Every day, they enter and leave the neighborhood, pay their property bills on time, and many owners have a question in their hearts: money is spent, but no real service is felt? Either they feel that the property is nothing but money, or they have no knowledge of what they pay for it, and they hide their entitlements and their pits. The property industry will not tell you these things, and the result is that many of the candidates' houses ignore the property, pay their fees, and spend years without knowing it. Today, six secrets hidden in the property, whether new or old, are spelled out in plain words, and can be used to protect their legitimate interests。
I. Secretariat i: property fees are not a “sip” price, and these are less or less
Many owners pay as much as they think they will, and their in-kind fees are charged with clear criteria and exemptions, and the property will never voluntarily tell you what will or will not be paid。
First, the cost of unpaid property should not be borne by the owner. Whether the new house is not delivered or the second-hand room is not completed, the property is to be paid by the developer or the original owner for this period, and the property is to be refused if you ask for it. It is against the law that a number of development chambers distribute property fees from unsold sources to owners, who can complain to the building department。
Second, property services do not meet standards and can require a reduction in property fees. Property fees and property services are “reciprocal exchanges” where the property industry fails to perform the services contracted for, such as long-term clean-up of district sanitation, frequent vacancies in security posts, frequent vacancies in public facilities and delays in the repair of public facilities, and the owner can collect evidence and demand a part of the property deduction for property costs. For example, the elevator in a small area was broken for half a month without being repaired, the owners came together to negotiate with the property, and the property was eventually reduced by 20 per cent of the cost of that month, which was the right of the owners。
In addition, the owner has his own ownership of the parking space and is not required to pay fees in addition to the space management fee. It would be unreasonable for some properties to charge an extra “material fee” for the parking space purchased by the owner, who would only have to pay the parking space management fee (for parking and maintenance of the facilities) and would no longer have to bear other costs. If the property is forcibly collected, it can be reported to the price department。
Ii. Secretariat ii: public revenues in the sub-region, right of owners to share a piece
This is the secret that the property is least likely to be known to the owners — public revenues in the small areas, such as elevator advertisements, express delivery room fees, rental of shops at the entrance to the small areas, parking fees for public spaces, etc., which are not “private house money” for the property, but common property for all owners。
According to the civil code, the proceeds of operation of the communal district, after deduction of the reasonable administrative costs of the property, shall be owned by the owner as a whole, either to supplement the funds for specialized maintenance or to be used by the owner's decision as to how (e. G. Deduction of the property fee, improvement of the district facility). In reality, however, many properties may claim or not mention these public revenues。
How does the owner get his own income back? First, the property may be required to publish public revenue accounts, and the property is obliged to disclose revenue and expenditure in good faith; if the property refuses to do so, the owner may apply to the building department for an investigation. Second, since the establishment of the proprietors ' committee, the distribution of public revenues can be negotiated on behalf of all owners and property, such as the annual deduction of one month's royalties from public revenues to owners, which has already been achieved in many districts。
Iii. Secret iii: special maintenance funds, not property
The special maintenance funds for the sub-districts are the “house pension” paid by the owner when buying the house. They are used for the co-location of the sub-districts, for major repairs, renovations and renovations of facilities, such as outside wall renovations, elevator replacements, fire-fighting facilities, etc. This money is under the supervision of the building department, and the property has no right to be used at will, and many owners have been misled by the property to the point that it is the property that matters。
There is a strict process for the use of specialized maintenance funds: first, there is a maintenance programme, with the consent of owners with more than two thirds of the exclusive area and more than two thirds of the population; then an application is submitted to the residential department for approval before the transfer of funds is made; and once the maintenance is completed, the costs are disclosed and supervised by the owner。
If the property does not have the consent of the owner, it claims to use special maintenance funds, or to have the owner sign “the process”, it must be vigilant, which is likely that the property intends to misappropriate the funds. Owners can check directly with the building department and refuse to sign unreasonable documents。
Secret iv: the property has no “right to fine” and these charges are illegal
Many small estates have various “fine regulations”, such as fines for non-compliance with their owners' renovations, fines for waste disposal, fines for parking, and fines for traffic, and many owners have no right to pay fines if they fear trouble。
Fines are an administrative penalty and only administrative authorities have the power to impose them, and property, as an enterprise, may, at most, only be subject to liability for breach of contract, such as compensation for damages, not direct fines. If the property imposes a “fine”, the owner may refuse to pay and can also file a complaint with the market regulator。
There are also properties that collect “facing deposit” for entrance fees, which are also mostly irregular. The deposit for the renovation, if it is intended to prevent the owner from damaging public facilities, may be collected but must be refunded in full without damage after the renovation has been completed, while the “entry fees” charged to the refurbisher and the “charter fees” charged to visitors (except temporary parking) are without legal basis and may be strongly resisted by the owner。
Secretariat v: the owner has the right to change the property, not to “sniff”
Many owners feel that the property is designated by the developers and that they have no right to change and have to put up with it. According to the property regulations, a general assembly of owners has the power to decide on the selection and dismissal of an enterprise for the provision of property services, so long as the process is legal, it is possible to replace a poorly served property。
The process of changing property is not complicated: first, the establishment of a landlord's committee, which is the key to defending rights on behalf of the owner; then the organization by the owner's committee of an owner's congress to vote on whether or not to change property, which can be initiated with the consent of the owner, who owns a majority of the owner's area and a majority of the owner's population; and, lastly, the opening by the owner's board of tenders for new property to be handed over。
While the process of changing property may be a little cumbersome, it can move away from irresponsible property as long as owners come together. For example, the long-term poor service of the property in a small area, the successful dismissal of the original property following a vote organized by the board of owners, and the rapid improvement in the environment and the quality of services provided by the new property, as well as a more reasonable cost。
Secret vi: a "hegemonic clause" in the property can also be invalid
Many owners are required by the property to sign “hegemonic clauses”, such as “the owner may not contest the services of the property”, “the property is not liable for the property losses of the owner” and “the property fee is one year of sexual intercourse” when they sign a contract for property services, which many consider to be null and void。
According to the civil code, the party providing the form clause (the property) is void if it relieves itself of primary responsibility, increases the liability of the other party (owner) and excludes the other party's primary rights. For example, the property industry, which wrote in the contract that “the vehicle in the small area is lost and the property is not responsible”, has a security obligation and can claim damages if it can be proved that it has not fulfilled its security responsibilities。
When signing a contract for property services, the owner must look closely at the terms, encounter unreasonable content, present the case and request an amendment; if the property refuses, the signature may be refused and it may be referred to the building department. Even if signed by accident, there is no need to be afraid, as long as the clause is a “hegemonic clause”, it is possible to apply to the court for confirmation of invalidity。
Vii. How should owners defend their rights? Remember these critical steps
Knowing the secrets of the property, and more importantly learning to defend, avoid the waste of the property. A few simple and well-functioning steps were summarized, which the owners can write down:
Step 1: collection of evidence
Evidence, such as photographs (situations of poor hygiene in the subdistricts, notices of non-compliance with property), videos (security posts, damage to facilities), record-keeping of chats and payment certificates, etc., are essential for safeguarding rights。
Step 2: establishment of the owners ' committee
The proprietors' committees, which are the “primary backbone” of the owners' rights, can be better consulted with the property, supervise the work of the property, or even change it. The procedure for the establishment of such committees may be consulted with the neighbourhood or building department, and it may be initiated if the conditions are met (sub-district occupancy rate met, number of owners met)。
Step 3: complaints to relevant authorities
If consultation with the property fails, complaints can be made to the corresponding department:
- unreconciled property charges, hegemony clauses: looking for a market regulator (12315)
- inconsistencies in the provision of property services and the appropriation of public revenues: finding housing
- misappropriation of specialized maintenance funds by property: the search for construction and auditing services
- the imposition of fines, etc., by property: to the public security organs or municipal authorities。
Step 4: legal approaches
If the post-complaint issue remains unresolved, the owner may jointly bring the matter before the court to hold the property liable for breach of contract, and to return undue profits (such as expenses collected in the event of misappropriation, public gains appropriated). As long as the evidence is sufficient, the court generally supports the rightful claim of the owner。
Viii. In conclusion, it is important to be clear that property costs are paid and that interests are maintained
Property fees are not a “mistakeful sum” and owners pay for their services and protect their legitimate interests. In essence, these secrets of the property use the owners ' ignorance of the laws and regulations in order to violate their interests。
As owners, first of all, they must take the initiative to gain knowledge of the legal aspects of the property and not be held hostage by the property; secondly, they must unite to form a board of owners to work together to monitor the property; and lastly, they must defend their rights, face property irregularities, refrain from indoctrination and protect themselves with legal weapons。
After all, the community is the home of the owner and the property is a serviceer, not a “manager”. It is only when owners are aware of their rights that property can truly be “serving their own business”, where property costs are valued, clearly and clearly spent, and where it is no longer used to pay falsely。
