How to return the funds of community public income property to the industry Committee

What is community public income? What should I pay attention to in management and use?

Voice of Hubei | 202 1-04-04 12:24

With the development of economy and society, the income of elevator car advertising, parking fees for public places in residential areas, express cabinet rent and so on is increasing day by day, but for some owners, it may not be clear how much and where these incomes are used in their own residential areas. What is community public income? What are the laws and regulations in China? What should I pay attention to in management and use?

The public * * * part has income, and deducting the cost is the premise.

Article 282 of the Civil Code stipulates that the income generated by the use of the owner by the construction unit, property service enterprise or other managers shall be owned by the owner after deducting reasonable expenses. 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.

It should be noted that not all these incomes are 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.

For the illegal use of public income, our laws and regulations also have corresponding provisions. For example, Article 57 of the Property Management Regulations stipulates that if an owner disposes of the ownership or use right of all his public parts without authorization, the real estate administrative department of the local people's government at or above the county level shall impose a fine of 50,000 yuan to 200,000 yuan; If losses are caused to the owners, they shall be liable for compensation according to law. If the public income is used for profit, the owner can also claim to the actor to return the unjust enrichment during the unauthorized use.

The accounts are clear and transparent, and an entrustment agreement should be signed.

The management of community public income can be divided into several different situations. For communities that have not established owners' meetings and industry committees, public benefits are often managed by property companies. In this case, the property management company should open a separate community public income account in the bank, establish a ledger of income and expenditure, completely save information such as income balance, and regularly disclose the details of income and expenditure to the owners in a reasonable way, and accept the supervision of the owners. If the owner claims the right to know from the property company, the property company shall give a clear answer.

For the community where the owners' assembly and industry committee have been established, if a property company is entrusted to manage public benefits, an entrustment agreement shall be signed with the property company. Among the more important clauses, it is mainly to clarify which income belongs to public income and the ownership ratio of public income. Generally speaking, when a standardized property management company signs a public revenue contract with a third party, it will also list the industry committee as the main body of the contract, and both parties will sign a tripartite agreement with each other.

There is also a situation in which the industry Committee manages the public income on its own, and its methods and general rules are consistent with the escrow of the property company. But from a certain point of view, property companies can be subject to the dual supervision from the industry Committee and the majority of owners, and the supervision of the industry Committee mainly comes from other owners of the community. Therefore, as the main supervision subject, the owners should make full use of their right to know and supervise, ask the industry committee to disclose the income and expenditure regularly or irregularly, and decide the use and distribution of public income by convening the owners' meeting.

Maintenance funds should be replenished first, and then the balance should be distributed.

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 have new demands, but the maintenance funds are limited. It is a more scientific way to supplement the maintenance funds through public revenue. 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. Therefore, under the premise of sufficient maintenance funds in the community, using public income to send red envelopes or daily necessities to the owners can also improve the enthusiasm of the owners and the governance efficiency of the community to a certain extent.

In short, both property management companies and industry committees should be clear and transparent in managing public benefits according to law. The majority of owners should also mobilize their enthusiasm and fully exercise their right to know and supervise. With the joint efforts of many parties, we will create a more harmonious and friendly living environment and make our community better and better.

Editor: Liu Ying

Editor: Xiao Wen

Editor: Huang Juan

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