How much is the late fee for property fees?

How much is the late fee for property fees? The late fee for property fees refers to a part of the money that the owner needs to pay to the property company because of the default of property fees. The overdue fine for property fees shall be made by the model texts of "Beijing Early Property Service Contract" and "Beijing Property Service Contract" drafted by the Municipal Construction Committee and the Municipal Administration for Industry and Commerce. The contents implemented from May 1 day include parking fees, decoration and other issues of great concern. This model clearly stipulates that owners who are in arrears with property fees have to pay late fees.

Wang, director of the Contract Department of the Municipal Administration for Industry and Commerce, said that the model text of the Beijing Pre-Property Service Contract will be used as an annex to the commercial housing sales contract, which will be signed by the developer with the property company before the house is sold, and must be reported to the Municipal Construction Committee for publicity. The model text of "Beijing Property Service Contract" shall be used by the owners' congress or the owners when hiring property service enterprises. The two model contracts clearly stipulate the rights and obligations of developers, property companies and owners.

Property companies and owners have the following rights and obligations:

About the owner

Have the right to know the previous property services.

Although the preliminary property contract was signed by the developer and the property company, the service target is the owner. The model contract is clear: the owner has the right to know in the previous property. This model not only protects the interests of the owners, but also further clarifies the corresponding obligations. In case of default on property fees, the owner shall pay a late fee, which is 0.5 ‰ of the daily property fee according to the provisions of the Civil Code, and both parties may also agree on other standards.

* * * The use of the facilities for commercial operation shall be subject to the written consent of the owner.

If the property management company wants to use all the parts and public facilities owned by the owners for profit-making activities such as advertising, house leasing and club management, it must obtain the written consent of the owners' committee, announce the income to the owners every six months and accept supervision. Operating income belongs to all owners, which can be allocated to households to offset the cost of property services in the next year, and can also be used for residential decoration or supplementary special maintenance funds.

* * * Who owns part of the management right shall be decided by the owners' meeting.

About property

Property may not sell owner information.

The model clearly States the obligations of the property company: properly keep and use this property file, record relevant change information in time, and keep the owner's personal information confidential.

If the house is not damaged by decoration, the deposit will be refunded in time.

The model stipulates that the property company shall conclude a written decoration service agreement with the owner. In addition to the agreed decoration service fee, the property shall not charge other decoration-related expenses such as decoration garbage cleaning fee, construction personnel management fee, door card cost, etc. If * * * used parts, * * used facilities, equipment and load-bearing structure are not damaged, the property shall return the deposit in full within 7 days after completion.

Termination of the property contract requires three months' notice in advance.

Conflicts with the owners, unauthorized "strikes" lead to water and power outages in the community, and such property companies will face 1 10,000 yuan of liquidated damages. Before the expiration of the contract, the owner and the property management company must notify each other three months in advance if they do not want to continue their cooperation. Either party shall not terminate the contract in advance without authorization, otherwise it may claim no-fault liquidated damages of 1 ten thousand yuan.

About charging

Property fees are divided into contract system and reward system.

The model provides the choice of "contract system" or "reward system" for the problem of property service charges that owners are generally concerned about. The contract system means that the property fee is paid by the owner according to the construction area. If you choose this method, the property company shall not ask for an increase in fees, a decrease in service standards or a decrease in service items on the grounds of losses. The gratuity system refers to the service funds paid by the owner in advance according to the construction area, which are used by the property management company to pay for greening and maintenance costs. In this way, the property management company should publish bills to all owners and regularly publish the use of fees. At the same time, both parties employ professional institutions to audit the use of property service funds every year. The remaining expenses will be carried forward to the next year, and the insufficient part will be borne by the owner.

Residential business is charged according to commercial property standards.

In view of the widely concerned commercial behavior of residential buildings, the model stipulates that if owners and property users use residential buildings to engage in business activities, property companies can charge corresponding property service fees with reference to commercial property standards on the premise of complying with relevant laws and regulations.

Calculation formula of late payment fee:

If the delivery should be made to 50 yuan this month, but the owner delays the delivery 14 months, 50 yuan × 5% = 2.5 yuan /2.5 yuan × 30 (30 days per month) × 1050 yuan per day should be calculated as the penalty of 5% per day, but one problem must be clarified. That is to say, is the liquidated damages for the property company's inadequate service agreed in the property service contract equal to the liquidated damages for the owner's delayed payment of property fees? That is to say, if the property company's services are not in place, is it also agreed to compensate the owner for the liquidated damages at a daily rate of 5%? If the property service contract only stipulates the liquidated damages for the owner's late payment of property fees, but there is no stipulation for the liquidated damages for the property company's poor service (this situation is common in previous property service contracts), or the proportion of liquidated damages for the owner's late payment of property fees is obviously higher than that of the property company's poor service, resulting in unequal compensation amounts between the two parties, which violates the basic principles of civil law.

In real life, in the event of litigation related to liquidated damages in this kind of property service contract, the court generally does not support the property company to demand liquidated damages. This is the basic principle that the civil code fully considers the equality of rights and obligations of both parties.