Is it reasonable for the property to collect the heating fee, and does the property have the right t

The property company is entrusted by the municipal department to collect the above-mentioned heating, water and electricity fees. However, the collection work has nothing to do with property management services, and the residents cannot refuse to accept the energy fees of the residents because they are in arrears of property fees, which will cause the residents to cut off water, electricity, and heating.

There are two types of heating fees, one is regional central heating, and there are municipal heating departments to charge fees. One is that the property company burns the boiler for heating, and the property company charges a fee. Regardless of the heating mode, the charging standard is uniformly formulated by the region.

Different places charge different heating bills. But in general, there are two ways of heating area and heating heat, charging according to the heating area, and generally charging heating fees according to the area of the house. The larger the living area, the higher the charge.

The average price varies from place to place, but there will be corresponding standards in each place. The heating fee is calculated according to the building area, that is, the user's heating fee = building area * unit area. Among them, the approval of the construction area and heating area is subject to the interpretation documents of the local **.

Article 44 of the Property Management Regulations in the property management area, water supply, power supply, gas supply, heat supply, communications, cable television and other units shall collect relevant fees from the end user.

Where a property management service enterprise accepts the entrustment to collect money and fees on its behalf, it shall not charge the owner additional fees such as handling fees.

Article 12 The meeting of the general meeting of owners may be in the form of collective discussion or in the form of soliciting opinions in writing; However, there should be owners of the exclusive part of the property management area accounting for more than half of the total area of the building and more than half of the total number of owners participating.

Owners can entrust ** people to attend the meeting of the owners' meeting.

The general meeting of owners decides on the matters specified in items (5) and (6) of Article 11 of these Regulations, and shall be agreed by the owners of the exclusive part accounting for more than 2 3 of the total area of the building and accounting for more than 2 3 of the total number of owners; Decisions on other matters provided for in Article 11 of these Regulations shall be made with the consent of the owners of the exclusive part accounting for more than half of the total area of the building and more than half of the total number of owners.

The decision of the general meeting of owners or the owners' committee shall be binding on the owners.

Where a decision made by the general meeting of owners or the owners' committee infringes upon the lawful rights and interests of the owners, the aggrieved owners may request the people's court to revoke it.

Whether the collection of heating fees by the property is reasonable depends on whether there is a valid entrustment contract between the heating company and the property.

If there is a valid contract between the heating company and the property, then the property can collect the heating fee on behalf of the property. This may be due to the convenience of occupants and the improvement of efficiency. In such cases, the utility company may be required to provide proper certification or authorization to prove that it has the authority to collect heating charges on behalf of the heating company.

If there is no valid contract between the heating company and the property, then the property is not entitled to collect the heating fee. If a property tries to impose or improperly collect heating bills, this can cause legal problems, especially if it results in residents not being able to get the heating services they deserve.

In some cases, the property should not collect heating bills even if there is a valid escrow contract between the property and the heating company. For example, if the utility company's service quality deteriorates or there is other misconduct, the tenant may refuse to pay the utility or heating fee. In this case, the property management company cannot refuse to accept the heating fee on the grounds that the tenant is in arrears, nor can it take any form of measures such as power outage, water outage, heating outage, etc.

Therefore, it is necessary to consider the specific circumstances to determine whether the property collection of heating fees is reasonable. If you have any doubts or concerns about the property collection of heating fees, it is recommended that you communicate with the local heating company and property management company to understand the relevant situation and protect your legitimate rights and interests.

Then whether there is a service agreement in the property service contract to collect heating fees on behalf of the key becomes the key. If there is no provision in the contract that the property management company will provide the owner with the collection of quick heating fees, the property management company has no statutory or contractual obligation to collect the heating fees on behalf of the owner, and the owner cannot blame the property management company for refusing to collect the heating fees on behalf of the property management company. If the scope of services agreed in the contract includes the collection of heating fees, then the property management company should collect the heating fees for the owners.

Legal basis: Article 938 of the Civil Code of the People's Republic of China The content of the property service contract generally includes the service items, service quality, service fee standards and collection methods, the use of maintenance funds, the management and use of service rooms, the service period, service handover and other terms.

Legal analysis: unreasonable, The property fee is the service charge of the property company, which is charged by the property company, and the charging standard is initially formulated by the developer, and after the establishment of the property committee, the property committee and the property company are calculated and formulated according to the service cost, company profit, etc. Both water and electricity are energy bills.

It belongs to the residential energy charge. Residents need to go to the bank to buy the quota and use it. The charging standards shall be uniformly formulated by all provinces, municipalities and regions.

Legal basis: Article 35 of the "Property Management Regulations" 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.

Legal analysis: unreasonable, the property fee is the service charge of the property company, which is charged by the property company, and the charging standard is initially formulated by the developer, and after the establishment of the property committee, the property committee and the property company are calculated and formulated according to the service cost, the company's profit and so on. Both water and electricity are energy bills.

It belongs to the residential energy charge. Residents need to go to the bank to buy the quota and use it. The charging standards shall be uniformly formulated by all provinces, municipalities and regions.

Legal basis: "Property Management Regulations" Article 35 Property service enterprises shall provide corresponding services in accordance with the agreement of property management services.

If 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 of Zhifan, it shall bear the corresponding legal responsibility in accordance with the law.

Everyone understands that water charges are generally handed over to the corresponding units. So whether it is reasonable for the property to collect water bills, I went to find out. Under normal circumstances, the property management company is not responsible for collecting the "water and electricity charges" of the owners of the community, but can collect the water and electricity bills on behalf of the owners.

Nowadays, most water and electricity bills are collected by the property company, according to the relevant regulations of the power supply bureau, the developer or according to the department.

In addition, according to national regulations, property management service enterprises shall not charge additional fees such as handling fees to owners when accepting entrustment to collect the fees in the preceding paragraph. According to the provisions, property service enterprises do not have the right to collect water and electricity charges, unless they are entrusted by the relevant units to collect relevant fees on their behalf. If the property management service enterprise has an entrustment contract with the relevant unit to collect water and electricity charges on behalf of the owner, then the owner shall actively cooperate and pay the relevant fees in accordance with the prescribed standards.

Guangzhou Water Supply Company, community property management, developers, owners' representatives, street offices and other parties communicated and coordinated on this issue, and Guangzhou Water Supply Company went to the site again to review and clarify the problems to be rectified. At the meeting, all parties agreed that the main reason for the stagnation of the application for meter reading to the home was that the developer and the property management company did not actively implement the rectification work. At the coordination meeting on the same day, both the developer and the property management company said that they would report to their superiors and strive to complete the rectification as soon as possible.

Ms. Feng said that the construction of villas in the community has a great impact on the main water pipe, "The water pipe is easy to burst, and now the 5-year warranty period is coming soon.

Cai Dinggang, technical director of the southern water supply branch of Guangzhou Water Supply Company, said that the water company has coordinated with property management companies and developers many times, and the water company can first handle the matter of meter reading to the household, "provided that the property management company needs to write a letter of commitment to rectify the relevant problems." For the realization, Cai Dinggang said that it involves a number of contents such as different water meter values for each household and re-signing the agreement, "It is expected to be completed within two months." In response to this issue, the company involved responded in writing that the developer and the property management company would draw up a letter of commitment in accordance with the content of the communication meeting that day, and all work would be carried out in an orderly manner, and the water company would actively cooperate with the water company to implement the problem of meter reading to the household as soon as possible.

The property takes three dollars per square meter from the heating bill for water and electricity. It is charged normally.

Now it's all changed to pay at the bank, and the property is just a receipt.

This, it is possible to put it, in this society, everything may be related, and the people in the property will definitely not do it without a commission?

It is reasonable for the property to charge heating fees. See if there is a valid entrustment contract between the heating company and the property, if there is, then the property can collect on behalf of the property, otherwise it has no right. You can also go directly to the local heating company to see the relevant information announcement, or directly consult the heating company.

According to the latest "Property Management Regulations" issued by the People's Republic of China, the owner shall pay the property service fee based on land according to the agreement of the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment.

So what obligations should owners fulfill in property management activities? In the course of property management activities, the owner shall fulfill the following obligations:

1) Abide by the management statute and the rules of procedure of the general meeting of owners;

2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;

3) To implement the decisions of the general meeting of owners and the decisions of the owners' committee authorized by the general meeting of owners;

4) Pay special maintenance funds in accordance with the relevant provisions of the state;

5) Pay the property service fee on time;

6) Other obligations provided for by laws and regulations.

Article 41 of the Property Management Regulations stipulates that the owner shall pay the property service fee in accordance with the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment.

Article 7 The owner shall perform the following obligations in the property management activities:

1) Abide by the management statute and the rules of procedure of the general meeting of owners;

2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;

3) To implement the decisions of the general meeting of owners and the decisions of the owners' committee authorized by the general meeting of owners;

4) Pay special maintenance funds in accordance with the relevant provisions of the state;

5) Pay the property service fee on time;

6) Other obligations provided for by laws and regulations.