Is it legal to pay the decoration deposit to the property?

Decoration deposit is a legal collection item, which aims to ensure the risk prevention in the house decoration project, but it should be returned by the property management company after the house decoration is completed, and cannot be deducted as agreed.

When there is a dispute between the owner and the property management company, they can complain to the competent department of the property management company (Beijing is the Property Department of Beijing Construction Committee), the residential district management office of the city, district and county where the community is located, the price bureau, the land management bureau, the consumer association and other departments.

At present, almost all property management companies have to charge fees for the decoration behavior of households and tenants. To sum up, these expenses are divided into two types: one is the so-called decoration deposit, and under normal circumstances, the property company will return this fee to the decoration person; The other is the so-called decoration management fee, which is generally not refunded by property companies. At present, the state does not clearly stipulate the expenses related to decoration management, and each property management institution sets standards according to its own situation, which is quite different and arbitrary.

Personally, I think:

1. The decoration deposit can be collected, but it must be returned as agreed.

In real life, there are indeed some decoration teams who are brutally constructing during decoration, without considering the convenience and safety of others' lives and the protection of buildings, facilities and equipment. In order to reduce and control this barbaric construction behavior, property management companies charge decoration deposits from decoration companies and decoration teams. If the property is damaged, the property facilities and equipment are damaged or life, health and property losses are caused to others during the renovation, the corresponding maintenance and compensation expenses can be deducted from the deposit. On the other hand, if the renovation process is smooth and the above situation does not occur, the property management agency shall return the deposit collected in full.

2. Decoration management fees should not be charged.

The property management company believes that the reason for charging the decoration management fee is that the property management company should manage and supervise the decoration workers, decoration materials and decoration behaviors during the decoration process, which are outside the normal property management work, so the resulting expenses cannot be charged in the property management fee, but should be charged separately.

In fact, the property management company and the owner are equal civil subjects, and there is a service contract relationship between them. Property management companies provide services, and owners pay property management fees. The job of a property management company is to manage the property. If all owners pay property fees, the property management company should serve all owners. It is the work of property management to manage and supervise the decoration workers, materials and behaviors. When the decoration behavior may cause damage to the whole property, adjacent parts and other owners, it needs to be managed by the property management company. Of course, if the property management company provides additional services and is accepted by the owners, then the property management company has reason to demand the corresponding consideration. On the other hand, if there is no extra service, you can't charge fees under various excuses.

To sum up, personally, the decoration deposit can basically solve the problem of barbaric construction of the decoration team, and the property company should not charge the decoration management fee separately.