Measures for the Administration of Property Service Charges in Hunan Province 2022

Legal analysis: Property service charges include two forms: contract system or gratuity system. The contract responsibility system means that the property company collects property fees from the owners, and the surplus or loss is shared or borne by the property company. The reward system means that the property company collects the property operation funds from the owner in advance, and the property company draws the reward according to the contract, and the balance or insufficient part of the funds is enjoyed or borne by the owner. Article 35 of the Property Management Regulations stipulates that property service enterprises 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.

Legal basis: According to Article 34 of the Property Management Regulations, the owners' committee shall conclude a written property service contract with the property service enterprise selected by the owners' congress. The realty service contract shall stipulate the prophase management matters, service quality, service fee, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.