1. What is included in the property fee you pay?
The property fee is the fee charged by the property owner and user to entrust the property service provider to carry out daily maintenance, repair, remediation and other services related to the life of residents in accordance with the provisions of the "Property Service Contract" for the daily maintenance, repair, remediation and other services related to the life of residents in the property management area.
(1) Responsibilities of the property management company
Article 942 of the Civil Code stipulates that: "The property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, operate and manage the common parts of the property owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners."
For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it. ”
(2) Where are the property costs?
Generally speaking, the property fee mainly includes the following parts: (Source: Article 11 of the "Measures for the Administration of Property Service Charges" issued by the National Development and Reform Commission and the Ministry of Construction)
1. The cost of greening and maintenance in the property management area;
2. Cleaning and sanitation costs in the property management area;
3. Order maintenance costs in the property management area;
4. Office expenses;
5. The daily operation and maintenance costs of the common facilities and equipment and common parts of the property;
6. Depreciation of fixed assets of property service enterprises;
7. Property common facilities and equipment, common parts and public liability insurance costs;
8. Manage the salary, social insurance and welfare fees of service personnel;
9. Other expenses agreed by the owner.
(3) The scope of common parts, common equipment, and common facilities
Article 16 of the Measures for Property Acceptance and Inspection of the Ministry of Housing and Urban-Rural Development
Common parts: generally include the foundation, load-bearing walls, columns, beams, floors, roofs and exterior walls, halls, stairwells, corridors, corridors, handrails, guardrails, elevator shafts, overhead floors and equipment rooms, etc.;
Shared equipment: generally including elevators, water pumps, water tanks, lightning protection facilities, fire-fighting equipment, corridor lights, TV antennas, generators, transformer and distribution equipment, water supply and drainage pipelines, wires, heating and air-conditioning equipment, etc.;
Common facilities: generally include roads, green spaces, artificial landscapes, fences, gates, letter boxes, billboards, street lights, drainage ditches, canals, pools, sewage wells, septic tanks, garbage containers, sewage treatment facilities, motor vehicle (non-motor vehicle) parking facilities, leisure and entertainment facilities, fire protection facilities, security monitoring facilities, civil air defense facilities, garbage transfer facilities and property service rooms.
(4) Where the maintenance funds are used
Article 2 of the Measures for the Management of Special Residential Maintenance Funds issued by the Ministry of Construction and the Ministry of Finance stipulates that special residential maintenance funds refer to the funds specially used for the maintenance, renewal and transformation of the common parts of the residence and the common facilities and equipment.
2. What is not included in the strata fee you pay?
1. Generally speaking, the property fee does not include the cost of maintenance of the interior of the owner's residence, that is, the maintenance of facilities and equipment within the owner's entrance door.
For example, if the owner's home has a broken light, a broken electrical circuit, a broken faucet, etc., the property is not responsible for repairing it. If the owner asks the property to help with repairs, the property can provide repair services for a fee.
2. Secondly, the property fee does not cover various problems caused by the quality of housing construction, such as water leakage, water seepage, cracks, etc.
During the warranty period, the developer is responsible for maintenance, and outside the warranty period, the common parts can be repaired with public revenue or maintenance funds, and the non-common parts are repaired by the owner.
3. Finally, the property fee does not include the cost of major and medium repairs and renovation of the owner's common facilities and equipment. These costs, again, can be covered by public revenues or maintenance funds.
It should be noted that in real life, there are indeed many owners who think that as long as they pay the property fee, no matter what they do at home, the property should be managed. These owners do not understand that the property only provides public services and does not include services (except for renovation management) within the owner's entrance door. If provided, it is a paid service.
4. Responsibility for the maintenance and maintenance of water, electricity, heat, etc
Article 51 of the "Property Management Regulations" stipulates that units such as water supply, power supply, gas supply, heat supply, communications, and cable television shall bear the responsibility for the maintenance and maintenance of relevant pipelines and facilities and equipment in the property management area in accordance with the law.
Article 651 of the Civil Code stipulates that: "The power supplier shall supply power safely in accordance with the power supply quality standards and agreements stipulated by the State. If the power supplier fails to supply power safely in accordance with the power supply quality standards and agreements stipulated by the state, causing losses to the power consumer, it shall be liable for compensation。 ”
Therefore, when questioning the "inaction" of the property, the owner can report to the relevant departments if there is really any inappropriate behavior of the property.
The cost of overhaul, medium repair, renewal and renovation of the common parts of the property and the common facilities and equipment shall be paid through special maintenance funds.
3. Please don't default on property fees!
Can a landlord refuse to pay strata fees?
The answer, of course, is no!
There is a legal basis for this↓↓
1. Pay liquidated damages
Article 577 of the Civil Code: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Therefore, if the owner defaults on the property fee, the property management company has the right to impose additional liquidated damages. It is not appropriate to call the increased penalty for arrears of strata fees a "late fee", but if the relevant content is clearly stipulated in the contract, the strata company has the right to impose an additional "liquidated damages".
It should be noted that if the owner who is required to pay liquidated damages has any objection to the amount of liquidated damages, he may request the people's court or arbitration institution to reduce it appropriately.
2. Enforcement by the court
Article 64 of the "Property Management Regulations" stipulates that if the owner fails to pay the property management service fee within the time limit in violation of the property management service contract, the owners' committee shall urge the owner to pay the property service fee within the time limit;
Article 944 of the Civil Code stipulates that 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 fails to pay the property fee within the time limit in violation of the agreement, the property management service provider may urge the property management service provider to pay within a reasonable period of time, and if the property management service provider still fails to pay within the reasonable period of time, the property management service provider may file a lawsuit or apply for arbitration.
Therefore, if the owner fails to pay the property fee, the property management company can file a lawsuit with the court in accordance with the law after failing to perform the reminder procedure. If the parties refuse to perform after the judgment takes effect, the property may apply to the court for compulsory enforcement.
3. Judicial detention
According to the Civil Procedure Law, if the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, he shall report the current property situation and the property situation of the year before the date of receipt of the enforcement notice; Those who refuse to perform on legal judgments may be subject to judicial detention if the circumstances are serious.
IV. Inclusion in the List of the Untrustworthy
The amount of property fee cases is generally not large, but the time span is long, and many cases with the subject matter of several thousand yuan often drag on for more than seven or eight years.
For such conduct, the court may include them in the list of judgment defaulters in accordance with the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters", and carry out credit punishments in accordance with law.
in a word
A thousand words in one sentence,
Don't skip the strata fee!
To protect their own rights and interests, they also need to go through legal means!
Don't let yourself become "unreasonable" when you should be "reasonable"!
Don't lose the "watermelon" because of the "sesame seeds"!
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