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Can the owners' committee charge for autonomous property?
1. Is it legal for the owner to pay the property fee?
The property fees paid by the owners themselves are legal, and the community industry Committee is not qualified to charge.
The charging standard of property fees is generally guided by local government departments at or above the county level, and can also be discussed by community industry committees at all owners' meetings. According to the services provided by the hired property management company, the service fees paid by the owners are formulated, and then reported to the price department for examination and approval, and also to the housing management department for the record.
Second, the necessity of owner autonomy
Owners' autonomy is of great significance to property management and an indispensable part of property management, which is embodied in the following points:
(1) Owner autonomy is the foundation of property management. The emergence of condominium ownership of buildings and the awakening of residents' sense of community autonomy have produced the current property management system. Ownership is an absolute right, which excludes the interference of non-owners in things. Neither the property management enterprise nor the government has the right to interfere with the owner's disposition of the house, but other owners have the right to interfere with the owner's disposition of the house for their own use, and such interference can only require the owner not to harm the interests of other owners. Therefore, only the owners have the final say when it comes to property management problems in some areas of * * * or some areas of * * *, and property management companies can only carry out service activities within the scope authorized by the owners. Therefore, the foundation of property management is owner autonomy.
(2) Exercising the right of owner's self-management is of great significance for safeguarding the rights and interests of property owners and users and standardizing residential property management. Whether it is a property management enterprise or other parties, for their own interests, it is possible to act against the owners, which makes it of great significance to exercise the owners' self-management right to safeguard the rights and interests of property owners and users and standardize the property management in residential areas.
(3) As a new industry, how to make property management develop healthily and orderly is directly related to managing the relationship between public owners. Strengthening the owner's awareness of self-protection is an important aspect that cannot be ignored. Only by strengthening the owner's self-protection consciousness can we force the property company to enhance transparency, strengthen the owner's cognition of the property company, establish a good relationship between the property company and the owner and promote the healthy development of the property industry.
Third, the legal basis for the management of property fees
According to the Property Management Regulations, the main body of collecting property fees is the property company, and it is necessary to apply for a fee permit. Industry Committee belongs to the owner's autonomous organization, which can supervise and inspect the income and expenditure of the property and supervise its regular posting.
If the industry committee charges fees in violation of regulations, the owners can refuse to pay and complain to the price and housing management until they want to bring a lawsuit to the court.
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