Provisions of the Civil Code on Community Clubs

The provisions of the community club are as follows:

First, the ownership of buildings. Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.

Second, the owner's rights and obligations to the exclusive part. Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings.

Clubhouse refers to a place that provides people with comprehensive entertainment and leisure activities in the community. With the development of urban construction and the improvement of people's living standards, the structure of residential quarters has undergone great changes, and the construction of residential quarters has developed from the traditional decentralized and single-function way to the centralized, integrated and modern direction.

If the owner's objection to the change of use of the clubhouse is made clear at the beginning of construction planning, and the function of serving the owner is highlighted in property sales and advertising, it is also clearly stipulated in the purchase contract. Although the property right belongs to the developer, if it is changed without the consent of the owner, it is also a breach of contract, which infringes on the interests of the property buyers, and the owner can defend his rights through legal channels.

Roughly set the internal functions of the clubhouse:

Meeting places, such as cafes, multi-function halls, barbecue halls, etc.; Fitness venues, such as gymnasiums, swimming pools, rhythm rooms, squash courts, billiards halls, table tennis rooms, basketball courts, tennis courts, small golf driving ranges, saunas and steam rooms; Entertainment places, such as reading rooms, concert halls, projection rooms, children's entertainment rooms, etc.; Comprehensive facilities, such as small supermarkets, small clinics and temporary nurseries. Clubhouse is a comprehensive leisure and entertainment service facility mainly serving the owners of residential areas. Mainly to enrich the amateur cultural life of community residents, provide convenience for residents' daily life, create a harmonious and comfortable community environment, and carry the task of community cultural construction.

Who should own the operating income of community clubs?

1. It is the developer's obligation to build a community club in the real estate.

Clubhouse is a comprehensive leisure and entertainment service facility mainly serving the owners of residential areas, mainly to enrich the amateur cultural life of residents in residential areas. It is the developer's administrative obligation to build corresponding clubs in newly-built residential quarters. In the early stage of the project, the developer must report the scale, functions and planned service projects of the future supporting facilities to the relevant departments for review, so as to apply for issuing planning permits and construction permits, both of which are compulsory permits; After obtaining the license, the developer must build supporting commercial service facilities in strict accordance with the commitments in this application document, otherwise it will bear corresponding legal responsibilities.

2. The property right of the club belongs to the developer, and the operating income belongs to the developer.

Clubhouse is a business-oriented place, which will inevitably bring some benefits in the process of operation.

legal ground

People's Republic of China (PRC) Civil Code

Article 282 The income obtained by the construction unit, the realty service enterprise or other managers from the same part of the owner, after deducting reasonable expenses, shall be owned by the owner.

Article 283 Where the parties have agreed on matters such as cost sharing and income distribution of the house and its ancillary facilities, such agreement shall prevail; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area.