Over the years, due to the arbitrary charging of property service enterprises, only charging fees and not providing services, and the chaotic and non-public accounts, the contradictions between community owners and property service companies have become increasingly prominent, which in turn has caused many community property services to show a deteriorating trend. So, how should property services and charges be carried out in order to meet the needs of the majority of owners and obtain satisfaction, which is not only the concern of the owners of the community, but also the goal that the competent government departments at all levels should strive to pursue.
1. The source of the right of property management services enterprises.
There are two main sources of the right of property service enterprises to manage services: one is the authorization of the construction unit, and the other is the authorization of the owners' committee. The authorization of the construction unit generally refers to the property service enterprise generated by the real estate development enterprise through open competition to the public before the pre-sale of commercial housing by the housing and urban-rural development department. The developer and the selected property service enterprises sign the "Property Service Contract" to authorize the property management service enterprises to carry out the property management service rights.
The authorization of the owners' committee refers to the property service enterprise produced by the owners' committee in accordance with the law, authorized by the owners' general meeting, issued by the owners' committee to the outside world, and in accordance with certain procedures and standards. The owners' committee signs the "Property Service Contract" with the selected property service enterprises, and authorizes the property management service enterprises to carry out property management services.
Whether it is a pre-property produced by the developer through open competition, or a property generated by the owners' committee itself through open competition, its right to manage services must be stipulated through the Property Management Service Contract.
Articles 4, 5, 6 and 7 of the Basic Provisions of Chapter 1 of Part 1 of the Civil Code of the People's Republic of China respectively stipulate the principles of equality, voluntariness, fairness, and good faith for the rights of civil subjects.
Article 5 of the Basic Provisions of Chapter 1 of Part I stipulates that "civil entities engaged in civil activities shall follow the principle of voluntariness and establish, modify, and terminate civil legal relations according to their own will".
The property service contract is a typical contract, and the property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance and maintenance of the building and its ancillary facilities, environmental sanitation and the management and maintenance of related order, and the owner pays the property fee.
2. The property service items and charging standards shall be clarified through the property service contract or government documents.
Property service companies must find out what property service projects they can carry out, and these service projects should be clearly authorized through the "Property Service Contract" or government documents in black and white. Article 938 of the Civil Code of the People's Republic of China stipulates that "the content of a property service contract generally includes terms such as service items, service quality, standards and charging methods for service fees, use of maintenance funds, management and use of service rooms, service period, and service handover".
Specifically, the services mainly include:
(A) the basic situation of the property in the community: the scope of the building division of the community, buildings (exclusive area, common area) and ancillary facilities (underground parking lots, civil air defense parking spaces, power distribution rooms, computer rooms, secondary water supply pump rooms, elevators), property service rooms, community pension activities of the ownership and area, community public green space, urban roads in the community, ownership and area of ground parking spaces, car charging piles, electric bicycle charging piles.
(2) Services and charging items:
1. The property management fee of the common part includes the maintenance of the common wall, roof and ground, the cost of the management and maintenance of the common wall, roof, ground maintenance, civil air defense parking space, power distribution facilities in the power distribution room, monitoring facilities in the monitoring room, elevators, distribution boxes and other electrical facilities, public network lines such as telecommunications and mobile communications, water supply, gas supply, heating and other common facilities. The standard of this fee needs to be clarified in the property service contract or government document between the property service company and the construction unit or the owners' committee.
2. Extension or value-added service fees arising from the maintenance and management of ground and underground exclusive parking spaces (owned by the owner). Strictly speaking, this part of the cost is not generated by the common part, and the property service enterprise and the owner need to sign a service contract one-on-one to stipulate the rights and obligations of both parties.
3. The rent generated by the owner's common part, including the advertising income of the elevator car, the use of the common wall, roof, light pole on the road, and the income generated by the access control of the entrance and exit gate of the community, etc., and the rent generated by the common ground site and the common underground parking space of the community to the owner of the community or rented out. In principle, this part of the income is collected by the property service enterprise and credited to the public income of the community owners.
4. Collect public energy consumption fees such as water, electricity and heating generated by public lighting, elevator operation, secondary water supply equipment operation, public green space, fire protection facilities, etc. in order to maintain the normal operation of public properties and ancillary facilities. This part of the fee is charged on the basis of the "Property Management Regulations" promulgated by the State Council and local government policy documents. The principle of the fee collection is to collect it according to the facts, and to collect and spend it.
5. Value-added service fees such as collection and delivery for the owner. In some high-end communities, in order to control outsiders and ensure the safety of community owners, it is stipulated that all kinds of couriers or other idle personnel are not allowed to enter the community. Some courier mail is delivered by property service staff to the owner's building and residence. They will even entrust property service personnel to pay utility bills and other errands. This fee is generally not reflected in the property service contract.
3. What fees may be charged by property service companies?
(1) Repeated collection of co-ownership property management fees.
1. The common property management fee is commonly known as the property management fee. In general, government documents and property service contracts clearly stipulate the components, basis and standards of property fees. However, because many community owners do not know or have no opportunity to check the "Property Service Contract", they mistakenly believe that the ground parking spaces and underground parking spaces shared by some owners are not included in the list of common properties, and then the so-called "vehicle management fee" is repeatedly charged by the property management service company. In fact, the cost of maintaining order in the common area has already been paid according to the exclusive area of the residence.
2. Elevator operation electricity fee. Strictly speaking, the elevator operation electricity fee is a sub-project of the public energy consumption fee, and the elevator operation electricity fee can no longer be charged after the public energy consumption fee has been collected.
(2) The rent of the ground parking space and underground parking space shared by the owner shall be taken as their own.
For the same reason, many owners do not know who owns the surface and underground parking spaces in the community, and the government often fails to force developers to disclose the ownership of parking spaces. As a result, many surface parking spaces and underground parking spaces are charged by developers or property service companies in the form of transfer of use rights, one-time or annually.
For the rent of ground parking spaces and underground parking spaces jointly owned by the owners, in principle, they shall be collected by the property management service enterprise and recorded in the public income of all owners, and the disposal authority belongs to all owners. Unfortunately, in some areas, it has become a "fait accompli" for developers and property service companies to forcibly collect and take them for themselves.
(C) the standard collection of public energy consumption fees, not based on the actual carry-over to the next year, recorded in the business income for a long time embezzlement for their own. The public energy consumption fee is a collection and expenditure project, and the property service enterprise can collect the public energy consumption fee of the current year in advance at the beginning of the year, but the cost shall be apportioned according to the proportion of the owner's residential area in the area of all owners (including the houses that have not yet been sold). The overcharged part shall be carried forward to the next year of the account on a case-by-case basis to offset the expenses of the next year.
(4) Other advertising revenues set up by using elevator cars, walls and roofs of public buildings, and residential entrance and exit ramps shall not be included in the public income of property service enterprises and shall be kept for themselves for a long time.
Property service enterprises shall regularly publicize the public income of the community and the income and expenditure of public energy consumption fees to the owners.
Finally, at present, the Market Supervision and Administration Bureau is responsible for investigating and dealing with the arbitrary charging of property service enterprises, and if necessary, you can call the local 12345 hotline or 12315 hotline to complain and report!
(The picture is from the Internet, the copyright belongs to the original author; if there is any infringement, please contact to delete)