Is it reasonable to charge a deposit for the transportation of large furniture in public facilities in the community?
Poly Kangqiao Community
Mr. Yao, who works in the logistics industry, recently encountered an annoying thing: he and his colleagues were charged a 100 yuan deposit by the property during a door-to-door delivery. Although the deposit was refunded when he left the community, he wondered whether the community could collect deposits for outsiders? Are the deposit requirements and the amount reasonable?
Mr. Yao challenged the practice of the property in the Poly Kangqiao Community in Chenghua District through the Chengdu Internet Administration and Social Appeal Platform.
The Chengdu Commercial Daily-Red Star News reporter saw in the video provided by Mr. Yao that the deposit collection and registration process was completed by a property staff member. While registering the information, this property staff member confirmed the owner’s address, whether there is a delivery need, and product information, and asked Mr. Yao to provide identification. During the registration process, the staff member did not specify the reason for collecting the deposit, indicating that this was a regulation of the property company. Finally, the staff clearly informed Mr. Yao that "the deposit will be refunded."
In the afternoon of August 26, the reporter came to the Poly Kangqiao Community at No. 199 Shanbanqiao Road, Chenghua District, to visit the situation. In front of gate 2 of the community, the reporter noticed that the two takeaway riders did not refund the deposit when they left the community. After inquiring, the reporter learned that the community did not collect deposits for the takeaway riders. The reporter continued to observe in front of Door 2. A courier was also released by the property staff after confirming the information with the owner through a video phone in front of the door. The property staff did not collect a deposit during the period.
Who needs to charge a deposit for entering and exiting? What is the basis for collecting the deposit? The reporter asked the property staff at Gate 2 of the community about the situation. “We don’t charge a deposit for relatives and friends brought in by the owner, and no deposit is required for takeaway express delivery. We will charge a certain amount of deposit for decoration or removal of large furniture, which will be returned when the staff leaves." The property staff told reporters that the deposit is not a charge, but the purpose is to protect the public facilities in the community. So far, the owner has not received any objection to this provision.
Resident Ms. Liu told the reporter that she herself had heard of this deposit, but she did not understand the specific regulations. "When our house moved the furniture, the master worker told us about this, but I haven't heard how the deposit standard was formulated. I personally understand the original intention of the property. After all, it is also for the public interest."
The reporter visited the real estate agency companies around the community and learned from Centaline Real Estate's Wharf Yuyuan branch that the property management in the Poly Kangqiao Community is indeed strict, but it does not collect a deposit from the watchmen of the real estate agency. "We need the owner's power of attorney and work license as proof of identity. At the same time, we need the owner to notify the property management and gate guard of the community in advance, so that it can be released smoothly." A real estate manager told reporters.
The reporter asked Poly Kangqiao Property Company about the amount of the deposit and how to collect it, and the response was "The property currently does not accept interviews."
Law/teacher/speaking/law
No relevant legal requirements
The amount must be approved by the industry committee
It is not uncommon for residential property management to collect deposits from outsiders. In Shanghai, Suzhou and other places, property management collects deposits from real estate agents and even all visitors except the owners. The deposit amount per person does not exceed 50 yuan. Are there relevant laws and regulations on deposit collection? Who determines the deposit amount?
In response to this issue, Xu Bin, a lawyer from Sichuan Junyi Law Firm, told reporters that the current law does not have relevant regulations, but it does not mean that property companies can make their own claims. “The main purpose of the property collecting this part of the deposit is to maintain the order of the community and maintain Public facilities have a certain degree of rationality. The deposit must be returned in time when the outsiders leave. The amount of the deposit needs to be approved by the community property committee and cannot infringe the rights of the owners."
Song Hongyu, a lawyer at Taihetai Law Firm, said that the collection of deposits from outsiders by community properties actually constitutes a contractual relationship. "There is a contractual relationship between the community property and outsiders, that is, the premise of the deposit refund is that the public facilities and the internal order of the community are not affected. However, if the community property withholds the deposit, its nature needs to be defined, and it cannot be in the form of fines. Detained because the community property is not an administrative agency or court, and has no power to fine."