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Under what circumstances can a property charge a property fee?
I. Agreement on the Property Service Contract
When the owner signs a property service contract with the property management company, it will clearly stipulate the collection standard, purpose and payment method of the property fee. These agreements are the main basis for property companies to collect property fees. Property companies must collect property fees in accordance with the contents and standards agreed in the contract, and may not raise the fees or change the use without authorization.
Second, provide practical services.
Property companies provide practical services, such as cleaning, security, greening and maintenance. This is a reasonable basis for charging property fees. These services create a comfortable and safe living environment for the owners and enhance the overall value of the property project. Therefore, the owner is obliged to pay the corresponding property fee according to the contract.
Third, the support of relevant laws and regulations.
In addition to the agreement of the property service contract, the property company's collection of property fees is also supported by relevant laws and regulations. "Property Management Regulations" and other laws and regulations clearly stipulate the rights and obligations of property companies, as well as the collection methods and standards of property fees. Property companies must collect property fees under the premise of complying with relevant laws and regulations, otherwise they will bear corresponding legal responsibilities.
In addition, the owners also have the right to supervise and complain about the collection of property fees. If there are arbitrary charges and opaque charges in the property management company, the owners can complain to the relevant departments to safeguard their legitimate rights and interests.
To sum up:
Property companies can charge property fees when they provide practical services and abide by relevant laws and regulations and property service contracts. These expenses are an important source of funds for property companies to provide quality services to owners, and also the basic guarantee for owners to enjoy a good living environment. Owners should pay property fees in accordance with the contract, and also have the right to supervise and complain about the collection of property fees.
Legal basis:
property management regulations
Article 4 1 stipulates that:
The owner shall 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.
People's Republic of China (PRC) Civil Code
Article 944 stipulates:
The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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