In recent days, the people's court of kyushu district has held a public hearing in a dispute over a property service contract. In addition to claiming a property fee from the owner of the writing building, the plaintiff, a property service company, also claimed to charge more than 1,700 dollars for the central air conditioner. The defendant, li xiao, paid some of the owners of the writing building not only to contest the services of the property, but also to argue that the plaintiff was not entitled to charge it。
So does the property company have the right to charge the owner for utilities
Following the hearing, the court held that the contract for the services of the writing building, which the plaintiff had entered into with a limited liability company for real estate development, was valid and binding on the owner as a whole, that the plaintiff had been providing property management services under the contract and that the defendant was therefore obliged to pay for the property; and that the plaintiff's claim to charge the defendant $1702 for central air conditioning electricity, which was actually used by the defendant, was upheld。
As for the defendant's argument that the cost of electricity resulting from the use of the central air conditioner should not be borne by the owner himself, article i of the above-mentioned contract expressly provided that “the property company has an obligation to ensure the proper operation of the public facilities and that the owner's cost of electricity as a result of his own needs is borne by the user”, the court rejected this protest ground。
It's a class
1. The basic duties of property companies
The primary responsibility of the property company is to provide small area management services such as cleaning, security, greening, maintenance of facilities, etc., in accordance with the property regulations and property service contracts. The collection and sale of utilities are not normally the default duty of property companies。
Are property companies entitled to charge utilities
Whether a property company is entitled to charge utilities depends on:
Contracts for property services
Property companies are entitled to collect utilities if the contract expressly authorizes them to collect them。
:: commission of owners or owners
Property companies are also entitled to collect utility charges if the owner or the owner's committee entrusts the company to collect them。
Local legislation or policy mandates
Some parts of the country are authorized to collect utility charges through local regulations or policies。
• direct responsibility for electricity and water supply by property companies
In some sub-regions, property companies may be directly responsible for the provision of electricity and water and are therefore entitled to charge fees。
3. Are property companies entitled to sell hydropower
Collection vs sales
Property companies usually charge utility charges only and do not have the right to sell them. The right to sell water and electricity belongs to the water and electricity enterprises。
:: special cases
If the property company is authorized to supply water and electricity, it may sell water and electricity on its own, subject to clear authorization documents。
4. Limitations on property company fees
:: fees
Property companies may only charge fees at contractual or government rates, and may not raise prices or charge extra fees without permission。
Transparency of fees
Property companies should disclose the details of the fees and owners should have the right to know where the costs are going。
5. The rights of owners
:: refusal to charge fees indiscriminately
The owner has the right to refuse payment if the property company is not authorized or in breach of contract。
:: access to justice
Owners can defend their rights by:
1. To the owner's committee
