The property company adds property fees to the owners.

In real life, some residential properties directly inform "how much property fees will rise from a certain month". Some will negotiate with the owners' committee first to reach a consensus on raising the property management fee. Then, does the practice of property companies comply with the law?

In fact, the owner is the one who really has the right to decide whether to increase the property fee. According to Article 76 of the Property Law, the charging standard for property services belongs to "other major matters related to the management right of * * * and * *", and the decision to change such matters should be approved 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.

It is said that if the property management company raises the property management fee without the consent of the "double and a half" owners, you have the right to refuse to pay the corresponding price increase!

Not in this case. (20 1 1) The court of Sui Zhong Zi No.3025 held that according to the provisions of Article 76, paragraphs 1 and 2 of the Property Law, the charging standard for property services was obviously "other major matters related to the management right of * * *" and made a decision on these matters. The existing evidence of the property company obviously does not meet the above requirements stipulated in the Property Law. Just re-signed the property management entrustment contract with the development company, and raised the property fee standard from the original 2.8 yuan per square meter per month to 6 yuan, with insufficient basis. In 290 yuan, the property management company was sentenced to refund the property fees collected by Zhan.

Most people pay according to the price increase? What is certain is that the price increase has been recognized by most owners!

Some owners think that the price increase is reasonable, or they don't care about this little money. After the price increase, they pay the property management fee according to the standard. If a "double-and-a-half" owner pays according to the price increase, it can generally be confirmed that the price increase has been recognized by most owners.

Therefore, if the property enterprise is prepared to raise the property management fee, as the community owner, it can communicate with each other first.

CaseNo. (20 13) and judgmentNo. Hu Min 'er (Min) ZiNo. 1587, the court held that the Yidong Garden Industry Committee did not hold the form of collective discussion at the owners' meeting, and there were procedural defects. However, in view of the fact that most residents of Yidongyuan Community have paid the property management fee according to the price increase, the court of first instance confirmed that the price increase has actually been recognized by most residents and is still appropriate.

Legal procedures for raising property fees

Article 12 of the Property Management Regulations stipulates: "The meeting of the owners' congress may take the form of collective discussion or soliciting opinions in writing; 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 people in the property management area. "

As the increase of property fees requires the consent of "double and half" owners, it can generally be led by the industry committee, and through collective discussion at the owners' meeting, * * * will vote together.

Of course, it is difficult for some communities to convene so many owners to hold owners' meetings, and you can also ask for your opinions in writing.

Solutions to disputes caused by raising property fees

(1) Negotiate with the property management company;

(2) If negotiation fails, you can "call the hotline 12345" and make a real-name complaint against the property company for raising the property management fee without authorization;

(3) You can apply for an administrative investigation to the housing construction department and the competent price department;

(4) through judicial procedures.

If a property company raises property fees without authorization and causes disputes, it may bring a lawsuit to the court for settlement.

If the owners think that the decision made by the owners' congress or the owners' committee to increase the property fee infringes on their legitimate rights and interests, the infringed owners may request the people's court to cancel it.