The Research On Legal Issues Of Residential Community Property Service Charges

The basis of the property service charges is in the Building Ownership, and its nature is the price of property services and compensation. The property company extracts a certain percentage of payment or earns a certain amount of profit, the rest taken from the owners of property owners should be used for the owners of property, a balance used for the next year and a gap paid up by all of the owners. The difficulty in property service charges is one of the more serious problems existing in property services market. From a legal perspective, there exist inequality of claims and weakness of remedy for property service providers. From an economic perspective, because property services have the attribute of quasi-public goods, so there are problems of information asymmetry and free rider. At the same time, the government regulation is not enough.In China, property service charges are based not only on the law like Property Law but also on Property Services Contract and technology standards. Property owners and property companies should expressly agree on the project, content, price, charging method, agent fees matters of property service charges, to reduce disputes arising from the performance of the Property Services Contract. Many problems existing property service charges urgently need the establishment of the perfect supervision mechanism of property management services including relevant government departments, property management association, owners and Owners Committee, so to strengthen supervision on the services, service quality, revenue and expenditure accounts of property companies. Property Service Contract relationship is a agreement relationship between equal entities. As a party of the contract, owners have the right to know the contents, standards, costs of labor services, and the way to protect this right is to publish relevant situation of property service charges. In the market economy, the formation of property management fees is decided by the competition between the supply and demand sides in the market in accordance with market economy rules. The Government generally does not provide for specific standards of charges. Property service charges should be linked to the level and grade of the service, so to reflect the quality of the service. The supervision of Property management industry over property service charges should grasp the correspondence of service standards and charges, the menu of service items and level select, the elasticity of service standards and charges.