Why does property management charge a deposit, and is it reasonable for a property to charge a decor

Residential Interior Decoration Management Measures" has been discussed and adopted by the 53rd ministerial executive meeting on February 26, 2002, and is hereby promulgated and shall come into force on May 1, 2002.

There is no provision in it that it is not allowed to collect deposits, some cities can, and some cities stipulate that they cannot, depending on the situation and purpose.

In the specific operation, the property management company agrees on the decoration behavior by signing an agreement with the owner to collect a certain deposit. In order to achieve the purpose of safe construction. The specific collection standard shall be subject to the amount agreed in the "Decoration Management Regulations" signed between the property management company and the owner.

Article 53 of the "Property Management Regulations" stipulates that if the owner needs to decorate and decorate the house, he shall inform the property management enterprise in advance. Property management enterprises shall inform the owners of the prohibited acts and precautions in the decoration and decoration of the house. The relevant national laws and regulations stipulate that the building includes two aspects: the common part and the self-use part.

In the case of common parts, the individual owner does not have the power to change them. Renovation involves the safe use of the building. The property management company must manage it from the beginning of the renovation, otherwise after the renovation is completed, the damage caused by the renovation has already formed, which is not only difficult to correct, but also brings a threat to the safety of the owner.

In actual life, there are many decoration workers who carry out barbaric construction, destroy the main structure of the house, do not consider the convenience and safety of others' lives, do not take into account the protection of buildings, facilities and equipment, and do not take into account the care of environmental sanitation, causing the loss of others' lives, health and property, and destroying public facilities and equipment. For these irregularities in the renovation, the decoration deposit is used to restrict.

It is used to compensate for the damage caused to the farewell of other homes that may be caused by the renovation of a new building.

Legal Analysis: Reasonable. If the owner and the property management company agree in the property management contract that the owner shall pay the decoration management fee, then the owner shall pay the management fee in accordance with the contract; If there is no such agreement between the parties, then the property management company cannot charge the owner a renovation management fee.

The original intention of collecting the deposit is to ensure the (integrity) of the common area and public facility equipment, because this part of the public area is actually difficult to maintain, and some construction workers may cause damage to the equipment during the renovation process, so we actually want to limit this situation while charging the fee. "

Legal basis: Article 119 of the Civil Code of the People's Republic of China A contract established in accordance with law shall be legally binding on the parties.

Summary. Hello! <>

Regarding the issue of property fee deposit, I can give the following intuitive and direct affirmation: according to the "Regulations on the Administration of Property Services", property service enterprises can require owners to pay property service fees, but they shall not require property service deposits.

Is the strata fee deposit legal?

Hello! <>

On the issue of property fee deposit, I can give the following intuitive and direct affirmation: according to the "Regulations on the Administration of Property Services", property service enterprises can ask the owner to pay the property service fee, but they must not ask for the payment of the property service deposit.

The property deposit refers to a fee that the property management service company requires the owner to pay before moving into the house, which is usually used to ensure the loss and breach of contract during the use of the property management service, including ensuring the return of the first key, the integrity of the items, and the maintenance of order. However, in accordance with Article 34 of the Regulations on the Administration of Property Services, property management service enterprises are not allowed to collect any fees or deposits from owners or residents other than those stipulated in these Regulations. Therefore, the property fee deposit is not a legal requirement, and if the property management company compulsorily requires the owner to pay the property service deposit, it is illegal.

In general, a strata fee deposit is not a legal requirement. If the owner encounters such a situation, he should call the local property service complaint ** or report to the relevant department in time to protect his legitimate rights and interests. <>

Legal analysis: Hold the other party accountable according to the content of the contract. The non-owner user has no direct relationship with the developer or property service company, is not the entrusting party of the property management contract, and is not the differentiated owner of the property scope, and usually does not participate in the owners' meeting and the owners' committee.

The landlord is a party to the property service contract and has the obligation to pay the strata fee. Transfer of agreed subordinate debts between owners and non-owner-users.

Legal basis: "Property Management Regulations" Article 42 The owner shall pay the property service fee according to the agreement of the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment from the agreement.

However, the two defendants in the above case did not have any relevant agreement, so the court made a first-instance judgment that the owner should bear the responsibility for the payment of property fees. Of course, the owner can recover from the de facto user after fulfilling the obligation to pay the strata fee.

Irrationality. The strata company does not have the right to collect the surplus pension on the electricity bill. The electricity bill collection is signed by the power supply bureau and the property management company, and has nothing to do with the owner.

Legal basis: Property Management Regulations

Article 35 property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the banking service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

Article 36 When a property management service enterprise undertakes a property, it shall go through the property acceptance formalities with the owners' committee, and the owners' committee shall hand over the materials provided for in the first paragraph of Article 29 of these Regulations to the property management service enterprise.

Article 56 In violation of the provisions of these Regulations, the construction unit of residential property does not select and hire property management service enterprises through bidding or without approval, and adopts an agreement to select and hire property management and stove service enterprises, the local people's ** real estate administrative department at or above the county level shall order corrections within a time limit, give a warning, and may be fined less than 100,000 yuan.

It is not legal to offset the property fee with the liquidated damages. Debts of the same legal relationship can be set off against each other. The property fee and liquidated damages are of the same type and quality, but because the developer pays the liquidated damages for delayed delivery, and the owner pays the property fee to the property management company, they are two different legal relationships, and they are stored in different legal relationship subjects, so the two cannot be offset.

Article 32 of the Property Management Regulations stipulates that enterprises engaged in property management activities shall have independent legal personality. The State implements a qualification management system for enterprises engaged in property management activities. The specific measures shall be formulated by the competent administrative department of construction.

Article 40 of the Property Management Regulations on property service charges should follow the principle of reasonableness, openness and the cost of adapting to the level of service, distinguishing the nature and characteristics of different properties, by the owners and property service enterprises in accordance with the property service charges formulated by the competent department of ***** in conjunction with the competent administrative department of construction, agreed in the property service contract.

The strata company is not entitled to collect a deposit for renovations. Renovation is the owner's business, and the property company has no right to interfere within the scope of the law. Of course, if the owner's renovation damages the rights and interests of other owners or the property, the other owners and the property have the right to claim compensation.

Article 50 of the Property Management Regulations of the People's Republic of China shall not change the use of public buildings and common facilities in accordance with the planning and construction within the property management area. If the owner really needs to change the use of public buildings and common sail facilities in accordance with the law, he shall inform the property management service enterprise after going through the relevant formalities in accordance with the law;If a property management service enterprise really needs to change the use of public buildings and common facilities, it shall submit it to the general meeting of owners for discussion and decision, and the owners shall go through the relevant formalities in accordance with law.

If there is no agreement on the property management fee deposit in the Property Service Contract, then the property management company has no right to unilaterally require the owner to pay it. The collection of property fees shall be carried out in accordance with the provisions of the "Property Service Contract". As for **, the nature and characteristics of different properties should be distinguished, and the ** guide price and market adjustment price should be implemented respectively.

1. Whether the owner of the property contract can refuse to pay the property fee if it is not renewed upon expiration.

Yes, but certain conditions must be met, otherwise the owner should still pay the strata fee.

1. If the property contract expires but is not terminated by resolution, the owner shall pay the property fee.

If the property management contract is not renewed when it expires, and the property service company continues to perform the property service contract with practical actions, and the owner actually enjoys the property management services provided by the property management service company, it should pay the corresponding property service fee and cannot refuse to pay the property fee.

2. If the property contract expires and has been terminated by resolution, the owner may not pay the property fee.

If the property management company refuses to move out and forcibly continues to provide property services, then the property management company cannot collect the service fee by providing actual property services, and the property owner can refuse to pay the property management fee.

2. What should the Owners Committee do if the owner is sued for property fees?

If the owner is sued for strata fees, the Owners' Committee should conduct mediation and negotiation. The owner shall pay the property fee in accordance with the property service contract, and if the property fee is in arrears and refuses to pay, the property management service company may sue the court to demand payment. After being sued, the owner will go to the property in time to settle the strata fee.

and pay liquidated damages (late fees) according to the property contract. Otherwise, after winning the lawsuit, the property can apply to the court for enforcement.

Article 32 of the Property Management Regulations stipulates that enterprises engaged in property management activities shall have independent legal personality. The State implements a qualification management system for enterprises engaged in property management activities. The specific measures shall be formulated by the competent administrative department of construction.