Mr. Li, the owner of the Chongqing R&F Ocean Plaza office building, was informed that the property service fee was 23 yuan per square meter per month, and he has been paying the property management fee according to this standard for many years. However, more than two years ago, he learned that the property service fee of the office building was 15 yuan per month in the pre-property service contract of the office building. Mr. Li was very puzzled about this, how should the property fee be calculated?To this end, Mr. Li reported to the upstream news **966966 upstream news app.
After 10 years of ownership, the owner found that the property fee was "strange".
Mr. Li told the upstream news reporter that he bought a unit on a certain floor in the office building of Chongqing R&F Ocean Plaza in September 2010, and the property management fee for consulting when buying the house was 23 yuan per month. "This was very expensive at the time, and after receiving the house, I have been paying the property management fee according to the **. ”
The relevant provisions in the pre-office property contract
About two years ago, Mr. Li learned that the owner could go to the Chongqing Municipal Commission of Housing and Urban-Rural Development to obtain information about the office building with the relevant documents, so he applied for a view. At this time, he saw the office building pre-property service contract, in which Chongqing R&F City Real Estate Development and Guangzhou Tianli Property Development clearly stated in the third chapter of the service fee that the office property service fee was 15 yuan per month, and the lump sum system was adopted. In the application form for the filing of the property contract in Chongqing, it is also stated that the office property management service fee is 15 yuan per month.
R&F Ocean Plaza's Chongqing pre-property contract filing application form clearly states that the property management service fee is 15 yuan per month.
Mr. Li showed the upstream news reporter a copy of Chongqing Municipality (hereinafter referred to as the price list) numbered [2010]048606, although the price list stated that the office and commercial fees were 23 yuan per month per square meter per month, but the charge was indicated in the column as "it is a pre-property service contract (agreement)". In this regard, Mr. Li said that since the fee is based on the previous property service contract, the office building should be charged at 15 yuan per square meter per month.
Screenshot of part of the content of the price list of property service charges in Jiangbei District
Mr. Li said that after seeing the pre-property contract of the office building, he specifically asked the office property company about it. The relevant person in charge of the property company said that charging 23 yuan per square meter per month is the owner's will. On the price list, it was indeed written in the remarks that "if the owner or property user and the property management enterprise have agreed otherwise on the property service fee standard, the agreement shall prevail", which Mr. Li believes is untenable.
Mr. Li also calculated that in the early filing of the property service contract, the office building area is 16,137 square meters, if calculated according to 23 square meters per month, compared with 15 square meters per month, 12910,000 yuan, an overcharge of more than 1.5 million yuan per year, a total of more than 15 million yuan in the past 10 years.
Property management party: according to the ** filed by the Price Bureau.
Regarding the problem reported by Mr. Li, the upstream news reporter found the office property management office to understand the matter. The relevant person in charge of the company said that there is no problem in charging a property management fee of 23 yuan per square meter every month.
The relevant person in charge said that the record is a record of office property services, and it is indeed 15 yuan per square meter per month. However, after the office building is completed to provide services, it is necessary to formally go to the price bureau to file for the record, and the ** record to provide property services is 23 yuan per square meter per month.
The person in charge also explained that the record in the Housing and Urban-Rural Development Commission at that time was only a record of the fact of the property, and the final property was set at 23 yuan per month. The pre-service contract with the owner is also signed at a rate of 23 square meters per month.
We are charged according to the ** filed by the Price Bureau, and there is no problem. If it has not been filed with the Price Bureau, it cannot be said that you can collect as much as you want. The person in charge also said that the air conditioning of the office building is open 24 hours a day, and there has never been an overtime air conditioning fee.
The upstream news reporter also consulted the Jiangbei District Price Bureau on the pricing of the office property fee, and the staff of the Price Bureau said that the office property fee is generally priced in accordance with the law of the market, and the office building is higher than the property service fee of 23 yuan per month, and the office building is lower than this.
Lawyer's point of view: It should be charged at 15 yuan per month**.
How should the property fee be charged?The upstream news reporter consulted Hu Chenling, a practicing lawyer at Beijing Jingshi (Chongqing) Law Firm, about Mr. Li's experience.
After the pre-property service agreement is recorded, should the property be charged according to the 15 yuan square meter on the record agreement?Regarding this issue, Hu Chenling said: "Article 937 of China's Civil Code stipulates that the pre-property service contract signed by the construction unit and the property service provider in accordance with the law, as well as the property service contract signed by the owners' committee and the property service provider selected by the owners' general meeting in accordance with the law, are legally binding on the owners. ”
Because the pre-property service contract is not signed between the owner and the property management company, and the owner does not have the authority to change the contract, only the owners' general meeting can adjust the property management fee, and the pre-property management company can only charge the corresponding property fee according to the "pre-property service contract" for the record. He said.
If Mr. Li wants to be able to restore the property to 15 square meters, what ways should he take?Hu Chenling said that, first, Mr. Li could sue the court, claiming that the property fee should be calculated according to 15 yuan per square meter, and at the same time, he would demand that the property return the overcharged property fee at no deserved profit. Second, Mr. Li's community can set up an owners' committee, because only the owners' committee can represent all the owners of the community. In addition, the owners' committee can also negotiate with the property management company to re-enter into a property service contract, adjust the property management fee, or re-select the property service provider to renegotiate the property service standards and charging standards.
The upstream news reporter found the "Notice of the General Office of the Chongqing Municipal People's Government on Printing and Distributing the Administrative Measures for Property Service Charges in Chongqing" Yufu Banfa No. 36 2015, in which Article 12 clarifies that "the property service charges for residential and supporting parking lots terminated by non-residential and pre-property services shall be agreed in the property service contract between the property service enterprise and the construction unit or the owners' general meeting, and shall be reported to the competent department of the district and county (autonomous county) within 15 days after the contract is signed." ”
At present, the owners of Chongqing R&F Ocean Plaza have voted on the establishment of the owners' committee, and Mr. Li said that he hopes to renegotiate with the property management company on the property management fee after the establishment of the owners' committee**.
Upstream news reporter He Yan.
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