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Who owns the property rights of clubs and property management houses in residential quarters?
1, the judge said, combined with the current situation of China's real estate market and overseas legal experience, the ownership judgment of the club can be divided into the following four situations. :
(1) If some houses in the clubhouse belong to supporting public facilities which are required by national and local laws and regulations to be built by developers and the ownership of which is clear, the property rights of these houses shall be determined according to relevant national and local regulations;
(2) If there are no provisions, the ownership of the whole clubhouse or part of the house is stipulated in the commercial housing sales contract, which shall be implemented according to the agreement;
(3) If there is no agreement or agreement, if the clubhouse is included in the pool area of the community, its property right belongs to all owners;
(4) In other cases, the ownership of property rights should be specifically determined according to various investment situations. Based on the principle of who invests, who owns and who benefits, the property right of the club belongs to the developer.
2. The judge said that the property right of the residential property management house belongs to the owner.
Extended data:
If the construction unit fails to allocate the necessary property management premises in the property management area according to the regulations, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give a warning, confiscate its illegal income and impose a fine of 654.38 million yuan to 500,000 yuan.
Without the consent of the owners' meeting, if the realty service enterprise arbitrarily changes the use of the property management house, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and impose a fine of 65,438+10,000 yuan or more and 65,438+10,000 yuan or less;
If there is income, the income will be used for the maintenance and conservation of parts, facilities and equipment used in the property management area, and the rest will be used according to the decision of the owners' meeting.
People's Network-Who should own a community club? ? The industry Committee and the developer are in court.
China government network-property management regulations
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