Job Recruitment Website - Property management - Provisions of the Civil Code on the Public Interest of Residential Quarters
Provisions of the Civil Code on the Public Interest of Residential Quarters
1, "People's Republic of China (PRC) Civil Code", the public benefits of the community are owned by all owners, and it is necessary to hold an owners' meeting to decide who will take care of it. Before the owners' meeting and the owners' committee are established, according to the preliminary realty service contract, the realty service enterprise entrusted to operate the parts and facilities used by * * * can manage the public benefits of the community on its behalf; After the establishment of the owners' congress and the owners' committee, the owners' congress may decide on its own that the public benefits shall be managed by the owners' committee, or entrust the realty service enterprise with the management through the realty service contract. At present, it is generally managed by property service enterprises, who decide the use of public income;
2. The public income of residential areas shall be used for the working expenses of the owners' committee according to the decision of the owners' meeting. Unless otherwise agreed by the owners' meeting, the owners' meeting shall make a decision involving the use of income, which shall be agreed by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. The income and expenditure of working funds shall be published regularly in the property management area and subject to the supervision of the owners. That is to say, the income generated by using part of the owners of the community is the public income of the community. For example, elevator car advertising revenue, exterior wall and light box advertising revenue, public parking lot revenue, and other supporting facilities revenue in the community.
Modern property management has the following functions:
1, the function of property management education and intelligence. The focus of modern property management is no longer the operation and service of the four traditional projects of cleaning, greening, housing management and security. Modern property management pursues a kind of community sentiment, feelings and culture, so that owners can shoulder a kind of emotional closeness. Such property management consumption can increase consumers' knowledge, broaden consumers' horizons, cultivate consumers' sentiment and improve the quality of owners in a subtle way;
2. The role of property management in promoting physical and mental health. In the modern urban population, more and more people are no longer satisfied with living in a corner. The pursuit of comfortable and personalized residential areas is becoming a concentrated expression of people's higher-level needs. The concept of "buying a house, buying an environment, buying a house and buying enjoyment" is accepted by more and more modern people. Because people spend most of their lives in the community. Living in a high-end residential area and enjoying high-end property management can produce a high experience of "forgetting myself". In this way, people will feel comfortable, open-minded, physically and mentally healthy and improve their quality of life;
3. Prospering the social function of property management culture. Property management consumption, like other consumption, has the law of gradual spiral from low level to high level. The higher the consumption level of property management, the more it shows the demand for high-grade services and high-grade cultural and spiritual services to meet its own high-level needs. Modern property management can promote the exchange of owners and the prosperity of community culture by establishing various platforms or taking various forms. The revitalization and prosperity of community culture will promote the information and emotional exchange between people. Therefore, in this sense, property management consumption promotes people's social interaction and emotional integration;
4. Property management has the function of purifying social air and promoting social harmonious development. It is one of the basic goals of modern property management to create a civilized, comfortable and peaceful home atmosphere and obviously improve the ideological and moral level and cultural quality of owners. High-quality property management consumption can improve people's overall quality, thus promoting the harmonious development of the whole society.
To sum up, these incomes are not all owned by the owners. Because when there are some enterprise management owners, the corresponding management costs will be spent. For example, the cost of hiring extra labor, the cost of purchasing parking lot charging system and related equipment, and some maintenance costs of * * * are all reasonable costs. After deducting these expenses, the remaining public income belongs to the owner.
Legal basis:
Article 282 of the Civil Code of People's Republic of China (PRC)
The income generated by the construction unit, the realty service enterprise or other managers from the owner shall be owned by the owner after deducting the reasonable cost.
Article 283
Matters such as cost sharing and income distribution of buildings and their ancillary facilities, if agreed, shall be followed; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area.
Article 284
Owners can manage buildings and their ancillary facilities by themselves, or entrust property service enterprises or other managers to manage them.
The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.
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