Opaque operating income and expenditure can easily become confused accounts. Where is the public interest of the community?

What is the income of the community and where is it spent? These two questions make Mr. Li, a resident of a residential area in Chaoyang District, Beijing, completely puzzled because? The property was not publicized, and you didn't tell me if you asked? .

Mr. Li has paid the property fee on time every year since he moved into the community on October 20 18, but he has been very dissatisfied with the service quality of the property management company, especially since the other party has never publicized the public income of the community to the owners for many years. Even though he and his neighbors visited the property owners many times and even asked them to disclose the details of their income and expenditure, they never got a clear response.

According to the provisions of Article 282 of the General Principles of Civil Law, the profits from the use of the same part by the owner * * by the construction unit, the realty service enterprise or other managers shall be owned by the owner * * after deducting reasonable expenses.

In practical work, many communities entrust public facilities to property management companies, and the owners do not participate. Over time, these public interests are easily dominated by property companies, and some owners ignore them or even? Give up? This part of the right. The reporter of "Rule of Law Daily" recently visited several communities in Beijing and found that the public income accounts of many communities are rarely published, and most owners know little about the income situation.

Many interviewed experts pointed out that managing the public revenue account of the community is not only related to the quality of life of residents, but also reflects the ability of social grassroots governance. Under the premise that the relevant laws and regulations clarify the ownership of public interests, we should strengthen the transparency of residential property information, protect the owners' right to know, improve the supervision and management mechanism, enhance the owners' legal awareness, and solve public interests by the rule of law. Mysterious? .

Volkswagen * * * has a wide range of income sources.

Most owners don't know much about it.

The reporter randomly interviewed more than 20 owners in Beijing, Tianjin, Hunan, Guangdong and other places, and found that most owners did not know which residential facilities belonged to the owners and which benefits should belong to the owners.

? I see advertisements in front of underground garages and elevators every day, but because of my busy work, I don't consider advertising income at all, thinking that they are all property. ? Mr. Zhang, who lives in a community in Shantou City, Guangdong Province, told reporters that the commercial housing community has more or less some benefits, but I can't say which ones are included.

In fact, in recent years, the sources of operating income in residential areas have become more and more diversified.

According to AARON Li (pseudonym), the property manager, the advertising revenue in the public areas of the community, such as outdoor advertising, elevator advertising, exterior wall advertising, etc. Parking berth income; Income from business premises; Occupy the income of express cabinets and vending machines operated by public * * * areas; Revenue from charging piles of battery cars; Compensation for public parts; Operating income from the use of public facilities such as activity venues, clubs and swimming pools; Part of communication operation management fee; Property management housing income; Compensation for damage to public facilities in residential areas * * * These are all sources of income for the public in residential areas.

Taking a residential area in Hangzhou, Zhejiang Province where he works as an example, he calculated an account in detail to the reporter: the residential area is located at the subway entrance and has been delivered for nearly 8 years, with 8 residential buildings and 2 commercial and residential buildings, with an annual operating income of about 600,000 yuan.

? Elevator advertising and parking spaces are the main sources of income. ? AARON Li said that some elevators are equipped with 25-inch LCD advertisements, and the rent per elevator is about 1.700 yuan/year; Each elevator has three frame advertisements, and the rent of each one is about 700 yuan to 800 yuan/year; Each elevator has 1 elevator door advertisement, and the rent of each elevator is about 800 yuan/year. This means that each elevator in the community earns about 4,000 yuan per year by virtue of elevator advertising. Parking revenue mainly includes above-ground and underground. Temporary parking spaces on the ground are operated externally, with 5 yuan/hour and 30 yuan capped every day; Underground public parking spaces, with monthly rent ranging from 400 yuan to 500 yuan. According to the property contract signed by the owner and the property, this part of the income is divided into 50-50 between the owner and the property company.

The reporter recently visited more than 0/0 residential quarters in Beijing/Kloc and found that various commercial advertisements were posted or hung in elevators, corridors, small gardens, external walls of buildings, bulletin boards and other places in these residential quarters. I walked into the elevator room of a high-rise residential building at random and saw many elevator advertisements. The reporter made a rough count. Four frame advertisements, 1 paper advertisement and 1 electronic screen advertisement, were plastered all over the four walls of the elevator room.

Mr. Zeng, who is engaged in the advertising industry in Beijing, told reporters that the annual income of wall advertisements and light box advertisements in the community is at least 1000 yuan according to the size and advertising content.

The reporter also saw at the scene that many automatic drinking fountains, express cabinets, milk vending machines and mineral water vending machines were installed on the open space between some residential buildings. According to the current market price, the rent of each express cabinet is generally 3,000 yuan to 4,000 yuan/year, and the rent of each mineral water milk vending machine is about 3,000 yuan/year.

? In some communities without industry committees, these public expenses can easily become the hidden income of the property. These hidden incomes include not only advertising fees and land occupation fees, but also uncommon broadband admission fees and communication base station fees. ? AARON Li said that these incomes should have belonged to all the owners, but in fact, most of the community's public income has entered the property income account, which is very considerable, and some even account for nearly one third of the total property income.

There is little disclosure about the whereabouts of income.

Frequent contradictions and disputes

With the increase of social income, the disposal of income has become a sensitive issue.

According to the provisions of Article 70 of the Property Law, the owner enjoys the ownership of the exclusive parts of buildings such as business buildings, and the condominium of the * * * parts other than the exclusive parts.

In some areas, property management regulations are also very clear. The rental and charging standards for supporting facilities in residential areas shall be agreed in the contract through consultation between the owners' committee and the users. Property service enterprises and occupancy units that have not established owners' committees shall publicize to all owners for comments, and the public income and necessary expenditures belonging to all owners shall be publicized regularly.

For example, according to the Regulations of Beijing Municipality on Property Management, property service personnel should set up a publicity column in a prominent position in the property management area, publicize it truthfully and update it in time? How about the use of public utility fees, property fees, public utility revenue and expenditure, and special maintenance funds in the last year? , and can inform all owners through the internet.

? On the one hand, the owner needs to know how much income there is and where it is used; On the other hand, owners should also understand and judge the rationality of the use of income. ? Qin Liangping, deputy secretary-general of the Property Management Law Committee of the Beijing Lawyers Association, said.

Among the 10 residential areas visited by the reporter, only two residential properties have publicized the details of citizens' income and expenditure, and three residential properties can meet the needs of owners for auditing accounts. And most of the explanations given by residential properties without public accounts are? It was usually released in the first quarter, but it has been withdrawn now? .

The reporter noted that at present, the traditional way of community public welfare publicity is still mainly posting announcements, and the application of new media such as WeChat or QQ group, applet and App is low, which also makes many residents unable to know the whereabouts of public welfare in time.

As early as March, 20021year, the investigation report of Jiangsu Consumer Rights Protection Committee on more than 2000 samples of1year showed that it was very common that information such as community public income was opaque and owners' right to know was not guaranteed.

The survey data also shows that more than 60% of the respondents think that the use of community public income is not reasonable enough, mainly reflected in? The right to decide on the use of public income mainly depends on whether the amount used in the hands of property does not match the balance of public accounts. The maintenance cost of the property is obviously higher than the market price? And then what? Property always uses funds first, and then informs the owner? And so on.

Because of this, some owners who know more about the public interest said in an interview. Even if there is propaganda, it is difficult to judge the authenticity. Why not pay attention and settle down? .

However, with the gradual improvement of owners' awareness of rights protection in recent years, the use of public income often becomes a focus of property disputes. Reporter of China Judgment Document Network? Real estate+public income? By keyword search, it was found that there were about 470 related articles in 20 16 years, which increased to nearly 780 articles in 20 17 years, jumped to nearly 1500 articles in 20 18 years, and reached more than 3,000 articles in the following three years.

In September this year, one? The residential property refused to pay the operating income, and the industry Committee sued for a claim of1.375 million, which was supported by the court? The news triggered a heated discussion in society.

From September 20 12 to February 200212, a property management company has been providing services for a residential district in Nantong City, Jiangsu Province. Before the expiration of the service contract, the property management company shall audit and publicize the operating income and temporary parking fee income during the service period. After the delisting of 202 1 at the end of February, it was too late to hand over the above-mentioned income to the community industry committee. The industry committee decided to file a lawsuit according to the resolution of the owners' meeting, and claimed RMB1375,000 from the property management company after deducting the operating expenses.

The court held that the operating income such as community parking fees belongs to all owners, and the property management company should deliver the income belonging to all owners of the community to the owners. Its overdue payment constitutes a breach of contract, and it should bear the liability for breach of contract such as continuing to perform and compensating for losses. The judgment supports the demands of the community industry committee.

Improve income management rules

Explore new ways of supervision

According to the relevant laws and regulations, the decision on the distribution and use of operating income rests with the owners' meeting, but it is difficult for more than half of the owners to agree to convene the owners' meeting. At present, there are thousands of households in many communities, and the owners are busy with work, afraid of trouble, and have little personal strength, so they cannot form effective supervision.

The lack of supervision has led to the controversy over the final use of public revenue. In the interview, the reporter found that some owners are out of? Instead of seeing things, why not send them to your hands and be practical? The mentality of advocating using income for welfare; Some property companies believe that this money can be used to supplement the special maintenance funds of the community, improve the facilities and equipment used in the community, or as a subsidy for property fees.

How to manage this account well and test the wisdom of community grassroots governance. In this regard, all localities have actively explored.

From July 2065438 to July 2009, Hangzhou, Zhejiang Province issued a pilot work plan for information disclosure of property management income and expenditure, requiring owners' committees and property service enterprises to input the monthly items, amounts and summaries of property management income and expenditure into the information platform of Hangzhou Housing Insurance and Housing Management Bureau. After real-name authentication, the owner can query the operating income and expenditure of his property management area through the information platform. At the same time, Hangzhou has made it clear in the relevant working system of the owners' committee (for trial implementation) that in principle, more than 50% of the property operating income should be used for the maintenance, renewal, transformation or supplementary special maintenance funds of the property.

Since then, many places have also guided owners to invest their operating income in the maintenance of residential facilities when formulating relevant regulations.

In September this year, the Housing and Urban-Rural Development Department of Fujian Province, together with other departments, promulgated the Measures for the Administration of Public Revenue in Residential Quarters (Trial), which stipulated that during the prophase realty service period, realty service enterprises may stipulate some management matters of residential quarters according to prophase realty service contracts, and the management expenses of realty service enterprises shall not exceed 30% of public revenue. After the establishment of the owners' congress, with the decision of the owners' congress, the public income from the accounts of the owners' committee can be used for the maintenance, renewal and transformation of some residential quarters, the working expenses of the owners' committee and other public expenditures, and can also be used to offset the property service fees, water and electricity joint venture fees and other expenses decided by the owners' congress.

A month later, the Jiangxi Provincial Department of Housing and Urban-Rural Development formulated the "Guidelines for the Work of Owners' Congress and Owners' Committee (Trial)", stipulating that part of the owners' income should first be used to supplement the maintenance funds of buildings and their ancillary facilities. Part of the owner's income should be accounted for separately. The owners' congress shall set up an owner's fund account, which shall be managed by the owners' committee.

There are also some places to explore the establishment of * * * management accounts, standardize the storage and use procedures, and make the public income of the community more transparent.

In September this year, the "Regulations on Property Management of Residential Quarters in Hefei (Draft for Comment)" promulgated by the Office of Hefei Municipal People's Government of Anhui Province intends to stipulate that the public income of residential quarters should be accounted for separately and subject to the supervision of owners. Before the establishment of the owners' congress, the realty service enterprise shall set up public accounts in the people's governments of townships and towns and street offices; After the establishment of the owners' congress, with the consent of the owners' congress, the owners' committee may set up public accounts in township and town people's governments and sub-district offices.

In Qin Liangping's view, set up a * * * management account, make separate accounts, and manage property. The corresponding income goes directly into the management account of * * *, and the profits are distributed according to the agreed proportion after deducting the corresponding reasonable management expenses. This can not only stimulate the enthusiasm of the property management company, but also supervise its income and use, which is also conducive to protecting the rights and interests of owners and achieving a win-win situation.

Qin Liangping reminded that with the increase of the service life of the community, the supporting facilities of the community will continue to age, and the owners will also generate new demands, but the maintenance funds are limited. It is a more scientific way to supplement the maintenance funds through public income. Article 54 of the Property Management Regulations also stipulates that public revenue should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' meeting. On the premise that the maintenance funds of the community are sufficient and within the scope authorized by the owners' meeting, sharing the benefits from the public welfare fund in the form of red envelopes or daily necessities can also improve the enthusiasm of the owners and the governance efficiency of the community to a certain extent.

In order to better solve the supervision problem of community public income, Qin Liangping suggested that all localities can also explore a variety of new supervision methods, such as contract system, which packages the community public income as a whole to property management companies, and pays the fixed income to the owners, who are responsible for their own profits and losses; Or commission system, the property management company organizes investment operation, and the owner pays the service fee to the property management company according to a certain proportion of the operating income. After deducting the reasonable cost, the remaining income belongs to the owner.

? Sunshine is the best preservative, and the public affairs of the community can only be truly supervised if they are open and transparent. Whether it is managed by the property company or the owners' committee, or jointly managed by the property company and the owners' committee, it is necessary to publicize the details of income and expenditure regularly according to law and accept the supervision of the owners. ? Qin Liangping said that from the owner's point of view, it is also necessary to enhance the awareness of public interest rights, strengthen the study of relevant legal knowledge, and safeguard their own rights and interests according to law.

According to Yan Yuejin, research director of the think tank center of Yiju Research Institute, community public income involves not only the standardization and disclosure of accounts, but also the improvement of supervision and rules system. To solve these problems, it is necessary to provide stronger legal support for the establishment of the industry Committee, so that government departments can play a more active role, and property companies can fulfill more mandatory obligations in the process of the establishment of the industry Committee; At the same time, it is necessary to make the management rules of community public income more detailed. For example, government departments should formulate the form of public income in a unified way, conduct regular sampling inspections on the public income of residential areas, and severely punish acts of concealing or tampering with data and embezzling the interests of owners. In addition, we can also make efforts from publicity, such as using new media platforms such as WeChat official account to classify the public income of the community and publish it regularly by fixed personnel to protect the owners' right to know.

? Only by further improving laws and regulations, detailing the establishment of industry committees, public revenue management and penalties for violations, and increasing support for industry committees and supervision of property management companies, can relevant departments form a more balanced governance model in the community, truly defend the legitimate rights and interests of owners, and promote grassroots governance enjoyed by * * * * * *. ? Yan Yuejin said.

Rule of Law Daily reporter Wen She