Job Recruitment Website - Property management - Is there a regulation on how much decoration management fee should be charged for commercial decoration property?
Is there a regulation on how much decoration management fee should be charged for commercial decoration property?
Decoration management fee is the management fee charged by the property management company for decoration behavior. So, is this decoration management fee legal? The first thing we need to make clear is whether the decoration is an internal matter of property management or an external matter of property management. If it is the responsibility of property management, it should be included in the property management fee, but if it is not the agreed service content of property management, it is reasonable to charge the fee as an additional service provided to the owner.
Article 2 of the Regulations on Property Management (Order No.379 of the State Council of the People's Republic of China) stipulates that property management refers to the activity that the owner selects a property management enterprise, and the owner and the property management enterprise repair, maintain and manage the house, supporting facilities and related sites according to the property service contract, so as to maintain the environmental sanitation and order in the relevant areas. Article 44 stipulates that a property management enterprise may provide services beyond those stipulated in the property service contract upon the entrustment of the owner, and the service remuneration shall be agreed by both parties.
With the relevant legal provisions, it is much easier to analyze the problem. Whether to collect decoration management fees depends on whether the property management company and the owners' committee have signed the property service contract (or the "Early Property Service Contract" signed by the construction unit) already included the agreement on decoration management behavior. If so, it is obviously unreasonable to charge the decoration management fee, because the owner has already paid the management fee. If not, it is simply considered as extra service outside the contract, so it should be chargeable.
As an additional service, according to Article 44, the collection standard of decoration management fee should also be agreed by both parties. Not how much the property management company said it would charge. Due to various factors, the two sides failed to reach an agreement. If a property management company collects decoration management fees, it shall also obtain the approval documents from the price administrative department according to law, rather than being stipulated by any administrative department.
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