How to calculate the elevator fee of Taiyuan Fuli city
1: electricity charge
2: maintenance cost (including the cost of wearing parts, lubrication, etc. and maintenance by professional elevator companies)
3: salary of operation management personnel
4: medium maintenance and overhaul cost
5: Elevator annual inspection fee
The collection standard of elevator fees is not unified by the state, and the property classification and charging standards formulated by local governments are not the same. The common calculation method of elevator charge is:
1, charge according to the number of families
2
3. According to the floor, the ladder pricing is implemented
the main features of the elevator charging system are as follows:
1. All IC cards must be authorized or recharged by the system administrator before they can be used
2. The IC card authority can be set at will according to the needs (such as full floor card or single-layer authority card, etc. without authorization, other areas and floors beyond the authority can not be accessed)
3. When taking the elevator, you need to swipe the card first and then use it, so that people without card or authority can not enter and use the elevator, which can effectively save a lot of power loss
The power consumption shared by some users is equal to the power consumption of users, which is directly shared by the electric power department according to the standard of 2 kwh per month
the user's share of electricity in each month = basic electricity; The public electricity is apportioned by the owners or residents themselves
elevator belongs to fixed assets. The meaning of fixed assets is assets with a service life of more than one year and a unit value of more than 2000 yuan. The service life of fixed assets is its service life
within this period, the depreciation expenses are accrued, and then the repair and maintenance expenses are added to the service expenses of the elevator. The period of accrued expenses can be long or short, depending on the old and new degree of the goods
if it is a new elevator, the total cost is spread to its service life. Generally, the service life of the elevator is more than 20 years, but the property is generally depreciated in a relatively short time
if the depreciation period of the property is short, the elevator use fee can be charged more. This is also because the contract period of the property is generally short, and the elevator maintenance is carried out by professional personnel, so the fee is fixed
extended information:
before the establishment of the owners committee. Some buyers think that there are standards in all property charging countries
it is stipulated that if the special service fee is determined by both parties through negotiation, the monthly price of high-rise residential buildings is about 1 yuan per square meter, and the property fee accounts for. 52 yuan, and the elevator fee is determined by the owners' committee and the property management company through negotiation
With the graal establishment of market economy system. Because property companies charge the same fees for different properties, but the cost of property services is different. See the following provisions for detailsaccording to Article 2 of the measures for the management of property service charges promulgated by the national development and Reform Commission and the Ministry of construction, which has been implemented since January 1, 2004, the property service charges mentioned in these Measures refer to the agreement of property management enterprises in accordance with the property service contract
the fees charged to the owners for the maintenance, maintenance and management of the houses, supporting facilities and related sites, and the maintenance of environmental hygiene and order in the relevant areas< br />
one
there are different opinions
01
elevator fees should be charged by floor
many owners have complained like this: "why should people who live on the second floor pay as much as those who live on the 17th floor? The people on the second floor don't take the elevator, the people on the high floor should pay more, and the people on the first floor and the second floor should not. " However, the property company still charges the elevator fee according to the original standard, and the owners feel that they are particularly unbalanced. The owners living on the ground floor generally hold the view that they should not or should pay less elevator fees
02
elevator fees should be charged by households
for example, some owners live on the 14th floor with a building area of 132 square meters, while one of their neighbors has a building area of more than 60 square meters. He paid twice as much for the elevator as his neighbor. They think: "this is obviously unreasonable. Everyone lives on the same floor. Why pay so much more for the elevator? It's reasonable to share the elevator fee equally according to the households. " The large house owners living in the high-rise generally hold this view
03
the elevator fee should be charged according to the area
some owners think that the property law clearly stipulates that the property fee should be charged according to the building area. Moreover, the real estate area of each owner includes the shared area of the elevator. The larger one should pay more, and the smaller one should pay less. The owners of small houses in the same community generally hold this view<
03
the one who uses the elevator should pay the fee
some people also think that the most fair method of sharing the elevator fee is according to the number of uses, and the one who uses the elevator should pay the fee. Whether the owner is on the first floor or on the top floor, and regardless of the size of the building area, it is most reasonable to charge according to the number of uses. It is understood that some places have promoted the use of IC card elevator. The property management company will issue IC card to the owner according to a certain number of times of use and pre recharge. The elevator cost is linked with the number of times of use
04
according to the actual situation, a variety of standards are adopted
some people think that because the situation is complex and many factors need to be considered, the allocation of elevator fees should not be based on one standard, but should integrate various standards according to the actual situation
the above can be described as "different people have different opinions, different people have different opinions". It seems that all kinds of views are reasonable from different angles. In fact, 100 people may propose 100 kinds of apportionment methods, but no matter which mode is adopted, it is basically impossible to satisfy everyone. Then, from the perspective of legal theory, how to understand the problem of elevator fee sharing<
II
legal analysis
according to the second paragraph of Article 3 of the measures for the administration of special maintenance funds for residential buildings, "the common facilities and equipment mentioned in the Measures refer to the ancillary facilities and equipment shared by the residential owners or the residential owners and the relevant non residential owners according to the laws, regulations and the house sales contract, generally including elevator, antenna, lighting, fire-fighting facilities, fire-fighting facilities, fire-fighting facilities, fire-fighting facilities, fire-fighting facilities, fire-fighting facilities, fire-fighting facilities, fire-fighting facilities, fire- Green space, road, street lamp, ditch, pool, well, non-profit parking lot, garage, public welfare cultural and sports facilities and houses with common facilities and equipment It can be seen that the elevator belongs to the common facilities and equipment of the property. This should be uncontroversial. According to Article 80 of the property law of the people's Republic of China, if there is an agreement on the cost sharing and income distribution of buildings and their ancillary facilities, the agreement shall prevail; If there is no agreement or the agreement is not clear, it shall be determined according to the proportion of the owner's exclusive part in the total area of the building
in the legislative process of property law, there are different views on the cost burden and benefit distribution of buildings and their ancillary facilities by owners. Some people think that it should be determined according to the proportion of the owner's exclusive part in the total area of the building; Some people think that it should be determined according to the proportion of the owner's exclusive part in the value of the building. Others suggest that this proportion should take into account the comprehensive factors such as the area, floor, orientation, and purchase price of the owner's exclusive part. In view of the complexity of the situation in reality, and the specific situation of each building area is different, how can the owners bear the burden of the buildings and their buildings
1. According to the notice on adjusting the charging standard of residential elevator fee:
(1) charge according to the number of families: 10 yuan per person per month
(2) charge by building area: no more than 0.3 yuan per square meter per month
(3) for elevators in high-rise residential buildings with 12 floors and above, the government guided price is adopted (4) for multi-storey, small high-rise and non residential elevators, the charging standard will continue to be adjusted by the market (5) for the old residential buildings without property management, an agreement can be signed and charged according to the standards negotiated by both parties (6) the enterprise can raise funds to transform the elevator residential building: the agreement can be signed and charged according to the standard negotiated by both parties(7) residential change of use or business activities: the property can negotiate with the owner to agree on the elevator charging standard
(1) if the elevator does not run, the property management company shall be responsible for itthe people's court shall support the request of the property service enterprise by the owner to continue to perform, take remedial measures or compensate for the losses and other liabilities for breach of contract as stipulated in the laws and regulations and the relevant instry norms
(2) if there is a problem with the quality of the house, there is no conflict in paying the property service fee.
after the property company has performed the property service according to the contract, the owner shall perform the obligation of paying the property service fee according to the contract. Article 6 of the Supreme People's court's interpretation on Several Issues concerning the specific application of law in the trial of property service dispute cases stipulates that the people's court shall support the request of the property service enterprise for the owner to pay the property fee if the owner refuses to pay the property fee without justified reasons or fails to pay the property fee within a reasonable period of time
(3) if the lessee does not pay the property fee, the owner's responsibility can not be lost.
the contract established according to law has binding force on the parties to the contract and shall not damage the rights of the third party. The lease contract signed by the owner and the lessee can only make an agreement on the rights and obligations of both parties, which shall not be against the third party and shall not damage the rights of the third party through the contract
from the perspective of debt, the agreement between the owner and the lessee that the lessee should pay the property fee actually constitutes the transfer of debt. Transferring the original owner's debt to the lessee is effective between the owner and the lessee. This kind of debt transfer does not exempt the owner from the responsibility of paying the property fee without the consent of the creditor, that is, the property company
According to the property service contract, the property service company generally provides assistance management or service to the public order, environmental health, greening and other matters of property management, and what it provides is the public service of the community property. Therefore, the property safety of the owner's home should be specially agreed in the property service contract through negotiation between the owner and the property companyif there is no special agreement, considering the actual situation, the property service company should bear the corresponding compensation liability according to the degree of fault
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extended data:
in addition to dividing elevators into manned elevators and unattended elevators in the revised draft, they are also divided according to floors, and corresponding calculation formulas are provided. For example, if the starting floor of the elevator is a residential building, the elevator operation and maintenance cost per square meter of the building = {total elevator operation and maintenance cost / (building area of property registration - 70% of the building area of the starting floor of the elevator)} × 30%
the elevator operation and maintenance cost per square meter of other floor residents = the total elevator operation and maintenance cost / (building area of property right registration - 70% of the building area of residents on the first floor of the elevator)
in addition, according to different floors, according to the standards of 15 floors and below, 16-25 floors, 26 floors and above, 10 floors, 20 floors and 30 floors are taken as the base floors respectively. With each increase or decrease of one floor, the cost will also increase or decrease by 1%, but the total increase or decrease will not exceed 5%
ring the two sessions, the author put forward the following eight suggestions
1
2. The elevator should be listed in the compulsory annual inspection procts
3. Set up special fund for elevators in high-rise residential buildings 4. Define the specific period of after-sales service and the starting time of calculation, the scope of responsibility, the period of responsibility of manufacturers and installers, the responsibilities of maintenance and property units and quality departments, and standardize the supervision and management of their scope of responsibility According to the regulations, the elevator needs to be maintained every 15 days, and the relevant departments need to conct an annual inspection every year6. Collect maintenance guarantee fund from developers
Insurance can be used to compensate the injured owners8. The elevator car can be used as a place for advertising, and a certain advertising fee can be charged, and the fee will be added to the operating expenses of the elevator
I. The concept of property service fee
property service fee refers to the agreement of property service enterprises according to the property service contract, The fees charged to the owners for the maintenance, maintenance and management of the houses, supporting facilities and equipment and relevant sites, and the maintenance of environmental sanitation and order in the relevant areas< Second, the composition of property service fee
according to the regulations of the administrative measures for property service fee (fgjg [2003] No. 1864) which came into effect on January 1, 2004, the composition of property service cost or property service expenditure generally includes nine aspects:
1. The salary of management and service personnel Social insurance and welfare expenses drawn according to regulations
refer to the monthly salary paid by the property service enterprise to the employed management and service personnel and the welfare expenses drawn according to 14% of the salary. It includes basic salary, allowance, welfare fund, insurance, clothing fee and other subsidies, excluding bonus
2. The daily operation and maintenance costs of the common parts and facilities of the property
mainly refer to the hall, staircase, elevator, corridor, outdoor wall, roof, water supply pipeline, drainage pipeline, lighting lamps, elevator, post office box, lightning protection device, fire fighting equipment, road, green space, parking lot, septic tank Maintenance cost of stbin and public lighting cost
3. The cleaning and sanitation fee of the property management area
refers to the cleaning and sanitation fee of the public area in the property management area, including the cleaning tools, garbage cleaning, pool cleaning, disinfection and pest control, and sometimes includes the single foreign contract fee, such as the septic tank cleaning
4. The maintenance cost of greening in property management area
refers to the maintenance cost of greening in property management area and the cost of greening tools, greening water, pesticide, chemical fertilizer, weed cleaning and transportation, seedling replacement, etc
5. The order maintenance cost of property management area
refers to the order maintenance cost of property management public area. Including daily maintenance cost of safety monitoring system, equipment and equipment
6. Office expenses
refer to the relevant expenses needed by property service enterprises to carry out normal service work, such as transportation expenses, communication expenses, low value office supplies expenses, festival decoration expenses, public relations expenses and advertising expenses
7. Depreciation of fixed assets of property service enterprises
refers to the depreciation expenses of all kinds of fixed assets owned by property service enterprises, such as means of transportation, communication equipment, office equipment, engineering maintenance equipment, etc., which are apportioned and drawn monthly according to their total amount
8. Cost of public liability insurance for common parts of property, common facilities and equipment
in order to ensure that water and electricity, elevators and other facilities in the property management area can be repaired in time and the injured can be compensated economically, property service enterprises must take out property insurance and relevant liability insurance for these buildings and equipment and facilities, The choice of insurance type is determined by the type and nature of the property under management, but the will and bearing capacity of the owners must be considered
9. Other fees agreed by the owner
after negotiation with the owner, they are agreed to be included in the property service fee
it should be noted that the expenses for major repair, medium repair and renovation of the common parts and facilities of the property should be disbursed through the special maintenance fund, and should not be included in the property service expenditure or property service cost. According to the above instructions: according to the national laws and regulations, the property management service fee includes the elevator maintenance and operation fee. In addition, you need to refer to the "property management service agreement" signed with the property company when you live in the community. If there is another clear agreement on the elevator operation fee in the agreement, it will be charged separately, which is not included in the property management service fee, Then the property company can add the elevator operation cost according to the contract (agreement). In the normal operation of property management, because of the high frequency of use of elevators and the high operating cost of elevators in high-rise residential buildings, most of the time, the property management company will specify the terms of the elevator fee in the agreement separately. Now you can ask the property management company how to calculate the elevator fee and whether the fee has been approved by the housing authority and the price bureau, And whether the property management agreement has been filed with the Housing Authority, and if there is no property, it does not comply with the relevant provisions.