Do private shops have to pay management fees?

Under normal circumstances, shops also have to pay property management fees. There is an equal subject relationship between the property company and the owner. Whether street shops need to pay property management fees depends on whether street shops are part of residential property.

If so, then shops must be included in the scope of residential property management. Street shops are located on the edge of residential areas, with different geographical locations, but the payment obligations are the same.

There are also relevant policies in various places. For example, Article 35 of the Measures for the Property Management of Residential Quarters in Ganzhou City, Jiangxi Province directly stipulates that "non-residential properties such as street shops and office buildings that do not enter and exit from the gates of residential quarters within the property management area belong to the property management scope of residential quarters and are uniformly incorporated into the property management of residential quarters, and the cost of paid environmental sanitation services shall be handled by the property service enterprise through consultation with the relevant units after obtaining the consent of the owners". Regarding the cost, it mainly depends on whether the property owners have clearly stipulated the property fee in the property service agreement when handling the purchase contract and the house collection.

China's property law stipulates that matters such as cost sharing and income distribution of buildings and their ancillary facilities, if agreed, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive part to the total construction area.

That is to say, if there is an agreement in the property management contract signed between the owner and the property management company, if there is no agreement, it will be shared according to the proportion of the shops in the total construction area. According to the principle of consistency of rights and obligations, the property management company performs its service management obligations, and the owner pays the property fee as agreed. Only when the owner fails to perform the agreed obligations, the owner has the right to refuse his performance requirements.

Therefore, according to local policies and property contracts, shops are obliged to pay property management fees if they fall within the scope of residential property management.