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The matter of the establishment of the owners' committee is actually vaguely described in the Property Management Regulations, that is, it can be established or not, especially in the upcoming Property Law, which also makes this clear, so whether or not to establish an owners' committee (owners' meeting) is not a necessary condition.
However, local regulations vary from place to place, and generally stipulate that when 10% of the owners put forward the need to set up a general meeting of owners, the local ** department (sub-district office) should give assistance and guidance. For your current situation, you can contact some more owners, sign and submit them to the local neighborhood office and the relevant departments of the housing bureau, and ask them to organize the establishment.
Therefore, the establishment of the owners' meeting is not the key to the problem of the developer and the property, the key is to find the local ** department, so it is prudent to sue the property company or the developer for not assisting the owner to convene the owners' meeting.
If you don't pay the property management fee based on this matter, the property sues you and you are very likely to lose the lawsuit, which has been proven by countless cases.
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It is possible to form an owners' committee with the owners.
The property can't control you.
Later, the property was dismissed.
Property fees are generally paid on a commissioned basis.
Why should I pay annually?
This is not very clear whether the property has the obligation to set up an owners' committee. It's not very clear.
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Legal analysis: Generally speaking, it is necessary to pay carefully, and it can not be paid under the following circumstances:
1. For those who are not within the scope of the owner's payment, they can refuse to pay 2, the service quality is too poor and they can be temporarily refused to pay 3, and the owner has the right to refuse to pay when providing services that are not agreed upon or agreed by the owner.
Legal basis: Property Management Regulations
Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection and employment of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the facilities and equipment and related sites of the house and supporting facilities, and maintain the environmental sanitation and related order in the property management area.
Article 3 The State advocates that owners choose property service enterprises through an open, fair and just market competition mechanism.
The state encourages the adoption of new technologies and methods, and relies on scientific and technological progress to improve property management and service levels.
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1. Do I have to pay the property fee?
1. As long as the house has been delivered, regardless of whether the owner moves in or not, the property management fee must be paid, because the property company has already started to provide services. The property management company does not serve one or a few owners, but provides services to the entire community, and the contractual relationship between the property management company and the owners is a contractual relationship between the owners as a whole.
2. Legal basis: Article 938 of the Civil Code of the People's Republic of China.
The content of the property service contract generally includes the service items, service quality, service fee standards and collection methods, the use of maintenance funds, the management and use of service rooms, the service period, service handover and other terms.
The property service contract shall be in writing.
Article 4 of the Measures for the Administration of Property Service Charges.
The competent department in conjunction with the construction administrative department is responsible for the supervision and management of the national property service charges. The local people's competent departments at or above the county level shall, in conjunction with the real estate administrative departments at the same level, be responsible for the supervision and management of property service charges within their respective administrative areas.
Fifth property service charges should follow the principle of reasonableness, openness and the cost of service to adapt to the level of service.
2. The property fee is delayed for a few months at the latest.
The strata fee can be deferred until November at the latest, and cannot exceed December. Generally, you need to pay a one-year property fee when you check in for the first time, and you can choose one month, one quarter, six months, or a whole year according to the regulations. But no matter which method you choose, you must pay in advance, because the property company uses the property fee you pay to serve you.
If the property management service enterprise fails to pay the property fee within the time limit, it may file a lawsuit with the people's court if it still fails to pay within the grace period after being reminded, regardless of the amount and length of time of the property fee owed.
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Legal Analysis: According to the Property Management Regulations, it is a statutory obligation for property owners to pay property service fees on time. From a legal point of view, since the owner has reached an agreement with the property management company to pay the property fee when moving in, the owner should pay it unconditionally.
Legal basis: "Property Management Regulations" Article 44 In the property management area, water supply, power supply, gas supply, heat supply, communications, cable television and other units shall collect relevant fees from end users.
Where a property management service enterprise accepts the entrustment to collect money and fees on its behalf, it shall not charge the owner additional fees such as handling fees.
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Do the math how much it will cost you to renovate your home
Property fee is a fee that each community needs to pay, some community property fees are paid once a year, and some things are paid month by month. What is included in the strata fee? If you want to know more, you may wish to take a look with us!
1. Why do you need to pay the property fee?
1.Nowadays, any real estate project developed must recruit a property company before the first time, and a community real estate must have a property into the fiber to let the management, so the community with property must pay property management fees.
2.Because the property in the community provides property services for the householder, the owner should enjoy the high-quality service of the property in the community, so the owner has the obligation to pay the property management fee.
3.The operation of the property company also has the decision-making nature of the market, if the property company does not have the income of the property fee, it will cause the profit of the entire property company to decrease.
4.The payment of property fees has brought protection to people's quality of life, and the owners pay the property fees, and the security, garbage disposal, public equipment and community greening in the community will be managed, so as to improve the living environment of the owners.
2. What is included in the property fee?
The strata fee paid by the owner includes the repair, maintenance and management of the common facilities in the community.
Operational services for intelligent systems and equipment such as elevators.
Cleaning of environmental sanitation in the community and maintenance and management of green space and greening.
Property decoration and decoration management services.
Order service and management of vehicle driving and vehicle parking in the community.
Services and management of public order in the property management area of the community.
Inquiry service and management of property information in the community.
Other property management services agreed upon by both parties.
Summary: The above is to share with you why you should pay the property fee and what the property fee includes. I believe that you also have a corresponding understanding after reading the above sharing, if you need to know more about it, please continue to pay attention to Qeeka Home**, which will answer for you one by one.
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Have a grateful heart. Life is full of touching! Your question has been received, it will take a little time to type, please wait a moment and please do not end the consultation.
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I hope mine can solve your problem, and immediately sort out the answer for you, please wait for a while!
Hello, I am happy to answer for you. The property fee is paid because1 Because the property in the community provides property services to the owner, the owner has the obligation to pay the property management fee. 2 The property fee can bring quality assurance to people's lives, and the owner pays the property fee, and the facilities such as public security, garbage, public equipment and community greening in the community will be managed, so as to improve the living environment of the owner.
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Summary. Because the quality of the house has not been delivered, the property fee is paid by the developer; 2. If the property management company fails to perform the service responsibilities of the property contract, all owners can refuse to pay, but there must be evidence to prove it; 3. The service quality provided by the property management company does not meet the standards agreed in the property contract; 4. The property company does not have the original approval documents of the price management department; 5. The property management company increases the charging items, expands the scope of charging, and raises the charging standard without authorization. Article 41 of the "Property Management Regulations" stipulates that the owner shall pay the property service fee in accordance with 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. For properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit.
Can you add, I don't quite understand it.
Because the quality of the house has not been delivered, the property fee is paid by the developer; 2. If the property management company fails to perform the service responsibilities of the property contract, all owners can refuse to pay, but there must be evidence to prove it; 3. The quality of the service provided by the property company does not meet the standards agreed in the property contract; 4. The property company does not have the original approval documents of the price management department; 5. The property management company increases the charging items, expands the scope of charging, and raises the charging standard without authorization. Article 41 of the "Property Management Regulations" stipulates that the owner shall pay the property service fee in accordance with the agreement of the property management service Hebi Qitong. 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.
For the property that has been completed but has not yet been repented of, or has not been handed over to the property buyer, the property service fee shall be paid by the construction unit.
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See below for the included:
The salary, social insurance and welfare fees of management service personnel, the daily operation and maintenance costs of the common parts of the property and the common facilities and equipment, the cleaning and sanitation costs of the property management area, the greening and maintenance costs of the property management area, the order maintenance costs of the property management area, and the office expenses. >>>More
Chongqing Yingyong Law Firm.
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It should be paid. The strata fee is the cost incurred by the property management company to provide the property owner with public area services, regardless of whether the owner stays in the property service or not. Therefore, the property fee must be paid, but some local price departments have policies that can charge the property fee for vacant houses at a certain discount, and you can find the relevant documents of the local price department. >>>More
Notice of Demand for Strata Fee.
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