FEICHI
News
05
2024
-
03
The difference between "property fees" and "property service fees"
Author:
Property fees, as the name suggests, are funds raised by owners to maintain their shared property. The property service fee is the labor consideration paid by the owner to the property service personnel. The legal significance of these two is not entirely the same. Currently, most property disputes are related to property fees, and all property fee disputes are related to the inability to distinguish between these two concepts. Only by clarifying the difference between property fees and property service fees can we solve the difficulties in property management.
On the surface, property management companies provide services and owners pay fees, which are collected by property management companies. Therefore, it is generally believed that property management fees are the service fees paid by owners to property management companies. This understanding is neither in line with legal principles nor in line with facts. Legally speaking, apartment houses in cities are usually different from other buildings. Owners have common affairs and shared parts, and managing these common affairs and shared parts inevitably requires certain expenses, which should be borne by the owners because they are beneficiaries and rights holders. As for whether there is a property management company or which one it is, it does not change the obligation of the owner to pay fees.
According to the Property Rights Law, there are three ways to manage property: owners can manage it themselves, or entrust property service enterprises or other managers. In the case of self management by the owners, all management expenses should also be shared among the owners. So even if no property management company is hired, the owner still needs to pay property fees.
Article 7 of the Property Management Regulations stipulates that timely payment of property management fees is one of the obligations of property owners. This does not involve property management companies, nor is it based on whether a property service contract has been signed. That is to say, when homeowners pay property fees, they are not purchasing the services of the property management company, but rather their ways and obligations to distinguish between other building management responsibilities.
From this perspective, the vast majority of property fees are used for the common affairs and shared expenses of the owners, rather than the profits of the property management company. The Management Measures for Property Service Fees stipulate that property fees are composed of service costs, statutory taxes and fees, and the profits of property management enterprises. The composition of service costs includes the salary of management service personnel, social insurance and welfare expenses extracted according to regulations, office expenses, cleaning and sanitation expenses in the property management area, greening and maintenance expenses in the property management area, order maintenance expenses in the property management area, shared implementation equipment and public liability insurance expenses in the property management area, depreciation of fixed assets in the property management enterprise, and other operating and maintenance expenses approved by the owner.
We often say that the property management company is the collective nanny of the owners. If the salary paid by the employer to the nanny is the consideration for the nanny's labor, then the money for buying daily necessities for the nanny and having the nanny pay the water, electricity, and property fees can also be considered as nanny fees? In fact, this part is necessary for the owner's daily life, even without a so-called nanny, the owner still needs to spend this money. Similarly, property management fees are the same. Property management companies manage common affairs for owners and pay related fees, all of which come from property management fees and cannot be counted as income for property management companies.
Property management fees are neither the income of the property management company nor the labor consideration of the property management company, but the shared expenses shared by the owners, namely the shared property of the owners. This is one of the basic problems in property management. By clarifying this issue, many problems can be easily solved.
Latest News
2024-03-05
The responsibilities of property management mainly include several aspects
The cleanliness and hygiene of shared areas and related venues of the property, as well as the collection and removal of garbage. This includes the dredging of rainwater and sewage pipelines.
2024-03-05
How Smart Property Helps Improve Service Quality
By relying on the system, regardless of time and place, homeowners can view the public information of the community through their mobile phones, systematically understand their rights and obligations, exercise their supervisory power in a timely manner, and reduce the probability of conflicts escalating.
2024-03-05
The Digital Revolution of Property Management: Current Perspective and Future Development
With the strong promotion of intelligent technology and the deepening of technologies such as the Internet of Things, cloud computing, big data, and AI, property management enterprises have shown new innovations and developments in digitalization.
2024-03-05
The main responsibilities of property management
The property management company needs to handle various public and comprehensive affairs within the community, accept complaints and consultations from residents, and actively carry out sports and entertainment activities that are beneficial to the physical and mental health of residents.
2024-03-05
The Current Situation and Development Trends of Property Management
The low entry threshold for the industry and fierce market competition have led to some enterprises sacrificing service quality and safety standards in order to reduce costs.