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The top floor is generally a common part of the whole community, and the maintenance of this part should be paid for by the maintenance of the house itself. This is different from the property management fee. Dedicated** Owned by the owner.
Regarding its management, it follows the principle of "special account storage, accounting to the household, special funds, owner decision-making, and supervision", and is not handed over to the property company for management.
In practice, many times it is agreed by the owners' general meeting, and the property company organizes personnel to carry out maintenance, and the maintenance funds are paid by the special **. It can also be that the owners' committee entrusts maintenance personnel to carry out maintenance, and the funds are paid by the special **.
The following information is for your reference.
What is the purpose of a dedicated **? What is the difference between it and house repair** and house body maintenance funds?
Can I use the special ** to offset the property management fee?
Who owns the dedicated **, and is it handed over to the property management company for management?
Property Management Regulations.
Chapter 5 Use and Maintenance of Property.
Article 54: Owners of residential properties, non-residential properties in residential quarters, or non-residential properties connected to the structure of a single residential building shall, in accordance with the relevant provisions of the State, pay special maintenance funds.
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.
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Yes, the property fee is used to manage the community, in addition to what you said, there are some health and other problems!
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The strata fee includes the following expenses: maintenance of public properties and supporting facilities; salaries of hired managers; expenditure on utility water and electricity; expenditure on the purchase or lease of necessary machinery and equipment; property insurance; Cleaning of the age of the skin; the cost of planting flowers, planting grasses and their maintenance in public areas; Updating reserves, etc.
Article 944 of the Civil Code The owner shall pay the property fee to the property service provider in accordance with the agreement. If the property management service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted or does not need to accept the relevant property management services. If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider may urge the owner to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property service provider may file a lawsuit or apply for arbitration.
Property service providers shall not stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.
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Nowadays, when most of the real estate is newly built, developers choose to find a professional property service company to manage the safety, environmental sanitation and maintenance of public facilities in the community, and the owners in the community need to pay the corresponding property fees to the property. So, what exactly is a property management fee? What are the principles of property management fees?
Let's take a brief look at it together.
1. What is a property management fee?
The property management fee refers to the management of the property service company according to the content of the "property service contract", and all the owners in the community pay the corresponding fees to the property service company on a regular basis according to the content of the contract, because the service content of each property company will be different, so the property management fees that the owners need to pay are also different, mainly according to the charging standards recorded by the price bureau.
Second, the principle of property management fees.
1. The primary condition for the property service company to collect the property fee is not to violate the relevant regulations of the state and the state, and then under this premise, the level of the property fee is decided.
2. When the property service company collects property fees, it must be compatible with the local income level, if the charges are too high, even if the service is good, the owner is unable to afford it, of course, the charges are too low to definitely not work, not only is it easy to appear that the property company does not act, and it can even be said that it violates the rules of the market.
3. When collecting service management fees, property service companies should take into account the rights of both parties and try to achieve high quality and price. For some special services, the charging standard will definitely be higher than that of public services, and the charging standard for companies and enterprises will be higher than that of public and public institutions.
4. When the property service company collects the property fee, it needs to follow the principle of low profit, which means that the property company must have a small part left after deducting the necessary expenses, otherwise the more the workload will accumulate over time, and the more the project will be lost.
Summary: The fees charged by the property company are standard, and the level of the fee needs to be determined according to the size of the service, usually the more service items, the more property management fees the owner needs to pay. The above about what is the property management fee and the charging principle of the property management fee are introduced here, I hope it will be helpful to you.
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According to the Interim Measures for the Charging of Property Management Services in Urban Residential Quarters promulgated by the State Planning Commission and the Ministry of Construction, the composition of property management fees for residential quarters includes the following items: (1) the wages of management service personnel and the welfare fees drawn in accordance with regulations; (2) Daily operation, maintenance and maintenance of public facilities and equipment; (3) greening management fee; (4) Cleaning and sanitation fees; (5) security fees; (6) Office expenses; (7) Depreciation of fixed assets of property management units; (8) Statutory taxes and fees. In addition, the property management company's profits should also be included in the property management fee.
For the property management of high-end residential complexes, insurance premiums can be added to the cost.
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The property management fee is the fee that the property management company provides property management services to the property user or owner in accordance with the property management service contract, and the property management user or owner shall pay in accordance with the property management service contract. According to the "Interim Measures for Charging Property Management Services in Urban Residential Quarters" promulgated by the State Planning Commission and the Ministry of Construction, the composition of property management fees for residential quarters includes the following items:
1. Manage the wages of service personnel and the welfare fees drawn according to the regulations;
(2) Daily operation, maintenance and maintenance of public facilities and equipment;
(3) greening management fee;
(4) Cleaning and sanitation fees;
(5) security fees;
(6) Office expenses;
(7) Depreciation of fixed assets of property management units;
(8) Statutory taxes and fees.
In addition, the property management company's profits should also be included in the property management fee. For the property management of high-end residential complexes, insurance premiums can be added to the cost.
1. Do I need to pay a property management fee if I don't move in?
The collection of property fees is divided into two situations: before the real estate certificate is processed, the sales area on the contract for the sale and purchase of commercial housing shall prevail; After the real estate certificate is processed, the property management fee will be charged based on the measured construction area.
The collection time of the property fee is also divided into two situations, if the formalities for repossession are handled on the agreed date, it shall be calculated from the date of repossession; If the resumption of the building is not delayed according to the agreed date of the repossession procedures, the property management fee shall be charged from the next month after the delivery time indicated on the "Repossession Notice" issued by the developer to the owner. Therefore, at the time node mentioned above, the property will start to be billed, and even if you don't move in, you need to be charged.
In practice, if a property management service enterprise has already provided services in accordance with the contract and relevant provisions, but the owner only refuses to pay the property management fee on the grounds that he has not enjoyed or does not need to accept the relevant property management services, the people's court will not support it.
2. If the property management fee is not paid, does the property management company have the right to cut off water and electricity?
The parties to the water supply and power supply contract are the owner and the water supply and power supply company; The parties to a property management contract are the owner and the property management company, and the two are in different legal relationships. The right to cut off water and electricity is an important right of defense for the performance of the contract of the water supply and power supply company, and the property company is not the subject of the water supply and power supply contract, so naturally it does not enjoy the right to supply water and electricity. According to the principle of privity of contract, if the owner signs a contract with the water supply and power supply company and pays the corresponding fees to the water supply and power supply company, the water supply and power supply company shall supply water and electricity.
The property management company is not a party to the contract for water supply and power supply, and it has no right to interrupt the water supply and power supply to the owner without authorization. If the property management company cuts off water and electricity without authorization and causes losses to the water supply and power supply company, the water supply and power supply company can also claim compensation from the property management company.
Legal basis: Article 44 of the "Property Management Regulations": "In the property management area, water supply, power supply, gas supply, heating supply, communications, cable television and other units shall collect relevant fees from end users.
Where property management service enterprises accept entrustment to collect the fees in the preceding paragraph, they must not charge the owners additional fees such as handling fees. ”。
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