Legal basis of property management fee adjustment

Legal analysis: (1) Agreement of the contract

Property management entrustment contract is a kind of paid labor service contract, and the client obtains the professional service of the management company by paying a certain fee; Accordingly, property management companies charge fees and earn profits by providing management services, thus maintaining the company's operation and development.

Property management companies charge fees according to the cost and labor required for the management services they provide and the reasonable profits they should earn as operating companies. In view of this, the property management contract can determine a charging standard under the condition of scientifically calculating the management cost and reasonably arranging the labor force.

(2) the provisions of the law

According to the Price Law of People's Republic of China (PRC), the property management fee belongs to the service fee, that is, the service price. According to the provisions of Article 6 of the Price Law, except for important public welfare services, service prices are subject to government guidance or government pricing, and general service prices are subject to market adjustment. According to Article 8 of the Law: "The basic basis of operator pricing is production and operation costs and market supply and demand. Whether the property management fee belongs to the "important public service price" mentioned in the price law, I am afraid it cannot be generalized. If it is a commercial property (such as a high-grade office building), the management fee should mainly depend on the pricing of the enterprise in combination with operating costs and market supply and demand; The property fees of residential quarters, especially general economic residential quarters, involve thousands of households, and the income level is uneven, so it is impossible for the government not to interfere completely. Because of this, some government price limits are usually introduced in various places, that is, several maximum price limits are announced according to the area (such as suburban counties or urban areas), grade and equipment (such as elevators) of the property. Within this price limit, the property manager can determine or change the price by reaching an agreement with the owner.

In some places, property communities and managers have also reached a combination of cost and profit to deal with property charges. If the property management profit is determined to be 8%, the management fee shall be paid by the owner according to the facts, and the paid part shall be added to the property management company according to the profit ratio of 8%. To adopt this method, it is necessary to regularly review the expenditure of property management companies. This method is acceptable as long as both parties are clear in the form of contract.

The Interim Measures for Charging Property Management Services in Urban Residential Areas issued by the State Planning Commission and the Ministry of Construction 1996 are still valid, and property companies are obliged to abide by them. Owners can supervise property management companies according to the Measures and their charging behaviors.

Management service fee and payment method

Management service fee is the guarantee to maintain the normal operation of property management and public facilities and equipment, and belongs to public service fee. Both owners and users should pay monthly fees according to regulations.

In order to avoid the trek of payment, the management office collects various fees. Except the fees paid in the management office during the occupation period, all the management service fees are entrusted to the bank for transfer and settlement. Residents only need to apply for a passbook or peony card of China Industrial and Commercial Bank, and they can complete various collection items. Charges are strictly in accordance with the standards approved by the municipal government or agreed with the owners (owners' committee).

Legal basis: Article 16 of the Interim Measures for the Administration of Property Service Charges implements the charging standard for residential property services at government-guided prices. After the establishment of the owners' congress, the charging standards for property services shall be determined by the owners' congress and the property management enterprises through consultation according to the property characteristics and service requirements and in accordance with the principles stipulated in these Measures. If both parties reach an agreement through consultation, it shall be reported to the district and municipal price authorities where the property is located for the record; When the two sides disagree, if necessary, the district and municipal price departments where the property project is located shall participate in coordination with the property management administrative departments at the same level; If the final negotiation fails, the owners' congress may re-employ the property management enterprise, or

Manage your own property.