Hot issue

A few days ago, a news that "Beijing Municipal Commission of Housing and Urban-Rural Development investigated and dealt with illegal buildings" caused widespread concern. A property company in Fengtai District was put on file for unauthorized use of public parts and facilities (elevator advertisements, water vending machines, etc.). ). If the investigation is true, a fine of 50,000 to 200,000 will be imposed later.

Now there are advertisements in elevators in many communities, and the ownership of advertising revenue is also controversial. Mr. Chen, who lives in Xicheng District, Beijing, is an enthusiastic person in community affairs. After seeing the above news, he thinks that the elevator advertisement in his community is also a "confused account" and wants to find out whether the property needs the owner's consent when the elevator advertises. Who should the profit from the elevator advertisement in the community belong to? How to operate legally and legally?

Answer:

Elevator advertising revenue, in fact, is a part of the community public revenue, which belongs to the income obtained by using part of the community business.

What is a part of * *? Let's take a look at the provisions in the Civil Code: the roads and green spaces (except those belonging to urban public roads, urban public green spaces and individuals) within the building division are owned by the owners; Other public places, public facilities and property services within the building division also belong to the owner. In addition, there is a provision in the Civil Code that the income generated by the construction unit, the property service enterprise or other managers from the owner * *, after deducting reasonable expenses, also belongs to the owner.

Therefore, the answer to teacher Chen's question is very clear. The public income of the community belongs to the owner. Specifically, elevator advertisements, gate and gate advertisements, parking fees in public areas of residential areas, venue fees for vending machines and express cabinets, etc. All belong to the public benefits of the community, and should be owned by all owners after deducting reasonable costs. Generally speaking, "deducting reasonable costs" means paying a certain service management fee to the property management company.

As for the specific use of this income, the property management regulations stipulate that it can be used to supplement special maintenance funds, or it can be used according to the decision of the owners' meeting. The Regulations of Beijing Municipality on Property Management stipulates in more detail that when the balance of special maintenance funds in residential quarters is less than 30% of the initial amount to be raised, more than 50% of the public income shall be given priority to supplement the special maintenance funds, and the use of the rest shall be decided by the owners.

Then, there is another problem. How to operate elevator advertisements legally and legally? "Property Management Regulations" also tells us that those who use * * * parts and * * * facilities and equipment in residential areas to operate should go through relevant procedures in accordance with the regulations after obtaining the consent of relevant owners, owners' congress and property management companies; Property management companies that use the parts and facilities of the property without authorization shall be fined between 50,000 yuan and 200,000 yuan.

So everyone should pay attention. If your property operates elevator advertisements without the owner's consent, or takes the proceeds for yourself, it is definitely illegal.