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According to the provisions of the civil code, how to divide the public interests in the community?
With the continuous development of the times, the contradiction between residents and property in residential areas is becoming more and more prominent, and the public income in residential areas is also a confused account in most cases, and the Civil Code has made clear provisions on the public income in residential areas. From the day when the Civil Code came into effect, it became legal for residents in residential areas to fight for public interests.
The income of the community is a muddled account, which is rarely mentioned. Every community has some public areas, which always produce some economic value. Maybe it's the placement of drinking fountains, maybe it's the placement of express cabinets, maybe it's the advertisement of elevators and walls. These things will exist more or less in every community, but in real life, few owners know where these benefits go.
Some are because the property company has never mentioned it, and the owners do not understand it; Some are because the services of the property management company are not in place, which leads to the failure to collect property fees and misappropriate this part of the funds. But no matter what the reason, this part of the income is always a confused account, and it is difficult to determine the ownership and destination.
Article 282, Chapter 6, Book II of the Civil Code: The income generated by the use of the owner's part by the construction unit, property service enterprise or other managers shall be owned by the owner after deducting reasonable expenses.
The Third Session of the 13th National People's Congress voted to pass the Civil Code of People's Republic of China (PRC), which clearly stipulates the social public income, and the above are the relevant provisions.
It is clearly stipulated in the civil code that the public benefits of the community belong to the owners. In real life, the public interests of residential quarters are often in the hands of property. The Civil Code has been implemented since 202 1 1. After the implementation of the Civil Code, it becomes legal for owners to fight for public interests.
Although public revenue has been clearly owned by all owners, the normal operation of its carrier can not be separated from the support of property management personnel. Perhaps in the later life, the problem of public income will remain a difficult problem between the owners and the property for a period of time, but in the case of laws to follow, the problem will be solved sooner or later.
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