First of all, it is necessary to charge according to the law, and it is not difficult to see that there are problems in the collection of property service fees according to the relevant regulations.
According to Article 10 of the ** Law, property service enterprises shall accurately record and verify service costs, and shall not engage in fraud. According to Article 11 of the Measures for the Administration of Property Service Charges, the nine expenses composed of service costs are related to the quantity and quality of the common parts of the property and the common facilities and equipment, and the accurate recording of the relevant quantity and quality is the basis for approving the service cost. Therefore, the property service provider shall carry out on-site inspection and acceptance in accordance with the regulations, sign the inspection agreement and inspection and handover records, and pass the filing documents of the competent department to guide and supervise according to law, which is the objective basis for approving the service cost, service fee and charging standard;The lack of legitimacy in approving the cost of services due to non-fulfillment of the obligation to undertake inspections also involves the following issues.
Inconsistency of rights and obligationsAccording to the provisions of Articles 271 and 273 of the Civil Code, the owner has the right to manage the common part of the property and shall bear the obligation to pay the property service fee. In the early stage of property management, the construction unit, as the initial owner of the residential property, has the right to manage alone, and shall bear the property service fee in accordance with the law, and shall perform the obligation to transfer the management right on time, and shall assist and cooperate with the preparation of the first owners' meeting in accordance with the regulations, so as to realize the joint management with the buyer and the owner, and the owners' general meeting shall decide to enter into a property service contract with the property management service enterprise selected by the merit, and the construction unit, as the owner of the residential property that has not yet been delivered, shall pay the property service fee according to the uniform charging standard, and the buyer shall begin to bear the obligation to pay.
For those who do not deliver the property on time, Article 41 of the "Property Management Regulations" specifically stipulates that "the property service fee shall be paid by the construction unit".Obviously, during the performance of the pre-property service contract, charging the buyer and owner the property service fee does not comply with the provisions of the Civil Code on the owner's rights and obligations, and violates the principle of consistency of rights and obligations.
Unequal Bargaining Issues:In order to protect the legitimate rights and interests of civil subjects, adjust civil relations, and maintain social and economic order, the Civil Code stipulates that the pre-property service contract and property service contract concluded in accordance with the law are legally binding on the owners, and emphasizes that all owners (including the initial owner construction unit) have the obligation to follow the relevant order agreed in the contract. The service fees and charging standards agreed in the pre-property service contract shall comply with the relevant provisions of the ** LawIn accordance with the provisions of Article 25 of the "Property Management Regulations" and Article 10 of the "Measures for the Administration of Property Service Charges", the sales contract signed between the construction unit and the property buyer shall contain the content agreed in the previous property management service contract, and shall stipulate the property management service content, service standards, charging standards, billing methods and billing starting time.
The above provisions show that the construction unit, as the initial owner of the first residence, must follow the relevant order agreed in the previous property service contract, if it does not bear the obligation to pay, it will give up the responsibility of bargaining on behalf of all owners in accordance with the law, and even maliciously collude with property service companies to fabricate service costs, and ultimately infringe on the legitimate rights and interests of the majority of owners.
Non-compliance with legal obligationsThe first four chapters of the "Pre-Property Service Contract (Model Text)" are regulated in accordance with the law, and it is required to agree on the specific service content and quality, service fees, as well as the operation, charging and distribution of the owner's common part on the basis of verifying the basic situation of the property according to the planChapter 5 regulates the acceptance of property, and then the "Measures for Property Acceptance and Inspection" is further supplemented and improved, and the construction unit shall pass the on-site inspection and acceptance in accordance with the relevant provisions of the stateTransfer to property service enterprises with clear ownership, complete information, qualified quality, complete functions and complete supporting facilities. However, if there is a dispute over the ownership of parking spaces in residential communities, and the construction unit cannot determine the ownership of parking spaces in accordance with the law, it is sufficient to prove that it has not fulfilled its statutory obligations.
According to Article 5 of the Interim Measures for the Administration of Residential Facilities, the construction fee of residential facilities is included in the cost and constitutes the residential property, and the majority of owners have purchased the common part of the property by paying the residential price, and the daily operation and maintenance of the common part are stipulated in the "Measures for the Administration of Property Service Charges" as service cost expenditure. Therefore, the construction unit and the property service provider have not only encroached on the common income of the owners, but also encroached on the property service fees paid by all the owners.
In short, if the above-mentioned problems are not reported and filed in accordance with the regulations, and the prices are not clearly marked in accordance with the regulations, and the relevant obligations are still not fulfilled in accordance with the provisions of the service provisions, the buyer and the owner have the right to refuse the request to pay the property service fee in advance according to Article 526 of the Civil Code.
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