Is it legal for a property company to collect decoration management fees?

The legality of collecting decoration management fees by property companies depends on local laws and regulations and the stipulations of property service contracts.

The legality of the property company's collection of decoration management fees depends first on whether there is any relevant agreement in the property service contract. According to Article 31 of the Property Management Regulations, the property service contract shall specify the property management matters, service fees and the rights and obligations of both parties. If there is an agreed decoration management fee in the contract, the property company can collect it according to the contract. In addition, the decoration management fee is usually used as a deposit and should be refunded after the owner finishes the decoration and the property is accepted. If the property management company collects the decoration management fee without agreement, or fails to refund the deposit when the owner's decoration is in compliance, it may be considered illegal. Property companies shall not charge additional fees to the owners when collecting water supply, power supply and other fees. In violation of property management regulations, the property company has the responsibility to stop and report to the relevant administrative departments.

Contents of the realty service contract:

1. Information of both parties to the contract: including basic information of the owner and the property management company, such as name, address and contact information;

2. Scope of property services: define the services provided by property management companies, such as cleaning, greening and maintenance, security, etc.

3. Service standards and requirements: specify the service quality standards and specific requirements in detail to ensure that the service quality can be quantified and evaluated;

4. Fees and payment methods: define the calculation method, charging standard, payment method and time of property service fees;

5. Liability for breach of contract: the responsibilities that both parties should bear when breaching the contract and the handling methods, including the agreement on liquidated damages;

6. Term and renewal of the contract: define the validity period of the contract and the conditions and procedures for renewal after expiration;

7. Dispute settlement method: agree on ways to resolve disputes between the two parties, such as negotiation, mediation, arbitration or litigation;

8. Other special agreements: other terms that may be included according to the actual situation, such as decoration management fees and special service fees. Generally speaking, property service contracts should be clear and specific to protect the legitimate rights and interests of both parties.

To sum up, the legality of the property company's collection of decoration management fees depends on local laws and regulations and the stipulations of the property service contract. At the same time, the deposit shall be refunded in accordance with the contract, and no extra handling fee shall be charged, and it is the responsibility to stop the violation.

Legal basis:

property management regulations

Article 34

The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 41

The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.