Legal advice! Is it legal to deduct the property fee of our community directly from the bank card of water and electricity charges (the agent of the charging office)?

Property companies have no right to unilaterally make binding deductions, so it is illegal.

Legal analysis

The public services provided by the property, such as public health and cleaning, public facilities maintenance, security and greening, and the collection and payment of utilities, gas fees, cable TV fees, telephone fees and other service charges are subject to government pricing or government guidance prices. The specific price management forms of the property management service charges fixed by the government or guided by the government shall be determined by the price departments of provinces, autonomous regions and municipalities directly under the Central Government according to the local economic development level and the development degree of the property management market. In order to regulate the charging behavior of property management services in urban residential quarters, safeguard the legitimate rights and interests of state-owned interests and property management units, owners and users, and promote the healthy development of property management, these measures are formulated in accordance with the Regulations of People's Republic of China (PRC) Municipality on Price Management. These Measures shall apply to the charge management of property management units registered by the administrative department for industry and commerce to provide socialized and professional services to urban residential areas. The term "property management service fee" as mentioned in these Measures refers to the fees charged by the property management unit for the development of housing construction, public facilities, greening, sanitation, transportation, public security and environmental appearance in urban residential areas, and for receiving daily maintenance, repair and rectification services and providing other services related to residents' lives. The price departments of governments at all levels are the competent departments of property management services. The price department shall, jointly with the administrative department of property management, strengthen the supervision and guidance of the property management service charges. Property management units to carry out property management service charges should follow the principles of rationality, openness and adaptability to the affordability of property owners and users. The state encourages property management units to carry out legitimate price competition, and prohibits price monopoly and profiteering. According to the nature and characteristics of the services provided, the property management service charges are subject to government pricing, government guidance pricing and operator pricing.

legal ground

People's Republic of China (PRC) Civil Code

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee. Property service providers include property service enterprises and other managers.

Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided 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 the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.