Is the property company entitled to take a deposit from the renovation company?

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**].

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.

Legal basis: Property Management 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.

Article 36 When a property management service enterprise undertakes a property, it shall go through the property acceptance formalities with the owners' committee, and the owners' committee shall hand over the materials provided for in the first paragraph of Article 29 of these Regulations to the property management service enterprise.

Article 56 In violation of the provisions of these Regulations, the construction unit of residential property does not select and hire property management service enterprises through bidding or without approval, and adopts the agreement to select and hire property management service enterprises, the local people's ** real estate administrative department at or above the county level shall order corrections within a time limit, give a warning, and may impose a fine of less than 100,000 yuan.

Legal analysis: It is legal for the property to collect a decoration deposit: if the property management company decides to collect a decoration deposit without authorization, it is unreasonable to allow the decoration to be allowed to enter the decoration only after the decoration deposit is collected.

However, if it is a decision approved by the majority of the owners' meeting, or if the property management contract signed between the property management company and the property committee of your community has the owner to renovate, the property company can collect a decoration deposit.

Legal basis: Article 53 of the "Property Management Regulations" The owners of residential properties, non-residential properties in residential communities or non-residential properties connected to the structure of a single residential building shall pay special maintenance funds in accordance with the relevant provisions of the State. The special maintenance funds belong to the owner, and are specially used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the property warranty period, and shall not be diverted for other purposes.

Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department in conjunction with the financial department.

When the owner decorates, he needs to report to the property and pay a certain deposit at the same time, and it is legal for the property to collect a deposit, so as to prevent the owner from violating the decoration.

After the owner completes the renovation and the property is accepted, the deposit will be returned to the owner, and if the owner has illegal decoration, the deposit will not be returned.

The property collects a decoration deposit in order to standardize the owner's construction in accordance with the specifications when decorating, which is allowed by national regulations. However, if there is no illegal construction after the owner's renovation, the property does not refund the decoration deposit, which is illegal and belongs to unjust enrichment.

In addition, even if the owner has illegal demolition and alteration, the property has no right to seize the decoration deposit, and the property only has the right to supervise and not punish the owner's decoration. For illegal demolition and other acts, should be punished by the administrative department of urban real estate.

Hello, I am a cooperative lawyer of Legalis, and I am happy to serve you.

The first thing we need to figure out is whether the act of decorating is a matter within property management or something outside property management. If it is a property management matter, if the property service contract already contains the obligation of decoration management, then it is obviously unreasonable to charge decoration management fees, because the owner has already paid the management fees, which is a duplicate charge. If it is not included in the agreed service content of property management, it can be considered as an additional service outside the contract, and it should be chargeable.

However, as an additional service, the standard of decoration management fee should also be agreed by both parties. If there is no agreement between the two parties, the property management company shall charge a management fee for the decoration behavior, and shall also obtain the approval document of the price administrative department in accordance with the law.

3. Regarding the collection of decoration management fees, Article 16 of the Administrative Measures for Residential Interior Decoration stipulates that the decorator, or the decorator and the decoration enterprise, shall sign a residential interior decoration management service agreement with the property management unit. Residential interior decoration management service agreement shall include the following: (VII) management service fees; If you don't sign an agreement, there is no basis for charging, and it is not legal.

Answer: Article 143 of the Civil Code stipulates that a civil juristic act is valid if the following conditions are met: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

The 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 collection of decoration deposits.

The property does not have the right to require the owner to pay the property decoration deposit, but the law gives the property management company the right to manage the decoration and use of the property, and the illegal decoration can be stopped, and reported to the relevant administrative department.

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It's not conventional, you can look at the decoration manual or the temporary management agreement, there are clear agreements.

Strictly speaking, the property is not entitled to any deposit. Scramble code.

Summary. Legal basis: Article 50 of the Property Management Regulations of the People's Republic of China shall not change the use of public buildings and common facilities constructed in accordance with the plan within the property management area.

If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management service enterprise after going through the relevant formalities in accordance with the law; If a property management service enterprise really needs to change the use of public buildings and common facilities, it shall be submitted to the general meeting of owners for discussion and approval, and the owners shall go through the relevant formalities in accordance with the law.

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According to the data query, the property management company is not authorized to collect the renovation deposit.

According to the law: Article 50 of the "Property Management Regulations of the People's Republic of China" shall not change the use of public buildings and common facilities built in accordance with the plan in the property management area. If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management service enterprise after handling the relevant renewals in accordance with the law; If the property management service enterprise really needs to change the use of public buildings and common facilities, it shall be submitted to the general meeting of owners for discussion and decision, and the owners shall go through the relevant formalities in accordance with the law.

The property management company does not have the right to collect a deposit for repairs. Renovation is the owner's business, and within the scope of the law, the property company has no right to interfere with the chain sale. 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.

Article 50 of the Property Management Regulations of the People's Republic of China shall not change the use of public buildings and common facilities in accordance with the planning and construction within the property management area. If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management service enterprise after going through the relevant formalities in accordance with the law; If the property management service enterprise really needs to change the use of public buildings and common facilities, the shack shall be submitted to the owners' general meeting for discussion and decision, and the owners shall go through the relevant formalities in accordance with the law.