Community public income by property quietly interception judge to remind owners rights

Members suggested that policies should be introduced so that public revenue would no longer be "withheld" by the property; The judge representative took out "benchmark case" to remind the owner rights Yu in the Spring Festival Eve, the field of a residential community to the owners of "red envelopes" news, caused by the CPPCC members from Zhenjiang Jiang, and this so-called "red envelopes" In fact, the community at the end of the year to settle the elevator ads, car rental and other income, to the owners of dividends. In the community has been living in the 5-year Jiang comparison found that their community not only did not send "red envelopes", even the minimum income details he did not know.　　To this end, the two sessions of this year, the Jiang plan to make recommendations, the relevant departments should make rules, clear public part of the year-end income "dividend" principle.　　These are public revenue 1 Community public areas of advertising revenue, such as outdoor advertising, car ads.　　2 The income of parking spaces in public areas of the community.　　3 rental stalls in community public areas. Field survey of more than 60 of the elevator year advertising revenue 120,000, but never dividend "our residential buildings are small high-rise, the elevator colorful ads are not broken, these benefits should be owned by the owner."　　"CPPCC Commissioner Cheng Frankly, he is concerned about the distribution of income in public areas of this community, is due to a field of news, the news is that at the end of last year, the community residents happily received the red envelopes issued by the material, and red envelopes from the current year, including parking receipts, advertising and other items of income. After reading this news, Jiang-cheng contrast found that there are many ads in their own community, parking spaces are full, but why have not seen their own property companies to send red envelopes good?　　Asked the property company, the other side of the reply is very simple, as the management of the community, they have the power to operate the advertising in the community, and as a matter of control, the cost of their own management is very high, the light on the charge of the property is to lose money, so the benefits of these community parts of the public will naturally be used to subsidize their costs, to prevent　　Faced with the interpretation of the property company, Cheng, but let him worry is that, because the relevant laws and regulations "backed up", the property company still appears very tough, and the Community owners Committee also appears to be a bit difficult.　　In the survey, the Cheng members found that at least 80% of the local owners surveyed said they did not know about the income of the community's public property, although the remaining respondents expressed their knowledge, but they were not sure who owned the proceeds. Reporter came to a real estate visit in Chengdong yesterday, found that the community has 10 residential buildings, a total of 30 units, each unit with two elevators, each elevator has commercial advertising. The reporter then as the advertising company salesman identity and the community property company to get in touch.　　Property personnel said that the property management Area A total of more than 60 elevators, each elevator's advertising contract fee of 2000 yuan a year, if you want to add additional advertising logo in the community, can be packaged to sell, the price can be appropriate cheap. More than 60 elevators, each elevatorThe Advertisement contract fee is 2000 yuan, more than 60 elevators a year a total of more than 120,000 advertising revenue, if according to the plot of 1 yuan per square metre of property costs, as well as each housing 100 flat rice and rice product calculation, almost can be removed from the 120 residential quarters for a year of property costs, however, in fact, in the Community reporters met　　Have never been told, property charges can be a favorable notice, it is clear that all of the money is owned by the property company's revenue items. Cite the case 3 years nearly 6 million of the public returns to all the owners, Wuxi has "benchmark case" can follow "in fact," the property Law stipulates that the Community planning area within the public places, public facilities belonging to all the owners of the community, the relevant advertising revenue should be owned by all owners. If the property company to the community advertising performance of the maintenance obligations, in the relevant owners or owners of the General Assembly agreement, the property company can obtain maintenance and maintenance of advertising benefits, but this is not the full advertising revenue.　　"A representative from a court in Wuxi said in an interview yesterday that they had tried a case of public part of the community's income last year, and the total community owners benefited millions of yuan, and I believe the case will eventually become a nationwide treatment of similar cases," the benchmark. The thing is like this, November 2002, a Shanghai property company and Wuxi Spring River Garden Community developer signed the Prophase property management contract. In late December 2007, the Spring River Garden Community Industry Committee was established, in June 2008, the Industry Committee in accordance with the owners ' meeting to implement the owners ' autonomy resolution, wrote to the property company to terminate the Property Management service contract. In mid-July of that year, the two sides negotiated a transfer agreement, the property company promised to return the property management fees in advance, all kinds of security deposit nearly 2.3 million yuan. However, in reviewing the transfer list, the industry authority found that the total number of property management fees collected by the property companies from 2004 to 2007 was not included in the transfer list.　　Since then, the two sides have failed to negotiate and the property company has been sued by the industry commission. For the case, the Wuxi Local Court in the trial that the community of the total part of the property management proceeds, should be a total part of the income and cost of the difference in the community is mainly parking fees and club rental income. After accounting, the community owners in a few years a total of some can be confirmed total income of more than 4.14 million yuan. The Court considered that the total part of the income of the Community should be mainly attributable to all owners, the property company paid the management costs, should also enjoy a reasonable return. According to the distribution plan determined by the two sides, the landlord should be 70% and the property company should be 30%. To this end, the court decided that the property company would return 70% of the total portion of the proceeds to the Industry committee, plus other confirmed payments totalling 5.17 million yuan.　　The property company subtracts the more than 1.8 million yuan that has been fulfilled, and returns more than 3.3 million yuan. Members suggested that there should be a chapter on the income of the Community public part of the community, Cheng members said, if simply through the way of litigation to the property company also "money", obviously for many communities, the rights ofCost is too high, and for some without the owners of the community is even more difficult, it is easy to loopholes for the company, so the relevant property company's competent departments, should be a clear division of the scope of public revenue, and issued a corresponding mandatory norms, such as what kind of advertising can enter the community,　　The public income in the community is how to divide, the matter tube to swallow the community public income how punishment and so on clauses, only has the chapter to follow, can let the income which belongs to the community inhabitant can really use to the people. Cheng also suggested that it is necessary for government regulators to increase the popularity of the law in the community so that residents can clarify what rights and obligations they have. And as the owner should also strengthen the corresponding rights awareness. In many communities, some households live in the armchair, nothing to do, the owners of the General Assembly will not participate, even the unemployed committee did not know. The current property disputes continue, one reason is that the owners of their own rights are not strong, the owners are not united, so dare and property companies unreasonable overlord behavior should be encouraged and advocated. Newspaper reporter Yu