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How to bear the cost of cleaning the external wall of residential property
The property service contract between the owners' committee and the property management company stipulates that the property management company is responsible for cleaning the parts used by the residential property, but the scope of the parts used by the residential property is not clearly stipulated in the contract. Recently, after the resolution of the owners' meeting, the owners' committee asked the property management company to clean all the outdoor walls of the community. The property management company proposed that the original property management fee was low, so the property management company could not bear the cleaning fee, and requested to collect the external wall cleaning fee separately. The owners' committee thinks that the extra charge is unreasonable, and there is a dispute between the two sides, which leads to the delay in cleaning up the external wall of the community. According to the lawyer, in the above case, the main legal issue involved is whether the outdoor wall is part of the property. According to Article 57 of Hangzhou Property Management Regulations, * * * refers to the hall, stairwell, water pump room, electric meter room, elevator room, telephone branch room, elevator room, corridor, communication room, inner patio, building load-bearing structure, outdoor wall, roof and other parts within the property management area. Therefore, the outdoor wall of the apartment building in this case should belong to the property. Since the property service contract has stipulated that the property management company should provide cleaning services for the parts used in the residential area, the property management company should clean the outdoor walls of the residential area according to the requirements of the owners' meeting. But the question is, how to bear the cleaning cost? In this case, both parties have agreed in the property service contract that the parts used by the property should be cleaned by the property management company, so the property management fee charged by the property management company should include the cleaning fee for outdoor walls. Of course, if the property management company's original property management fee is relatively low, which is not enough to pay the cleaning fee, how should the insufficient cleaning fee be solved? According to the current regulations on property management in provinces and cities, the following expenses can also be used as outdoor wall cleaning fees: 1, the operating income of * * * part of the property and * * * facilities and equipment, generally including the rental of property management houses and parking fees charged by residential roads. For this part of the income, the State Council property management regulations are mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' meeting. If the property management fee is not enough to pay for the outdoor wall cleaning fee, the owners' meeting may decide to subsidize the outdoor wall cleaning fee by voting on the operating income of the parts and facilities used. 2, the property management company due to illegal business income and confiscation of income. Articles 62, 65 and 66 of the Property Management Regulations stipulate how to deal with the income confiscated by property management enterprises due to illegal operations. The illegal business income can be used for the maintenance of facilities and equipment in the * * * part of the property and the * * * area of the property management, and the rest can be used according to the decision of the owners' meeting. Therefore, if the property management company is punished for violating the rules, the owners' meeting can decide to use the confiscated money as the cleaning cost of outdoor walls.
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