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How to determine the property service fee?

practical problem

The owners' committee of a residential area decided to re-sign the property service contract with other property management companies because most owners were dissatisfied with the property management company. When contacting the property management company, the owners' committee suggested that the original property management company charged a higher fee, and whether the fee could be reduced. The property management company said that the original property fee should be available in the future, and the owners' committee cannot change it without authorization. So, how does the law stipulate this?

The lawyer replied.

The amount of property service fee has always been a very sensitive and important topic, and it is also an indispensable and important clause in the property service contract. In the Property Management Regulations, there is no special mandatory provision for the collection of property service fees. As long as the principles of reasonableness, openness and adaptability of fees and service levels are followed, the owners and the realty service enterprises can make an agreement in the realty service contract in accordance with the method for charging realty services formulated by the the State Council price department in conjunction with the the State Council construction administrative department. Therefore, as long as it does not violate the relevant charging regulations, within a reasonable range, whether it is high or low depends on the final negotiation result between the owner and the property service enterprise.

Legal link

property management regulations

Fortieth property service charges should follow the principles of rationality, openness and the adaptability of fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Forty-first owners should 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.

Forty-second price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.