In March 17, 2011, I Shanghai Minhang District a friend advice: I host small property company sent a card last year, each charge 50 yuan deposit. This year to replace the new card before March 20th, provisions for, each charge 100 yuan deposit, after March 20th for each 200 yuan deposit. All charge a deposit will not give any certificate. Does the property companies charge a deposit has no corresponding law? We're going to which department consultation to get a reply?

   Answer: first, why change the access card? Only because of the replacement of the whole control system, the original card failure. If so, who has the right to decide to change access control system? Change control system should be equipped with a certain number of card? These expenses shall be paid from where? The author thinks, renewal and transformation to replace the access control system belongs to public facilities. "Shanghai residential property management regulations" provisions of the second paragraph: "seventeenth owners decided to raise and use of the special funds to repair or reconstruction, reconstruction, the building and affiliated facilities thereof, shall be subject to the exclusive part accounts for the total area of the building more than 2/3 of the total owners with more than 2/3 of the owners consent." Clearly, companies and property owners committee, including part of the owners, have no right to decide to change access control system and use the repair fund. The owners of the general assembly since decided to replace the access control system, it shall make a decision on the access card and equipped with a number of.

   Second, not the cost of entrance card by property services expenses. The "measures" property management service charges second stipulates that: "property service charges of the measures, refers to the property management companies in the property services contract, housing and ancillary facilities and related equipment repair, maintenance, management, sanitation and the maintenance of order within the region related, charged to property owners cost." Eleventh the provisions of the fourth paragraph: "property sharing parts, shared facilities equipment overhaul, repair and renewal, transformation costs, should be paid through special repair funds, shall not be included in the cost of property services property services expenditures or." Thus it can be seen, access control card costs shall not be included in the cost of property services property services expenditures or.

   Third, the property company did not disclose the fees owners refused to pay. "Open" refers to the public fees, fees, charges based on. "Regulations" provisions of article forty-fourth residential property management in Shanghai: "the property services should observe reasonable, open, consistent with the principles of quality price." " realty service enterprise shall be written in the property management area by the property services and charges project." Here the "should" is "must", failed to disclose the fees, the owners can ask the public, refused to disclose the owners can not pay.

   Fourth, the Commission and the owners of property companies have no owners agreed in the contract can be refused to pay fees. Property companies come by the owners committee, authorized by the owners of the general assembly, employ the services to owners of the company. Both the contractual relationship, contract relationship. The property of the company shall not exceed the scope of the contract charge additional fees or what deposit, forcibly collected, the owners can pay.

   Fifth, if the owners of the committee's decision has no legal basis, do infringes the lawful rights and interests of the owners? According to the State Council issued the "property management regulations" article thirteenth and the provisions of article nineteenth, the owners have objections to the owners of the committee's decision by the owners of more than 20%, can offer, request a temporary session of the owners' Congress, the owners of the Committee on the resolution vote by the owners of the general assembly. Owners committee did not convene a general meeting of owners, the owners can report to the real estate sector requires the organization to convene a general meeting of owners. The owners, the owners of the committee's decision in violation of laws and regulations, the administrative department for real estate of the people's Government of location of the property area, the county, shall be ordered to make correction within a prescribed time limit or cancel the decision, and notify all owners. Accordingly, if the owners committee decided to each card high deposit 200 yuan charge, the owners can complain to the competent department of the government real estate administrative streets, villages and towns, explain the reasons and basis for the request.

   Sixth, the owners can ask the Commission and the owners of the property company announced the access card cost. It should be said, installation of access control system plays an important role in maintaining security and interests of the owners, but for access card fee height, or charge a deposit, there is no clear legal provisions, if the property company charged by Ya Jinhe card cost anti difference is too large, it is necessary to have maoni. In view of the fact that if the owners do not move, the card will be used for a long time, the deposit will never return, which became a major event not. Therefore, the owners of this confusion can be reflected to the owners of the committee by the owners of the committee, also can communicate with the property company, details for public access cards required costs and production costs, and the owners pay a deposit and interest to accept and use, the supervision of the owners. By the way, not to charge a deposit receipts is wrong.

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