Legal basis for advance payment of property fees

In fact, there is no legal basis for collecting property fees in advance. This means that the property company can't charge in advance against the real needs of the owners. Of course, the relevant property companies can charge in advance after the approval of the relevant departments, but the pre-sale period cannot exceed six months.

1. What is the legal basis for prepayment of property fees?

In fact, there is no legal basis for collecting property fees in advance. Many owners who have already bought a house will encounter such a situation. Property companies will require owners to pay property fees in advance for a period of time when inspecting houses. In fact, this practice is unfounded. According to the regulations, property management companies shall not charge fees in advance against the wishes of the owners or users who are not owners; If it can be received in advance after approval, the period of advance receipt shall not exceed 6 months. In this regard, if the property company cannot produce the approval documents of the government administrative department, it can refuse to pay.

The composition of property service cost or property service expenditure generally includes the following parts:

1, salary of management service personnel, social insurance and welfare expenses drawn according to regulations, etc. ;

2, the daily operation and maintenance costs of * * * parts of the property and * * * facilities and equipment;

3, property management area cleaning costs;

4, the property management area greening maintenance costs;

5, property management regional order maintenance costs;

6. Office expenses;

7. Depreciation of fixed assets of property management enterprises;

8. Part of the property, facilities, equipment and public liability insurance fees;

9. Other expenses agreed by the owner.

Second, what is the property service fee standard?

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.

The charging standard for public service level of property management in residential quarters is (according to the interior construction area):

Grade I: one yuan per square building area per month;

Grade II: one yuan per square construction area per month;

Level 3: one yuan per square construction area per month;

Level 4, one yuan per square construction area per month.

Residential buildings equipped with elevators shall go through elevator procedures on a voluntary basis. 5 yuan per person per month for permanent passengers and 5 yuan per person per time for temporary passengers. Under normal circumstances, even if the service of the property itself is not good, the law will tend to the property side because there is no substantive evidence in the hands of the owner. As for the place where the property is not in place, it is recommended to use cameras and mobile phones to collect evidence in case of emergency. It is a basic contractual obligation of the owner to pay the property management fee according to the agreement, and it is a breach of contract not to pay the property management fee without sufficient defense reasons.

In our real life, the property management fee is a common fee now, but it needs to be reminded that the property service fee can only be charged after providing relevant services. Many places require that property fees be collected in advance. In fact, there is a legal basis unless it is approved.