-
It is not illegal to have inconsistent property fee standards in the same community. Because some communities are larger, the nature of land property rights may be different, so the use of housing is also different, therefore, the property fee may also be different. However, if it is the same property and the fee is too high, it is illegal and needs to be determined on a case-by-case basis.
Legal analysis
The property management service contract is a civil contract signed between the property management enterprise and the owner in nature, so the principle of freedom of contract should be followed, and the content of the contract should be freely agreed upon by the parties themselves. As the most important obligation of the owner of a paid contract (i.e., the most important right of the property management enterprise) is to pay the property management service fee, so the property management service fee should be agreed by both parties in the property management contract. However, there are restrictions on any freedom, and the freedom of contract is no exception, and this article stipulates several principles that the parties should follow when agreeing on property management service fees, as a restriction on the freedom to determine the service fees of property management contracts:
1. The principle of reasonableness. The principle of reasonableness refers to the fact that in the actual operation of property management, the interests of the property management enterprise should be fully considered when approving and collecting fees, which should not only be conducive to the value compensation of the property management enterprise, but also consider the economic affordability of the owner. The domestic property management market is still in the development stage, and the specific charging standards should be based on local conditions, based on the cost of property management services, and reasonably approved in combination with the service quality and service depth of the property management company, so that the owner's affordability is balanced with the actual level and service depth of property management; At the same time, it is necessary to fully consider the needs of different grades, different types of properties, different objects and different consumption levels, reflect the high quality and high price, fair and reasonable, and not comparable with each other.
Real estate development companies, property management companies, owners, and owners' committees must jointly abide by the principle of earmarking funds to ensure that the standardized operation of property management fees and the fundamental interests of owners are not harmed. 2. The principle of openness. The principle of openness requires property management companies to disclose service items and charging standards, standardize property management companies to provide special paid services to users, and implement clear pricing, regularly announce income and expenditure to owners, and accept the supervision of owners.
Legal basis
Property Management Regulations" Article 41 Property service charges should follow the principle of reasonableness, openness and the cost and service level to adapt to, distinguish the nature and characteristics of different properties, by the owners and property management enterprises in accordance with the property service charges formulated by the competent department of ***** in conjunction with the construction administrative department, agreed in the property service contract.
-
Since it is the same building, the standard of charging the property management fee should be the same, and the property fee should be charged according to the unit price multiplied by the area, otherwise it is unreasonable.
As a property owner, you can go to the Property Division of the Housing and Urban-Rural Development Bureau to file a complaint.
-
The property management fee is charged according to the size of the property. In general, there are different types of houses in the same building. There are 3 bedrooms and 1 living room, there are 2 bedrooms and 2 living rooms, there may also be 2 bedrooms and 1 living room, and even the corner area can be designed with 1 bedroom and 1 living room.
-
Legal analysis: The formulation of property management fee standards in the community is related to many factors such as the qualification of the property management company, community health, equipment, public facilities, greening, etc., and if the interval between rooms is relatively long, there may indeed be different charging standards in the same community. As long as it meets the ** set by the property management fee standard of the community, it is generally not a violation.
Legal basis: Article 944 of the Civil Code of the People's Republic of China 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 service provider may urge the owner 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. Property service providers shall not stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.
-
Summary. Hello, dear. Here's the answer to your question:
Illegal, since it is the same building, then the standard of charging the property management fee should be the same, and the property fee should be charged according to the unit price multiplied by the area, otherwise it is unreasonable.
As a property owner, you can go to the Property Division of the Housing and Urban-Rural Development Bureau to file a complaint.
Hello, dear. The answer to your question is as follows: it is not legal, since it is the same building, then the charging standard of the property management fee should be the same, and the property fee should be charged according to the unit price multiplied by the area, otherwise it is unreasonable.
As a property owner, you can go to the Property Division of the Housing and Urban-Rural Development Bureau to file a complaint.
-
In the same community, the same property company provides services, but the property charging standards are very different, and this practice of Courtyard Property Management Company has been questioned by many owners in the community.
In the second half of 2007, Mr. Chen moved into a new house in the Sunshine 100 community in the south of the provincial capital. Now more than half a year has passed, and he has been refusing to pay the property fee because of the problem of the charging standard. "The owners of the first phase of the community, areas A, B, and C all pay property fees according to the construction area of the suite of 9 cents per square meter, but the property requires the owners of our areas D, E, and F to pay the property fee according to the construction area of the house, and it is 1 yuan per square meter.
are all in the same community and receive the same property company's town services, why do we have to pay more than others? Mr. Chen couldn't figure it out.
Several owners living in the first phase of Area A said that when they first moved in, the contract stipulated that they should pay the property fee of 1 yuan per square meter of the construction area of the house, because the supporting facilities of the community were not perfect at that time, so the property was actually charged at 3 cents per square meter. Later, the property unilaterally changed the property fee standard to be charged according to the floor area of the house, and as a result, the property and the owner went to court over the matter, and finally the two reached an agreement through negotiation. So far, there are two different property fees in the community, and many owners have expressed incomprehension and refused to pay the property fees.
In fact, the work attitude of our community security guards and cleaning staff is still more serious, we don't want to pay property fees, but we have to pay money clearly, and the property fee standards should at least be unified. Many property owners who refused to pay property fees also said.
According to the staff of Courtyard Property Management Company, the property fee charging standards for the three districts A, B and C in Phase 1 are set in accordance with the property fee agreement with the owner, while the property fee in other districts is also charged according to the contract.
The relevant departments of the Price Bureau said that if Guan Wu collects property fees from the community property company, the ** department can only provide guiding opinions.
-
Summary. If the neighborhood is inside, there are different building types. For example, terraced houses, stacked houses or multi-storey commercial houses can be formulated according to different building types, and the specific ones are agreed upon by the property committee and the property management company.
The Owners' Committee is elected by all the owners and implements the decisions of the owners' general meeting. Therefore, as long as the signed contract complies with the procedures, it represents the agreed fee standard and the will of the vast majority of owners, that is, the agreement is legal and valid.
The property fee standard of the same community is different.
If the neighborhood is inside, there are different building types. For example, townhouse handymen, stacked houses or multi-storey commercial houses can be formulated according to different building types, and the specific agreement between the property committee and the property management company can be made. The Owners' Committee is elected by all the owners and implements the decisions of the owners' general meeting.
Therefore, as long as the signed contract complies with the procedures, it represents the agreed fee standard and the will of the vast majority of owners, that is, the agreement is legal and valid.
The property fee has not been signed, and it is collected at the door, and then the receipt is issued.
If the neighborhood is inside, there are different building types. Then the property charges can be different.
-
Summary. Hello, glad to answer for you. Depending on the function of use, properties can be divided into the following five categories:
Residential, commercial, industrial, ** and other properties. The management of properties with different functions has different contents and requirements. Residential property refers to buildings with residential functions for people to live in, including residential quarters, single residential buildings, apartments, villas, resorts, etc., as well as supporting common facilities, equipment and public spaces.
In the same community, the house area is the same, and the property charges are different, is it allowed?
Hello, glad to answer for you. The same area of the house is the same, and the property charges are different.
Hello, I'm glad to answer for you. According to the different functions used, properties can be divided into the following five categories: residential properties, commercial properties, industrial properties, ** properties and other purpose properties.
The management of properties with different functions has different contents and requirements. Residential property refers to the buildings with residential functions for people to live in, including residential quarters, single residential buildings, apartments, villas, resorts, etc., as well as supporting common facilities, equipment and public spaces. Loss.
As a special type of store, in my personal opinion, funeral stores should be opened in relatively remote locations in the city. Even if it is opened around the community, it should be opened in a place that the owner does not pass by often. >>>More
The original "mountain view house" in a community in Liuzhou, Guangxi Province has become a "tomb view house", so how did the developer respond to this? For the continuous complaints of the owners, the developer said that at the beginning of the construction of the project, there were no graves found on the opposite mountain, but when the progress of the project reached a certain period, it was found that there were graves on the opposite mountain, and he also expressed his helplessness, and would find a way to notify the families of the graves to get their consent, and then all the graves were moved, but it was difficult for the families of some graves to get contact, so they were helpless for a while, and they could only try to find more grave families. And I promise that this problem will be solved. Although the developer said so, the owners are definitely not happy, and people don't know how long it will take to solve the problem, so it has been consumed, and every day when the windows are opened is the grave, who would want to. >>>More
Recently, the news that a dragon and phoenix fetus was admitted to the same university and the same major has attracted widespread attention. The odds of this coincidence happening every year are very small, and it naturally arouses everyone's interest. They themselves also responded on the day of the report, both of them like the major of computer science and science very much, and the college entrance examination scores are about the same, and now they can be companions and take care of each other on the same campus, and their parents can be more assured. >>>More
Haha, like me, it's a mistake that I like, I got my first job at the beginning of the year, and I make small mistakes every day, but my boss and colleagues are very good, they don't blame me every time, let me pay attention next time. I would make mistakes about the same thing all the time, and then I felt embarrassed to ask someone else to help me deal with it. Even now I'm slowly learning to be careful and believe in myself.
This is normal. For example, if you buy a personal commercial house in the same building. The property rights are yours to own. >>>More