What are the national regulations on the charging standards for property management services?

Take Shenzhen as an example:

Shenzhen Property Management Service Charge Management Regulations.

Article 1 in order to standardize the city's property management service charges, protect the legitimate rights and interests of owners and property management enterprises, and promote the healthy development of the property management industry, according to the relevant provisions of management and property management, combined with the actual situation of our city, these provisions are formulated.

Article 2 These provisions apply to property management enterprises that have obtained business qualifications to provide property management services for residential, office, industrial, commercial and other properties in the city.

**These provisions shall apply to the property management service charges of quasi-cost housing, full-cost housing, full-cost low-profit housing, social low-profit housing, affordable housing, etc.

Article 3 The property management service charges mentioned in these provisions refer to the fees charged to the owners of the property management enterprises in accordance with the provisions of the property management service contract, the maintenance, operation and management of the houses and supporting common facilities and equipment and related sites, and the maintenance of environmental sanitation and order in the relevant areas.

Fourth property management service charges should follow the principle of legality, openness and the cost of service to adapt to the level of service.

Article 5 The property management service charges of residential properties shall be subject to the first guide price. Owners and property management enterprises shall, in accordance with the municipal authorities and the municipal property management administrative departments announced the guidance standards in the property management service contract agreed on the charging standards.

The property management service charges for non-residential properties shall be subject to market adjustment prices, and the owners and property management enterprises shall negotiate and agree on the charging standards in the property management service contract.

Municipal authorities shall, in conjunction with the municipal property management administrative departments, regularly issue guidance standards for residential property management service charges.

Article 6 When a construction unit sells a property, it shall clearly indicate to the property buyer the standard of the property management service fee in the early stage.

When the construction unit signs the sales contract with the property buyer, it shall clarify the property management enterprise, service content, service standards, charging standards, billing methods and billing start time. Where the common interests of the property buyer are involved, the relevant agreements shall be consistent.

The cost of property management services before the property is moved in shall be borne by the development and construction unit.

Article 7 property management service charges can take the form of remuneration system or lump sum system.

The remuneration system refers to the remuneration paid to the property management enterprise according to the agreed proportion or the agreed amount of the property management service fee collected in advance, and the rest is used for the expenditure agreed in the property management service contract, and the balance or deficiency is enjoyed or borne by the owner.

In order to further standardize the property service charges, improve the transparency of property service charges, safeguard the legitimate rights and interests of owners and property management enterprises, and promote the healthy development of the property management industry, these provisions are formulated in accordance with the "People's Republic of China ** Law", "Property Management Regulations" and "Provisions on the Implementation of Clearly Marked Prices for Goods and Services".

Property management enterprises providing services to owners (including providing property services in accordance with the property management service contract and providing services other than those agreed in the property management service contract according to the owner's entrustment) shall, in accordance with these provisions, clearly mark the price, indicate the service items, charging standards and other relevant circumstances.

1. Will I be sued if I don't pay the property fee?

The property management fee is the fee charged by the property management company when the property management of the community, and the property management fee is generally paid after the purchase of the house. If the property management fee is in arrears, the property management company will sue the owner who has not paid the fee. The property sues the owner for not paying the fee, and the result of the lawsuit is to make up the property fee.

According to the provisions of the Property Management Regulations, the owner shall pay the property service fee in accordance with the property service contract. If the property service contract is violated and the property service fee is not paid or refused to be paid within the time limit without justifiable reasons, the owners' committee has the right to urge it to pay within the time limit; If the payment is still not made within the time limit, the property management enterprise may file a lawsuit with the people's court. The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Property Management Service Disputes further stipulates that if the property owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period of time after a written reminder, the people's court shall support the property management service enterprise's request for the owner to pay the property management fee.

Where a property management service enterprise has already provided services in accordance with the contract and relevant provisions, and the owner only uses the defense that he has not enjoyed or does not need to accept the relevant property management services, the people's court will not support it. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will be liable for breach of contract to the property management company and bear all the adverse consequences caused by losing the lawsuit.

2. Consequences of refusal to pay strata fees.

According to the provisions of the Property Management Regulations, the owner shall pay the property service fee in accordance with the property service contract. If the property service contract is violated and the property service fee is not paid or refused to be paid within the time limit without justifiable reasons, the owners' committee has the right to urge it to pay within the time limit; If the payment is still not made within the time limit, the property management enterprise may file a lawsuit with the people's court. If the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management company and bear all the adverse consequences caused by losing the lawsuit.

However, the owner may refuse to pay the property fee in the following situations: 1. The service quality provided by the property management company does not meet the standards agreed in the contract; 2. The property management company expands the scope of charges, raises the charging standards, or repeatedly charges without authorization; 3. The property management company increases the fee items without the permission of the owner. If the service provided by the property management company does not meet the standard agreed in the contract, it means that the service quality is not in place.

If there is a problem of discrepancy between the quality of service and the charge, the owner can directly negotiate with the property management company through the owners' committee, and even hire other property management companies to manage the community according to the contract.