Many properties have to charge the owner a renovation deposit, is it legal?

The owner only needs to fulfill the obligation to inform the property management company about the renovation matters, and does not need to pay any fees. The collection of decoration deposit is an arbitrary charge, and the property company and the buyer have established a legal relationship of property services, and the property company provides property services. Therefore, in the latter case, there is the right to request a refund of the deposit from the strata company; If the property management company refuses to return the property, it can protect its rights through litigation, but the specific litigation plan needs to be studied and determined in combination with relevant evidence.

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.

<>, because the owner must decorate the house after getting the key, in order to avoid some illegal decoration practices in the decoration, it is necessary to pay a part of the deposit to the property management company. After the renovation is completed, the property will be inspected and found that there is no problem, and the deposit will be returned to the owner. The benefits of collecting a decoration deposit are still more, in the decoration process, many owners will change the wall of the home at will, or destroy the building outside the building, if the decoration method is unreasonable, then the property company has the right to deduct all the decoration deposit.

Before the house is officially renovated, you need to go to the property management office of the community to apply for the decoration procedures, and at the same time you need to pay a part of the deposit, and the property company will also issue you a receipt, and you can officially decorate at that time. The reason why the property will charge a decoration deposit is mainly to ensure the safety of the community.

Before you renovate, you can go to the property management office of the community to consult, the staff will give you a detailed introduction, and you also need to go through the relevant procedures, pay a part of the deposit, and the property company will issue a receipt to you. If the owner and the property management company stipulate in the property management contract that the owner will pay the renovation management fee, then the owner must pay the management fee according to the contract; If there is no such agreement between the parties, then the property management company cannot charge the owner a renovation management fee.

Of course, illegal properties do not have any right to charge the owner other than the property fee, and the owner has the right to refuse to pay the fee.

I don't know if it's legal or not, but it's absolutely reasonable, otherwise if there is no decoration deposit, the owner will do it casually, and the community will not be messy, and the owner will still be constrained.

This practice is legal, because many owners have to take the elevator to transport some things up when they decorate the house, and collect a decoration deposit.

Personally, I don't think it's legal. Because there is no law that stipulates that our owners must pay a renovation deposit. I think it's the same, the property can be collected, but we can't be forced to pay.

This is not legal, because many owners have paid all the fees before, and there should be no additional charges.

This is not in accordance with the regulations, does not comply with the law, and the relevant departments have not put forward such regulations, and they can be complained about in such cases.

This is very legal, because many owners will change the structure of the house without permission when renovating, which can effectively avoid this situation.

Many properties charge a deposit from the owner for renovations, which is legal because it will prevent the owner from causing trouble to others when renovating.

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 provisions on the collection of decoration deposits, and now many places have issued regulations to determine that the collection of decoration deposits is illegal.

Article 46 of the "Property Management Regulations" stipulates that property management enterprises shall stop the violations of laws and regulations on public security, environmental protection, property decoration and use in the property management area, and report to the relevant administrative departments in a timely manner. After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.

It can be seen that the property does not have the right to require the owner to pay the property decoration deposit, but the law gives the property 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.

As far as I know, the "Property Management Regulations" of *** do not prohibit the property from charging decoration deposits, but the regulations of some provinces and cities prohibit it, and some provinces and cities say that it is prohibited unless there is an agreement in the property contract. You can pay specific attention to it according to the city you are in, and it feels like most of them still have to be collected now, and basically they are not refunded, and you will pay the property fee in advance when you return.

According to the relevant provisions of property management, property service enterprises shall not collect decoration deposits from owners, such as the community management regulations adopted by the owners' general meeting, such as the provisions.

There is no legal document that states that a property can collect a deposit for renovation by the owner. If you are a property management company, you can only try to collect it when you move in, but if the owner does not cooperate, you will not be able to come up with any basis for payment.

I'm a property owner, so I'm going to be blunt about it with my friends. The renovation deposit is not legal, but the property will definitely require you or the decoration company to pay under a different name, why? 1. I am afraid that your decoration company will damage public equipment and facilities; 2. Afraid that you will affect the rights and interests of neighboring owners; 3. Decoration company illegal decoration.

If conditions permit, it is best to ask the decoration company to pay this fee, because the purpose of paying this fee is to restrain the decoration behavior. It has little to do with the owner, and the illegal decoration is another story.

When the owner is decorating, if the property management company decides to collect the decoration deposit without authorization, it is unreasonable to collect the decoration deposit before entering the decoration room. 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 stipulates that the property management company can collect a decoration deposit, it is reasonable to collect the decoration deposit before entering the decoration company.

The property management company is a service enterprise, it is an equal subject relationship with the owner, it accepts the entrustment of the owner, in accordance with the provisions of relevant laws and regulations or the contract, the property in a specific area to implement professional management and obtain the corresponding remuneration. The property management company does not have the right to unilaterally determine the rules and regulations of property management.

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.

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

There is no provision in the law for "security deposit". Because it is not mandatory, the property has no right to charge it if the owner does not want to. However, the two sides can find a balance through negotiation and sign an agreement that both parties are willing to fulfill.

Those property management companies that pay a deposit to issue admission certificates to decoration companies violate the principle of free consumption by property owners as consumers and are violations. In addition, according to the provisions of the "People's Republic of China ** Law", the formulation and adjustment of ** is the responsibility of the competent department, and other departments have no right to make provisions on this without authorization.

The property can be either one-time ** or sporadically rented out, and consumed while circulating; Its value can be recovered in one lump sum or multiple times over a longer period of time. According to the relevant provisions of the Property Management Regulations of the People's Republic of China, the general meeting of owners has the right to decide on the selection and dismissal of property management enterprises. Before the owners and the owners' general meeting select and hire a property management enterprise, the construction unit shall sign a written pre-property service contract.

The term of the pre-property service contract can be agreed; However, if the term is not expired and the property management service contract signed by the owners' committee and the property management enterprise takes effect, the previous property management service contract shall be terminated.

Ancillary facilities refer to all kinds of common equipment, common facilities and related sites, greening, roads, etc. inside and outside the building, including the public parts of the building, such as foundations, load-bearing walls, columns, beams, floors, roof leakage and outdoor walls, halls, stairwells, corridors, etc., as well as public facilities and equipment, such as elevators, antennas, lighting, fire protection facilities, green spaces, roads, street lights, ditches, pools, wells, non-operating parking garages, public welfare cultural and sports facilities and houses used by common facilities and equipment.

It is not legal for the property to collect a repair deposit for the decoration hall. If the law does not clearly stipulate that it can be collected but the property management company still requires the payment of fees, it can be determined that the fees are arbitrary, and the owner has the right to refuse. However, if the owner and the property management company have agreed on the decoration deposit clause in the contract, it shall be handled in accordance with the agreement.

Article 40 of the Property Management Regulations shall follow the principle of reasonableness, openness and the adaptation of fees and service levels, distinguishing the nature and characteristics of different properties, and the property service enterprises shall be in accordance with the property service charges formulated by the competent department of ***** in conjunction with the competent administrative department of construction, and agreed in the property service contract. 42nd people's competent departments at or above the county level, in conjunction with the competent departments of real estate at the same level, shall strengthen the supervision of property service charges.