How does the law punish the overcharge of residential property fees?

Depending on the specific situation, generally go to the local price bureau to complain and punish the property company for arbitrary charges.

Legal analysis

Establish or negotiate with the industry Committee. If the owners question that the property fee is too high, they can set up an owners' committee, and the owners' committee will ask the property to show the fee permit on behalf of the owners. If the property cannot be provided, the owner has the right not to pay the property fee (it is illegal for the property to raise the property fee privately) and can complain to the price bureau. If the owners can prove that the property fee is too high, the owners' committee may convene a meeting of owners and make a resolution to reduce the property fee. For residential areas where the owners' committee has not yet been established, the consent of the owners who account for more than half of the total residential area and more than half of the total number of residents shall be obtained, and within the published guidance price, the property company and the owners shall re-negotiate the reduction or exemption of property fees. At present, most of the property fees are market-adjusted prices, and the relevant departments have not given clear charging standards. Generally speaking, the property fee should be determined according to the area, number of floors and service level of the community. If the owners feel that the collection of property fees is unreasonable, they can reflect the situation to the housing management department and safeguard their rights. Many owners think that the property service fee is too high, mainly because the level of property service is too poor, such as the weak sense of responsibility for security, the dirty environment of the community and the potential safety hazards. In this case, the industry Committee can come forward to negotiate with the property company to improve the level of property services. Although the preliminary property of the newly-built residential area is designated by the developer, the relevant national policies stipulate that the owners' committee can be established once the residential area is mature. If the industry committee has doubts about the residential property service and thinks that the fees are unreasonable, it can conduct bidding and re-select a new property company through public bidding or agreement bidding.

legal ground

Twelfth "Property Management Regulations" can take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area. The owner may entrust an agent to attend the meeting of the owners' congress. The owners' meeting decides the matters specified in Item (5) and Item (6) of Article 11 of this Ordinance, which shall be agreed by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number; Other matters stipulated in Article 11 of these regulations shall be decided by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people. The decisions of the owners' congress or the owners' committee are binding on the owners. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.