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Can property management companies charge garbage disposal fees?
1. Can the property management company collect the garbage disposal fee?
If the property management company collects the garbage disposal fee on behalf of the owner through consultation with the property management company, the property management company has the right to collect it, but the relevant terms need to be agreed in the property service contract.
Eleventh "measures for the administration of property service charges"
If the contract system of property service fee is implemented, the composition of property service fee includes property service cost, statutory taxes and fees and profits of property management enterprises.
The implementation of the property service fee reward system, the property service funds received in advance include property service expenditure and property management enterprise remuneration.
The composition of property service cost or property service expenditure generally includes the following parts:
1. Manage the salary, social insurance and welfare expenses of service personnel;
2. The daily operation and maintenance expenses of the parts, facilities and equipment used by the property;
3. Cleaning and sanitation expenses in the property management area;
4. Greening and maintenance costs in the property management area;
5. Maintenance cost of regional order of property management;
6. Office expenses;
7. Depreciation of fixed assets of property management enterprises;
8 * * * part of the property, * * facilities and equipment and public liability insurance costs;
9. Other expenses agreed by the owner.
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.
Second, what will happen if you don't pay the property fee?
Property management fee is the fee charged by the property management company in residential quarters when managing the property. Property management fees are generally paid after buying a house. If the property management fee is in arrears, the property will sue the owners who have not paid the fee.
The property sued the owner who didn't pay the fee, and the result of the prosecution was to pay the property fee. According to the "Regulations on Property Management", the owner shall pay the property service fee according to the agreement in the property service contract. Violation of the property service contract, overdue payment or refusal to pay the property service fee without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes further 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 to request the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management enterprise and bear all the adverse consequences caused by losing the case.
The above knowledge is my answer to relevant legal questions. If, after consultation with the property management company, the property management company collects the garbage disposal fee on its behalf, the property management company has the right to collect it, but the relevant provisions need to be agreed in the property service contract.
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