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First of all, you have made a huge mistake, the owner only bears the renovation management fee, garbage removal freight, and construction permit fees. The decoration deposit is charged to the decoration company, mainly because the property company restricts the decoration personnel, not the cost that the owner should pay. I think the property company may have told you, or there is a relevant text in the agreement, and you may also know.
It's just that the renovation company you find is not willing to bear the deposit and passes it on to you. This is the case with most renovation companies.
As for the issue of not returning the deposit due to air-conditioning problems, the property management company has no right to withhold the renovation deposit, which may be misleading. The utility company should only temporarily not return the air conditioner until you have rectified it, not not return it.
The location of the air conditioner designated by the property management company is based on the overall façade of the community and is planned in a unified manner, which is considered for the overall interests of the community, rather than as otherwise planned, and represents the will to safeguard the interests of all owners, because whether the façade of the building is clean or tidy is also an indispensable condition for maintaining and increasing the value of the house. Think about it, how can a real estate with a messy façade ensure a higher occupancy rate and a higher transfer fee? For example, if you want to buy or rent a second-hand house, do you only pay attention to the level of rent or transfer money, and do not consider the overall appearance of the property?
If you only want to save a little bit of the cost of air conditioning pipes, and affect the common interests of the whole community, including your own interests, is it too worthless? If you think that your family's air conditioner misalignment does not have much impact, it is also a misunderstanding, other owners are installed at a regular distance from the ground, but your family is a little misaligned, which is more prominent and incongruous in sensory vision. Believe it or not, you can just look at it from a distance.
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1.The word "seizure" alone is unreasonable and unlawful. The property management company does not have the right to withhold the renovation deposit. However, if there is a problem with the owner's decoration during the renovation, the property management company can require it to rectify and return it after the rectification is completed.
2."The location of the air conditioner designated by the property management company cannot be changed in any case", which does not mean that no matter what, there are always special circumstances, depending on the situation. The designation of the location of the air conditioner by a single property company is to make the community more reasonable, so that the quality of the community can be maintained and appreciated, which is reasonable.
However, depending on the situation, it does not mean that it is "forced".
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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.
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At the same time, I think whether the decoration deposit is returned depends on whether you have an agreement with the property management company, and if there is an agreement, it depends on whether you are in breach of contract.
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Legal Analysis: Yes. The property management company's act of collecting the renovation deposit itself is a violation of the regulations, and the price department did not approve the property management company to collect the decoration deposit from the owner.
The decoration deposit shall be returned to the owner within a certain period of time after the owner has completed the decoration and passed the inspection by the property management company.
Legal basis: Article 53 of the "Property Management Regulations" 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.
This is the responsibility of the property management company. Therefore, the owner only needs to fulfill the obligation to inform the property management company about the renovation and does not need to pay any fees. The property management company is suspected of charging indiscriminately when collecting decoration deposits, and the owner will not go through the household entry procedures if he does not pay the fee, which is suspected of infringement.
The strata company does not have the right to collect a security deposit for renovations. The property management company and the buyer establish a legal relationship of property management services, and the property management company provides property management services, and it has no right to restrict the buyer's entry behavior. Strata companies are now prohibited from collecting renovation deposits.
If the property company does not return the property, then you can file a complaint with the Price Bureau to report the recovery of the property.
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Legal analysisThe renovation deposit is the decoration deposit charged by the property management company at the time of renovation. The "Property Management Regulations" do not clearly stipulate the provisions on the collection of decoration deposits, and now many places have issued regulations to determine that the collection of decoration deposits is illegal. The "Property Management Regulations" stipulate that property management enterprises shall stop the violations of laws and regulations on public security, environmental protection, property decoration and use in the property management area, and report to the relevant administrative departments in a timely manner.
After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law. It can be seen that the property has no right to require the owner to pay the property decoration deposit, but the law gives the property company the right to manage the property decoration and use, and the illegal decoration can be stopped, and reported to the relevant administrative departments.
Legal basisProperty Management Regulations》 Article 46 Property service enterprises shall assist in the safety precautions within the property management area. In the event of a safety incident, the property management service enterprise shall report to the relevant administrative department in a timely manner while taking emergency measures, and assist in the rescue work.
Where property management service enterprises hire security personnel, they shall comply with relevant state provisions. When maintaining public order in the property management area, security personnel shall perform their duties and shall not infringe upon the legitimate rights and interests of citizens.
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Do the math how much it will cost you to renovate your home
The strata company is not entitled to receive a deposit from the renovation company. Because the decoration is a personal act of the owner, as long as the decoration does not exceed the scope permitted by law, the property management company will not have the right to interfere. If the owner damages the interests of other owners or the property as a result of renovations, the property is entitled to claim compensation in this case.
According to the relevant provisions of China's property management law, the use of public buildings and common facilities built in accordance with the plan in the property management area cannot be changed. If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he or she shall go through the relevant procedures in accordance with the law and inform the property management service company; 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 approval, and the owners shall go through the relevant procedures.
Since the property management company is a service enterprise, it is an equal subject relationship with the owner, and accepts the entrustment of the owner, in accordance with the relevant laws and regulations or the contract, implements professional management of the property in a specific area and obtains the corresponding remuneration. The property management company does not have the right to unilaterally determine the rules and regulations of property management.
However, if the decision is passed by many people at the owners' meeting, or the property management contract signed between the property management company and the community property committee has the property management company for the owner to renovate the property company can collect the decoration deposit, and the decoration deposit needs to be collected before entering the decoration is allowed, this situation is reasonable.
Enter the area and get the decoration for free**].
Enter the area and get the decoration for free**].
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