Property Law Property Management Fees, Property Law Provisions on Property Fees

The strata fee is charged from the date on which the owner confirms the receipt of the property. However, the determination of the date of receipt of the house has the situation of delaying the receipt of the house due to the reasons of the owner and delaying the receipt of the house due to the reasons of the property or the developer.

The property service fee mainly includes the following items

The first is the routine public service, which mainly includes the following items: the management of the main body of the building and the daily supervision of the residential decoration; management of housing equipment and facilities; management of environmental hygiene; greening management; Cooperate with the public security and fire departments to maintain public order and safety precautions in residential areas; vehicle road management; services of a public agency nature;

The second is targeted special services: daily life; business services; culture, education, health, sports; financial services; brokerage services; social welfare;

Data Extension:

The time for the collection of general property management fees is usually stipulated by the local property service fee management measures or property management regulations, and the starting point for the payment of general property management fees is calculated from the date when the buyer accepts the house. However, if the buyer does not take possession of the property without justifiable reasons after the developer issues the notice of occupancy, the property management fee can be calculated from one month after the notice of occupancy is issued. If there is a dispute between the owner, the developer and the property management company about the time of collecting the property fee, and the negotiation fails, the owner can file a complaint with the property management department of the housing management bureau in the area where the community belongs.

1. Provisions on property fees.

Therefore, the provisions on property fees are Article 286 of the Civil Code of the People's Republic of China. This article stipulates that the owner shall comply with laws, regulations and management provisions, and the relevant acts shall comply with the requirements of resource conservation and ecological environmental protection. The owner shall cooperate with the property management service enterprise or other managers to implement emergency measures and other management measures implemented in accordance with the law.

The general meeting of owners or the owners' committee has the right to require the perpetrator to stop the infringement, remove obstacles, eliminate dangers, restore the original state, and compensate for losses in accordance with laws, regulations and management provisions for acts that harm the legitimate rights and interests of others, such as arbitrarily discarding garbage, discharging pollutants or noise, raising animals in violation of regulations, illegally building buildings, encroaching on passages, refusing to pay property fees, and other behaviors that harm the legitimate rights and interests of others.

Where the owner or other actor refuses to perform the relevant obligations, the parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.

2. How to resolve civil disputes over property fees.

Civil disputes regarding property fees can be resolved through negotiation, mediation, litigation or arbitration.

The law stipulates that Article 944 of the Civil Code of the People's Republic of China stipulates that the owner shall pay the property fee to the property service provider in accordance with the agreement. If the property management service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted or does not need to accept the relevant property management services.

If the owner violates the agreement and fails to pay the property fee within the time limit, the property management service provider may urge him to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration.

3. What are the items included in the property fee?

1.maintenance costs for public properties and ancillary facilities;

2.salaries of hired managers;

3.expenditure on utility water and electricity;

4.expenditure on the purchase or lease of necessary machinery and equipment;

5.Expenses for property insurance (fire insurance, disaster insurance, etc.) and various liability insurances of Bituan;

6.Waste removal, pool cleaning, disinfection and pest control costs;

7.the cost of cleaning public areas and curtain walls and walls;

8.the cost of planting flowers, planting grasses and their maintenance in public areas;

9.Renewal reserves, i.e. the cost of updating the property's supporting facilities;

10.the cost of hiring a lawyer, accountant, etc.;

11.the cost of holiday decorations;

12.Managerial remuneration.