After getting the keys to their new home, many homeowners can't wait to start renovating and building their ideal home. However, many times, they will encounter a headache, that is, the property company requires them to pay a renovation deposit before renovating, otherwise they will not be given the keys or even allowed to enter the complex. How should the owner deal with this situation? Is it legal for a property to charge a deposit for renovations? How can owners protect their rights?
What is the purpose of the property to collect a renovation deposit. Generally speaking, the property management company collects the decoration deposit, mainly to restrain and manage the owner's decoration behavior, to avoid causing damage to the public facilities and environment of the community during the renovation process, or affecting the normal life of other owners. For example, some owners may remove the load-bearing wall or change the structure when decorating, which affects the safety of the house; When some owners are decorating, they may pile up or litter decoration garbage at will, which will affect the hygiene and aesthetics of the community; When some owners are renovating, they may exceed the specified time or volume, which will affect the rest and work of other owners. In order to prevent these situations from happening, the property management company will require the owner to pay a renovation deposit before the renovation, as a guarantee, if the owner violates the relevant regulations during the renovation process, the corresponding amount will be deducted to make up for the loss or punish the violation.
There is no clear legal basis for a property to collect a renovation deposit, that is, the law does not give the property management company the power to collect a renovation deposit, nor does it stipulate that the owner must pay a renovation deposit. However, from a practical point of view, it is reasonable for the property to charge a decoration deposit, because it is a measure to protect the public interest of the community and a means to maintain the order of the community. As long as the property management company follows the following principles when collecting the renovation deposit, it can be considered reasonable:
First, there must be the consent of the owner. The property management company cannot unilaterally decide to collect the decoration deposit, but must be voted by the owners' general meeting or negotiated by the owners' committee, and the consent or authorization of the owners before the decoration deposit can be collected. In addition, the property management company should write the matters and standards for collecting decoration deposits into the property service contract or property management rules, and clearly inform the owners so that the owners can give informed consent.
Second, there must be clear standards. The property management company cannot arbitrarily determine the amount of the decoration deposit, but should formulate reasonable standards according to the actual situation of the community and the scale of the decoration, which cannot be too high or too low, and cannot be discriminatory or preferential. In addition, the property management company should publicize the standard of the decoration deposit in a prominent position in the community so that the owner knows.
Third, there must be standardized management. The property management company cannot use the renovation deposit collected for other purposes, but must open a special account for the management of the renovation deposit, and conduct regular accounting and auditing to ensure the safety and transparency of the renovation deposit. Moreover, the property company should formulate clear rules for the use and return of the decoration deposit, for example, the owner should apply for acceptance and return the decoration deposit in a timely manner after the completion of the decoration, and the property company should check the owner's decoration within the specified time, and if no violation or damage is found, the decoration deposit should be refunded in a timely manner, and if it is found that there is a violation or damage, the decoration deposit will be deducted in accordance with the prescribed proportion, and the corresponding certificate and explanation will be issued.
If the owner encounters the property management company's mandatory payment of the decoration deposit, otherwise the key will not be given, how should the owner respond? Here are some suggestions to consider:
One is to look at the contract. The owner should check the contract signed with the developer or the property management company to see if there is an agreement on the decoration deposit, if so, it must be implemented in accordance with the contract, if not, you can refuse to pay the decoration deposit, or ask the property management company to issue the basis and standard for collecting the decoration deposit.
The second is to consult the law. If the property company is found to have violated the law or breach of contract, it can take legal measures, such as complaints, reports, lawsuits, etc., to require the property company to stop the illegal or breach of contract, compensate for their own losses, and protect their legitimate rights and interests.
The third is to communicate and negotiate. For example, the owner can propose to pay a part of the decoration deposit, or propose to ensure the standardization of the decoration in other ways, or propose to pay the decoration deposit before the decoration, etc., to avoid affecting the progress and quality of the decoration because of the problem of the decoration deposit.
To sum up, the basis and reasonableness of the property to charge the decoration deposit, how the owner to protect their own rights and interests, is a problem that needs to be comprehensively considered, the owner in the delivery of the house, pay attention to check the contract, consult the law, communicate and negotiate, protect their legitimate rights and interests, also respect