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When a strata company needs to renovate the whole or part of the property, they can choose to assign a professional renovation company to complete the task. But does this mean that the utility company can force the owner to choose a specific renovation company?
The answer is not necessarily.
First, utility companies often have the authority to manage common parts (such as stairwells, lobbies, elevators, etc.) to ensure that these areas meet safety and hygiene standards. In these cases, the utility company may work directly with the renovation company to ensure that the renovation work meets the appropriate standards.
However, renovation work carried out in the owner's private residence is different. While the utility company may provide advice and assistance with the renovation, the owner usually has the right to choose the renovation company and materials themselves. The utility company may stipulate certain renovation regulations or requirements, but this does not mean that the owner must choose a renovation company recommended by the utility company.
Although the strata company may choose to appoint a renovation company to complete the renovation work in the common areas, the owner has autonomy in choosing a renovation company in a private residence.
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Legal analysis: the property company and the owner belong to the management and service relationship, decoration belongs to the owner's own business, not you say who I choose, I will choose whom, in the same case, you have your own choice, there is no forced sale and forced buying, free reciprocity, if the property has to be mandatory to let the designated decoration company to do, you can choose to retain evidence, sue the property to deprive the owner of the right to choose and trade freely.
Legal basis: "Residential Interior Decoration Management Measures" Article 19 property management units are prohibited from assigning decoration enterprises to decorators or forcibly selling decoration materials. In the decoration activities, which decoration company to choose, what kind of decoration materials to use, this is determined by the decorator himself.
As long as the company or material selected is qualified and in line with the national industry standards, it is legal. The owner should actively assert and maintain his legal rights in accordance with the law, and must have the courage to defend his rights and never compromise on the decoration company that the property management unit compulsorily designates.
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Legal Analysis: Renovations must be approved by the property. According to the relevant national laws and regulations, it can be known that the owner has the right to decide whether to decorate his house, but the premise is that the property management company must be notified in advance and declare for registration, and the property management company needs to inform the owner of the prohibited matters and matters to be paid attention to in the decoration process.
Legal basis: Article 52 of the "Property Management Regulations" If the owner needs to decorate and decorate the house, he shall inform the property management service enterprise in advance. Property management service enterprises shall inform the owners of the prohibited acts and precautions in the decoration and decoration of the house.
Residential interior decoration management measures 13th decorator before the start of residential interior decoration projects, should be to the property management enterprise or housing management agency (hereinafter referred to as the property management unit) to declare registration. Residential users who are not the owners shall obtain the written consent of the owners when they decorate and decorate the interior of the dwelling.
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The property management unit shall not arbitrarily appoint a renovation company to carry out the renovation of the dwelling. Before the commencement of the residential interior decoration project, the decorator shall declare and register with the property management enterprise or the housing management agency, and the property management enterprise shall not appoint the decoration enterprise to the decorator.
1. Does the property with decoration violations have the right to deduct the security deposit?
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 report to the relevant administrative departments in a timely manner for violations of laws and regulations on public security, environmental protection, property decoration and use in the property management area.
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 has no right to require the owner to pay the deposit for the decoration and repair of the property, 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.
2. Does the property have the right not to allow renovation workers to enter the site?
The property has the right not to allow renovation workers to enter the site. The property has the right to stop and report the behavior that causes noise or pollutes the environment within the property management area. However, renovation will inevitably produce noise and pollution, and the property may not be able to communicate well to prevent workers from entering the site, and notifying the property before renovation can effectively avoid such problems.
The property management unit shall implement management in accordance with the residential interior decoration management service agreement, and if it is found that the decorator or decoration enterprise has changed the main structure of the house or demolished, altered or built temporary facilities without the approval of the relevant departments, it shall be stopped immediately.
3. What fees do you need to pay for handing over the house?
The fee to be paid at the time of handover includes:
1. Housing maintenance**, housing maintenance** includes special housing public facilities ** and housing body maintenance**;
2. It is indispensable to pay deed tax when buying a house, and the payment of deed tax is often proportional to the real estate **, which is charged according to the specific standards stipulated by the state, and there is generally no dispute;
3. Property management fees, the payment of property management fees is highly controversial, under normal circumstances, the owner will start to pay the property management fee after receiving the house;
4. When the owner gets the house and starts to decorate, he needs to pay a deposit in advance, that is, if the decoration worker destroys the property facilities and equipment and causes property losses to others, he can pay with the deposit.
Article 15 of the Administrative Measures for Residential Interior Decoration and Decoration.
The property management unit shall inform the decorator and the decoration enterprise entrusted by the decorator of the prohibited acts and precautions of the residential interior decoration project. Before decorating and decorating the dwelling, the decorator shall inform the neighbors.
Article 19. It is forbidden for property management units to appoint decoration enterprises or forcibly sell decoration materials to decorators.
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Summary. Yes, but it is necessary to pay attention to some laws and regulations, the property company needs to meet certain conditions to establish a decoration company, first of all, to meet the requirements of relevant national laws and regulations, then to meet the requirements of the property company, and finally to meet the requirements of the decoration company, such as qualifications, funds, technology, personnel, etc. In addition, the property company also needs to ensure the safety, quality, and service of the renovation company to ensure the normal operation of the renovation company.
In short, it is feasible for a property company to set up a renovation company, but certain conditions must be met to ensure the normal operation of the decoration company.
Yes, but it is necessary to pay attention to some laws and regulations, the property company needs to meet certain conditions to establish a decoration company, first of all, to meet the requirements of relevant national laws and regulations, secondly, to meet the provisions of the property company, and finally to meet the requirements of the buried repair company, such as qualifications, funds, technology, personnel, etc. In addition, the property company also needs to ensure the safety, quality, and service of the renovation company to ensure the normal operation of the renovation company. In short, it is feasible for the property company to become a Shenli decoration company, but certain conditions must be met to ensure the normal operation of the decoration company.
You've done a great job! Can you elaborate on that?
Yes, but be aware of some non-amusable laws and regulations. The establishment of a decoration company needs to comply with relevant national laws and regulations, such as the Enterprise Law of the People's Republic of China, the Judiciary of the People's Republic of China, etc. It also needs to meet certain qualification requirements, such as qualification certificates, business licenses, tax registration certificates, etc.
In addition, the decoration company also needs to have certain technical capabilities, such as professional decoration technicians, equipment, materials, etc. These are all necessary conditions for the establishment of a renovation company. Finally, before the establishment of the decoration company, it is best to do sufficient market research to understand the local decoration market situation in order to better serve customers.
Personal tips: Before the establishment of a decoration company, it is necessary to fully understand the local decoration market in order to better serve customers, and to comply with relevant national laws and regulations, meet certain qualification requirements, and have certain technical capabilities.
Your house doesn't know if it's new or old? The warranty period for waterproofing the house is 5 years, starting from the delivery of the house, and the responsible person is the developer. The property management company does not have the obligation to compensate you for the loss caused by the quality of the house, if you can prove that your loss is due to the quality of the house, you can go to the developer for compensation, or you can consult through the local construction project quality supervision station.
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