Is it legal to charge property management fees and public maintenance funds at the same time?

Of course it's legal. There is no conflict between the property management fee and the public maintenance fee** (now renamed as the Special Maintenance Fund).

Article 7, the owner in the property management activities, to fulfill the following obligations: (5) pay the property service fees on time.

Article 42, the owner shall pay the property service fee in accordance with the agreement of the property management service contract.

According to the national judicial interpretation, property management refers to the activities of the owner to repair, maintain and manage the house and supporting facilities and equipment and related sites in accordance with the property service contract through the selection and employment of a property management service enterprise, and to maintain the environmental sanitation and related order in the property management area. The property service fee refers to the costs, taxes and corporate profits required by the property management company to complete the above activities. The charger and user of the property service fee is the property management company; The nature of the fee is a long-term service fee, which is generally calculated and charged on a monthly basis.

The public maintenance** (special maintenance fund) is different from the property service charges. The special maintenance fund is a national fee.

Charging basis: "Measures for the Management of Special Residential Maintenance Funds".

Article 7 The owners of commercial residential buildings and non-residential owners shall deposit special residential maintenance funds according to the construction area of the property they own, and the amount of special residential maintenance funds deposited in the first phase per square meter of construction area shall be 5% to 8% of the cost per square meter of local residential construction and installation projects.

The recipient of the special maintenance fund is the national real estate and construction department (mostly the housing authority or the housing and urban-rural development bureau), and the user is all owners or owners' committees. The special maintenance fund is a one-time fee, which is paid in a lump sum when the owner goes through the delivery procedures. Unless the existing special maintenance funds are not enough for the maintenance and renewal of the house or public equipment and facilities, it will not be collected again.

Legitimate. Public maintenance is specially used for the common parts of the residence and the common facilities and equipment after the expiration of the warranty period, in addition to the normal operation of the maintenance and maintenance scope of the repair, overhaul and renovation and renewal projects. The property management fee is only charged for minor repairs and daily operation and maintenance of public facilities and equipment.

What is Public Repair**? Is there anything to do with strata fees? Many buyers are often confused about the difference between these two lack of dates, and the money cannot be given clearly, so it is important to distinguish the concept of these two expenses.

Public maintenance**, commonly known as "housing pension" and "overhaul funds", is specially used for the renewal and transformation of public parts of the property, public facilities and community public facilities and equipment after the expiration of the property warranty period, and shall not be diverted for other purposes. The property fee is the fee charged by the property owner and user to entrust the property management unit to carry out daily maintenance, repair, remediation and other services related to the life of residents in the residential area for the housing construction and its equipment, public facilities, greening, sanitation, transportation, public security and environment. Difference 1, the ownership of money and public maintenance** is paid in a lump sum before the real estate certificate, temporarily stored in the owners' committee, but if there is no owners' committee, it will be kept by the housing authority.

No matter where it is placed, the money belongs to the owner, and the owner has the right to use it. The strata fee is charged by the strata company on a monthly basis, and the money belongs to the strata company. While enjoying the services of the property management company, the owner is obliged to pay the property fee on time.

2. The use process of public maintenance**, you need to apply to the owners' committee when using, but you need to seek the consent of two-thirds of the owners, and the approval procedures are quite complicated. To say that the body of the Fu people is demolished, the maintenance of the body of a certain building can only be used for a certain building, and the consent of the owners' committee or two-thirds of the owners of the building must be obtained when using it. The use of the property fee is decided by the property management company, of course, if the public area of the daily community needs to be repaired, it only needs to be registered with the property management registration office, and the property management company personnel can repair it within the specified time.

3. Scope of use Public maintenance ** is generally used for large-scale maintenance such as roof waterproofing, elevator overhaul, exterior walls, etc., and daily maintenance is not allowed to be used, and the general quality of the house is almost 15 20 years old. Property fees are generally used for cleaning and sanitation costs, greening maintenance costs, order maintenance costs, daily operation and maintenance costs of property common facilities and equipment, etc., which belong to daily maintenance costs.

There is no conflict between public maintenance** and strata fees. Because the strata fee is charged by the strata company and is used for daily strata services. The public maintenance** is a national fee, which is used for expenses such as medium repair, overhaul and equipment renewal after the community exceeds the warranty.

The two charging entities are different and have different purposes. The two fees are also not rushed, and they can also be charged at the same time.

How to deal with property management fee disputes.

1) Buyers can take the following measures to avoid disputes:

1. When signing the property management convention, the terms of the relevant fees should be carefully reviewed, and if there is unreasonable, it can only be signed after negotiation and modification.

2. Establish a property management committee as soon as possible, sign a property management contract, and standardize and restrain the behavior of both residents and management.

2) After a dispute arises, the following measures may be taken to resolve it:

1. The owner or user can report to the community property management committee, and the management committee and the property management company will negotiate and solve the problem.

2. If it cannot be resolved through negotiation, the relevant charging standards are approved by the price department, and the owner, user or management committee may request the price department to re-approve, and the price department can re-approve it according to the actual cost of property management, combined with its service content, quality, depth and the opinions of users.

3. If the property management company thinks that the relevant cost standard is too low, it shall not raise the price without authorization, on the one hand, it can raise the price after reaching a consensus with the management committee, and on the other hand, it can ask the price department to adjust its standard according to the changes in the relevant costs.

What is not included in the strata fee?

Generally speaking, the property fee does not include the cost of repairing the interior of the owner's residence, that is, the maintenance of facilities and equipment within the owner's entrance door. For example, if the owner's home has broken lights, broken electrical circuits, broken water taps, etc., these problems are not owned by the property management, because the property is not responsible for repairs. If the owner asks the property to help with the repair, the property can provide paid maintenance services.

Moreover, the strata fee does not cover various problems caused by the quality of the house, such as water leakage, water seepage, cracks, etc. If it is within the warranty period, the developer is responsible for the maintenance, and if it is a common part, it can be repaired by the owner, but if it is a non-common part, the owner needs to be personally responsible for maintenance.

In addition, the property fee does not include the cost of major and medium repairs and renovation of the owner's common facilities and equipment. These costs can also be covered by home repairs**.

Public maintenance closure** is not a property fee, the property fee is the service fee paid by the owner to the property management company, and this money belongs to the property management company. Public maintenance is paid in accordance with the provisions of the Ministry of Construction's "Management Measures for the Maintenance of Common Facilities and Equipment in Common Residential Parts", and is the maintenance and maintenance of public parts and common facilities and equipment of residential buildings.

What is the issue with the payment of repairs**?

According to the provisions of Order No. 165 of the Ministry of Construction and the Ministry of Finance "Measures for the Management of Special Residential Maintenance Funds":

1. The owners of commercial residential buildings and non-residential owners shall deposit special residential maintenance funds according to the construction area of the property they own, and the amount of special maintenance funds for the first phase of residential buildings per square meter of construction area shall be 5% to 8% of the cost per square meter of local residential construction and installation projects.

The competent departments of construction (real estate) of the people's governments of municipalities, cities and counties shall, according to the situation of the region, reasonably determine and announce the amount of special maintenance funds for the first phase of residential buildings per square meter of construction area, and adjust them in a timely manner.

2. In the case of public housing, special residential maintenance funds shall be deposited in accordance with the following provisions:

1) The owner shall deposit the special maintenance fund for the residential according to the construction area of the property he owns, and the amount of the special maintenance fund for the first phase of the residential building shall be 2% of the cost price of the local housing reform per square meter of construction area.

2) The sales unit shall withdraw the special residential maintenance funds from the sales proceeds in a lump sum according to the sales price of multi-storey residential buildings not less than 20% of the sales price and high-rise residential buildings not less than 30% of the sales price.

How do you count public repairs**?

Under normal circumstances, the collection standard of public maintenance ** is determined by the local real estate administrative departments according to the local reality, which is paid in accordance with the proportion of 2% and 3% of the total purchase price of the buyer, and the public maintenance ** collected belongs to the common ownership of all owners of the community, which is not counted in the sales income of the house.

On February 1, 2008, the relevant departments implemented a new standard method for public maintenance**, which was previously paid at 2% and 3% of the total housing price, and was updated to: multi-storey residential buildings pay their public maintenance at 100 yuan per square meter**; The high-rise cast-in-place structure is 150 yuan per square meter; high-rise frame shear structure 200 yuan; Depending on the cost of residential building installation, its public maintenance** will vary.

The differences between housing public maintenance** and property fees are: 1. Housing public maintenance** belongs to the owner, and the property fee belongs to the property company; 2. The owner's use of housing maintenance** needs to go through layers of approval, and the use of property fees only needs to be registered with the property management registry; 3. Housing maintenance is generally used for large-scale maintenance, and property fees are generally used for the daily operation and maintenance of facilities and equipment.

[Legal basis].

Article 7 of the Property Management Regulations shall fulfill the following obligations in the property management activities: (1) Pay special maintenance funds in accordance with the relevant provisions of the State; (2) Pay the property service fees on time; (3) Other obligations provided for by laws and 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 property management 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.