handling disputes between owners. The property management unit has the responsibility of mediation. If mediation fails, the owner can bring a lawsuit to the court on his own. Owners do not cooperate with the maintenance of housing ontology and adjacent parts, the property management unit can take the following three ways:

1, published in the community;

2, according to the signed "owners' convention" to take measures to stop water and power;

3, according to the "Regulations" and "rules" for compulsory maintenance;

4. sue.

(5) Whether the enterprise can punish before the establishment of the supervision brigade. Property management units can deal with illegal acts in the form of liquidated damages in accordance with the provisions of the signed owners' convention, and the liquidated damages collected will be included in the property public income account. The owners' convention must be signed in accordance with the prescribed model text and combined with the actual situation of each community (building, industrial zone).

Three, on the definition and use of property rights of public parts and supporting facilities:

(a) on the definition of property rights of various types of residential overhead floors and whether they can be transformed and used. The definition of property rights of various types of residential overhead floors shall be subject to the property rights list issued by the developer. The overhead property rights of welfare houses and micro-profit houses do not belong to all owners, and can be transformed and used with the approval of the planning and land department; The overhead floor of the commercial housing residential area not listed in the list issued by the developer belongs to all the owners, and can only be transformed and used after the consent of the owners' management Committee and the approval of the planning and land department.

(two) the mechanical and electrical facilities in high-rise buildings belong to all owners.

(3) The definition of the right to use the roof and the responsibility of management and maintenance. If the roof is sold by the developer to an individual, the maintenance responsibility shall be borne by the property owner. However, the construction and use of the roof garden should be strictly controlled by the property management unit according to the examination and approval opinions of the planning and land department and the property management policy, and only the garden can be managed according to the requirements of unity and beauty. It is forbidden to build all kinds of houses and buildings with roofs, and all those who disobey management in violation of regulations will be forcibly removed; Poor management of the management unit as a scoring factor; If the illegal building persists in rectification, it can apply to the relevant law enforcement departments for compulsory demolition, and the cost of demolition and reconstruction shall be borne by the responsible person: the owners of floors that are not used by all floors shall share half of the maintenance cost, and the rest shall be paid from the ontology maintenance fund, but they shall not be arbitrarily built; According to the original planning and design, the impassable and passable surfaces belong to all owners of the building, and are managed and maintained by the property management company in a unified way, and the maintenance costs are paid from the ontology maintenance fund.

(4) Whether the parking lot can be sold. Developers in the transfer of management, must be based on the "rules" to provide the corresponding property ownership list, clear the property rights of public facilities such as parking lots. Public facilities are managed by the property management unit and are not allowed to be sold. Income is included in management fees, which are used for labor costs and maintenance costs. The developer has sold the parking spaces to individuals. As a property, the owners still have to pay the management service fee, but the standard is slightly lower. It is suggested to collect the management fees according to the average price standard of each community. The property rights of public facilities in government welfare and micro-profit housing residential areas belong to the development and construction units and small owners (households) who only have the right to use (including paid use and free use).

(5) The paid use right of billboards occupying public * * * parts and public * * * venues. According to the "Regulations" and other relevant regulations, all the operating income of the * * * part of the public building belongs to the source of management fees, which are operated by the management office, and the income is included in the management fees.

Four, about the owners' congress and the owners' management committee:

(a) related issues about the owners' congress and the owners' management committee.

1. The election of the owners' management committee can be conducted by the coexistence of the owners' congress system and the owners' congress system; The owners' congress can vote by sending and receiving votes at home; For some communities that are difficult to hold owners' meetings due to actual conditions, the owners' meeting can be adopted, that is, the building manager is elected from each building, and the owners entrust the building manager in writing to participate in the election process of the owners' management Committee.

2. Identification of the owner.

(1) When each district bureau holds the first owners' meeting in each district, it may or may not set up a preparatory committee, which shall be decided by each district bureau according to the specific circumstances.

(2) The candidates for the owners' committee are determined by the district council as the competent department of the district government after soliciting opinions from all sides. Relevant owners can express their opinions, but ultimately they must obey the decisions and arrangements of the district council; There are about ten candidates nominated by the owner, and only one candidate can be recommended at a time.

(3) The identity of the owner shall be subject to the registration of the house sales contract or property right certificate. The spouses and relatives of unregistered owners can only be entrusted by the owners in writing to participate in the bidding, but they cannot be elected as members of the Preparatory Committee, candidates for members of the owners' management committee and members of the owners' management committee; If there is more than one owner registered in the house sales contract or property right certificate, the owner's rights can be exercised according to the proportion of property rights enjoyed. However, if he is also a member of the Preparatory Committee and a candidate for the Owners' Management Committee, he must inform all owners of this relationship in advance;

(4) Whether the mortgagor participates in the owners' meeting and the owners' management committee as the owner: the mortgagor with the title certificate can be determined as the owner; The mortgagor who has not mortgaged the real estate license is not regarded as the owner for the time being, and the development and construction unit will participate in the owners' meeting and the owners' management Committee as the owner of the mortgaged property; The purchaser who has paid off all the mortgage payment can be determined as the owner (subject to the original property certificate or purchase contract and the proof of paying off the mortgage payment).

(five) the vacant houses unsold by the development and construction unit shall participate in the owners' meeting and the owners' management committee as the owners.

Verb (abbreviation of verb) supplements and explains some policies.

(1) Standards for property management. The Regulations of Shenzhen Special Economic Zone on Property Management in Residential Areas and its detailed rules for implementation (hereinafter referred to as the Regulations and Detailed Rules) have a clear calculation formula: the total number of houses (one non-residential house per 100 square meter of residential and single apartment building area) × per capita planning index (0.06)× per capita population (3.75)= property management houses including office buildings, living houses, warehouses and other property management houses. , but does not include the rooms of electromechanical and security personnel on duty. If the security personnel dormitory in the above-mentioned housing is not enough to solve, the development and construction unit shall make other arrangements and use the relevant public places in the residential area (building) to solve it; However, the office space of the management office must be a formal office space, and it shall not be replaced by a related reconstruction space.

(2) The expense items are included in the total investment. The total investment mentioned in the Regulations includes all expenses such as land price, public supporting expenses and ontology expenses.

(3) Extraction of management commission (10%). Property management units can charge management commission according to the actual expenditure cost of property management stipulated in the Regulations, Detailed Rules and Measures for Industry Management. No matter whether the management fee is surplus or loss, it can be extracted according to the proportion of no more than 10% per year. The management expenses of the property management company are included in the management commission, and the management expenses of the residential area (building, industrial area) management office are included in the actual expenditure cost of property management.

Six, on the national outstanding property declaration, supervision and evaluation.

1, use computer files for supervision, registration of daily complaints, sampling inspection, etc. ;

2, by the property management unit every year (May) to declare a standard;

3, organized by the competent departments of municipalities and districts from time to time sampling;

4 set up a special evaluation and review team to carry out annual review activities.

Seven, on further clarifying the scope of business functions of the city and district housing authority in charge of the property management industry. According to the Regulations, Detailed Rules for the Implementation of the Regulations and related supporting documents, the main business functions of the Regional Bureau are as follows:

1. Preside over and guide the election of the owners' management committee;

2. Pre-property management qualification certificate;

3. Organize the safe work of outstanding properties in district-level property management;

4. Complaint handling in the property management industry.

Eight, on the recovery of special funds for public facilities in old residential areas and the issue of compensation for lost vehicles in property management will be clarified in the next law and regulations; Regarding the format of financial statements released to the owners, the municipal competent department will unify the next step.

Finishing of property supervision department of the bureau

December 21st, 1998