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The property company has the right to collect the owner's decoration deposit, if the owner does not remit money, the main structure cleans up the decoration garbage in a timely manner, after inspection, the decoration deposit is to be returned to the owner in a timely manner, if the property is not returned, the owner's transfer to the deposit, then it is the problem of the property, the owner can negotiate or complain to the superior authorities of the property, the Ministry of Housing and Urban-Rural Development at all levels, if it is really not possible, you can finally go to the court for litigation to solve.
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Personally, I think everything has to be empathetic, now most people are standing in the perspective of the owner, who will see and think, today's society, the property is moving forward in difficulty, while paying the price of hard service, it is not recognized, the property service company is also very helpless to collect the decoration deposit, in the construction process, it can be said that most of the decoration materials are damaged and stained over the corridor wall and elevator walls, and all the repairs are to the property to repair, clean, there is a concept here, Any community is not just a renovation, the new community is decorated a lot at the same time, so who will admit that they have destroyed the corridor wall and elevator? Who will take the initiative to repair walls and elevators? Should property service companies take on these responsibilities?
The public parts need to be maintained by all the owners, because the community is our common home, for the decoration deposit is only a binding force, pay attention to these problems in the construction process, dear, to admit that the property has become a vulnerable group, but the property is still serving you, I sincerely wish the owners a happy family, happiness and health.
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Decoration deposit, the property has the right to collect, because you are afraid of violating the rules when you decorate, but the owner has the right to return the deposit, if the property does not return the deposit, you can call the police to deal with it.
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If you don't have power, it's easy to do if you don't refund it, and you must be able to pay the property fee every year, just deduct the property fee.
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Legal analysis: It is possible to refuse to pay the decoration deposit, because the property management company's behavior of collecting the decoration deposit itself is a violation of the regulations, and the price department has not approved the property management company to collect the decoration deposit from the owner. The decoration deposit shall be returned to the owner within a certain period of time after the owner has completed the decoration and passed the inspection by the property management company.
If anyone (including the owner) changes the load-bearing structural wall of the original house or damages the public facilities of the community, the property management company has the right and must stop it, and the loss that has been caused shall be compensated according to the price.
Legal basis: Article 586 of the Civil Code of the People's Republic of China The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.
The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.
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Before the establishment of the owners' meeting, 70% of the parking income in community public places will be included in the special maintenance of the property**, 30% will subsidize the property service fee, and the use and management of the remaining operating income shall be agreed in the pre-property service contract by the development and construction unit and the property service enterprise in accordance with the regulations. After the establishment of the owners' representative meeting, the income shall be used in accordance with the decisions of the owners' representative meeting or the owners' committee authorized by the owners' representative meeting and the contract.
<> when the real estate qualifies for transfer, the co-owners of the real estate can transfer their share of the real estate to other co-owners. The following materials should be submitted when handling the transfer: real estate registration application form (can be filled in on the spot), the applicant's identity certificate, real estate ownership certificate, equity transfer agreement, deed tax payment certificate, etc.
According to Article 31 of the Implementation Measures for the Management of Real Estate Service Fees in Wuxi, the decoration deposit, the decoration personnel entry card and the fees charged by the real estate service enterprises for providing special services at the request of the property owners or users shall be determined by the two parties through negotiation according to the service content and service quality. The property management company can collect a certain amount of deposit or security deposit according to the relevant provisions of the property service contract and the renovation agreement to ensure that the owner carries out the standard decoration of the house. However, the current laws and regulations do not have specific requirements for the return time of the decoration deposit, and it is recommended to refer to the relevant provisions of the property service contract and the decoration agreement.
Otherwise, the parties may negotiate an agreement. If the property enterprise does not perform the contract or does not return the deposit for a long time, it can be reported to the property management department or the ** department and dealt with in accordance with the law.
When buying a house, the property owner will generally ask the owner to pay a so-called renovation deposit at the time of payment; However, there are no relevant regulations for the property to charge a decoration deposit, but the collection of a renovation deposit is only a deposit, not a fee. The decoration deposit paid by the owner must be in the payment, and the property company must be asked to issue a good receipt, preferably with a seal and signature. Under normal circumstances, the owner can notify the property acceptance after the renovation is completed, and the property management company should go to the inspection within 3 days and respond to the illegal behavior within 7 days.
Measures for the Management of Residential Property Service Fees: After the owner completes the decoration and is accepted by the property management enterprise, the decoration deposit shall be returned to the owner within 90 days from the date of acceptance.
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The property does not have the right to collect the owner's renovation deposit, and it is particularly unreasonable to refund it three months after the renovation.
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First of all, let's talk about the renovation deposit you pay The reason why the property allows the owner to pay the renovation deposit is mainly to protect the legal rights of other owners and keep them from being damaged. If the public facilities and equipment are damaged due to improper decoration and construction by the owner during the renovation period, the decoration deposit paid by the owner can be withheld for repair. The processing time is also different in each place.
Therefore, you should consult the property management department of your local housing authority.
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It is true that this fee will be charged, and as long as there is no damage after decoration, it will be refunded if it meets the decoration requirements.
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Summary. If the property does not refund the decoration deposit, we must first find out what the reason is, and we can go directly to the property office to consult the relevant staff. If there are irregularities in the decoration, violating the content of the agreement issued by the property, such as changing the original structure of the house, dismantling and altering the load-bearing wall at will, causing certain safety hazards.
If this is the case, the property has the right to deduct the renovation deposit, and then refund the decoration deposit after the owner has rectified it. In addition, during the renovation period, if damage is caused to the public equipment of the community, such as walkways, stairs, and intercom doors, these also need to deduct the corresponding decoration deposit for the maintenance of the equipment. If the above situations exist during the renovation, the property has the right to deduct the decoration deposit, and it is reasonable and legal.
The owner can only rectify it by himself, and then let the property be inspected, and after passing the qualification, the decoration deposit will be refunded.
If the property does not refund the decoration deposit, we must first find out what the reason is, and we can go directly to the property office to consult the relevant staff. If there are irregularities in the decoration, violating the content of the agreement issued by the property, such as changing the original structure of the house, dismantling and altering the load-bearing wall at will, causing certain safety hazards. If this is the case, the property has the right to deduct the renovation deposit, and then refund the decoration deposit after the owner has rectified it.
In addition, during the renovation period, if damage is caused to the public equipment of the community, such as walkways, stairs, and intercom doors, these also need to deduct the corresponding decoration deposit for the maintenance of the equipment. If the above situations exist during the renovation, the property has the right to deduct the decoration deposit, and it is reasonable and legal. The owner can only rectify it by himself, and then let the property be inspected, and after passing the qualification, the decoration deposit will be refunded.
If it is said that during the renovation period, the content of the agreement issued by the property has not been violated, and the property has been accepted and qualified. In this case, you can negotiate with the relevant staff of the property first to determine whether you are willing to return the decoration deposit. If you can't negotiate, you can protect your rights through the following three ways, one is to give feedback to the relevant departments of the local housing management bureau, the other is to report to the relevant real estate departments in the area, and the third is to sue the property in the community through legal channels and ask for a refund of the decoration deposit.
In addition, if you are in a community and the property is suddenly replaced, the new property management company refuses to return it. You can bring the renovation agreement, seek the help of the owners' committee of the community, coordinate with the property company, or feedback to the local real estate department for mediation and return the decoration deposit.
Hello, I am in this situation now, the factory I rented is no longer rented, and the sales department has been rented to others, but the property is unwilling to return our decoration deposit.
Can I complain to them in this situation?
Yes pro. They rent the factory to other people, and the property fee is also charged to other people, so the deposit should not be collected by the person who rents the factory, and our money should not be withheld.
Yes. Relatives can consult a lawyer for details.
Seek legal assistance.
Or complain to the relevant department.
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Summary. Dear, I'm glad to answer your <>
Legal analysis: The renovation deposit of the current owner before paying the property fee cannot be refunded, as follows:1
After the renovation is completed, the owner has taken over and used the house. This means that the quality and effect of the renovation have reached the agreed standards, and the owner has confirmed and accepted it. 2.
During the renovation process, there was no structural damage to the house or the safety of the house. If the damage caused during the renovation process needs to be repaired, the repair work needs to be completed first. 3.
The owner pays all the renovation payments and related costs. This includes <> such as renovation payments, fines for overdue works, liquidated damages, etc
Can't the renovation deposit of the current owner be refunded before the property fee is paid?
Dear, I'm glad to answer your <>
Legal analysis: The renovation deposit of the current owner before paying the property fee cannot be refunded, as follows:1
After the renovation is completed, the owner has taken over and used the house. This means that the quality and effect of the decoration have reached the standard agreed by the renovation, and the owner has confirmed and accepted it. 2.
During the renovation process, there was no structural damage to the house or the safety of the house. If the damage caused during the renovation process needs to be repaired, the repair work needs to be completed first. 3.
The owner pays all the renovation payments and related costs. This includes <> such as renovation payments, fines for overdue works and liquidated damages
After passing the acceptance, the reason for the refusal is that the current owner has not paid the property fee.
You can negotiate with the renovation company to request a refund of part of the renovation deposit, and then the current owner will pay off the remaining property fees and other expenses.
Legal basis: Article 5 of the "Measures for the Administration of Property Service Charges" shall follow the principles of reasonableness, openness, and the principle of proportionality between the cost and the level of service. Article 8 property management enterprises shall, in accordance with the provisions of the Ministry of Wang Zhenmen, implement a clear price, in a conspicuous position in the property management area, the service content, the service standards and charging items, charging standards and other relevant information for publicity and <>
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Summary. Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses:
1) The names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.
Hello dear, happy to answer your <>
The current owner's file code has not paid the property fee, the owner's decoration deposit can not be refunded, the property fee is Xingxiang which property fee, the decoration deposit is the decoration banquet deposit.
Legal analysis: If the decoration deposit is not refunded, it is generally not possible to refuse to pay the property fee. The failure to refund the deposit and the payment of the property fee are two different things, which need to be dealt with separately, and the liability of the parties should be determined according to the agreement in the contract.
You can't refuse to pay the property fee because the deposit has not been refunded.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties and generally include the following clauses: (1) the names and addresses of the parties; Zhenggao (2) target; (3) Quantity; (4) Quality; (five-hand roll) price or remuneration; Bi Qingyu (6) the time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
The parties may conclude a contract with reference to the model texts of various types of contracts.
But I told the property that they didn't agree, and which law enforcement agency should I report to.
Kiss Hope you can solve it smoothly
What does the property say?
Is the decoration deposit not refunded on the grounds of non-payment of property fees?
Yes. Kiss whether you are a former owner or a current owner.
Former owners. The deposit is made by us.
Have you communicated with the current owner? Why didn't he pay the strata fee?
The reason for the non-return of the property is that the current owner has not paid the property.
After communicating, he said that he had no time, and he had not passed recently.
If the current owner cooperates with you to pay the strata fee, then there is no reason for the property not to refund your deposit, you can wait. If you don't want to wait, you can complain to the Property Management Department of the Local Real Estate Management Bureau, the Price Bureau and other relevant departments to make a written complaint.
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