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Can the community owner check the accounts of the property company?
The operation of the property management industry has its particularity, and the profit of the industry is extracted according to a certain proportion of the total cost of providing services to the owners. Therefore, the expenditure of management fees has become the most concerned issue for owners. After approving the annual revenue and expenditure budget of the management company, supervising the planned expenditure of various expenses has become an important content of financial supervision of property management. What rights do community owners have in this regard? Let's take a look at it together.
First, what rights do community owners have?
(a) housing property rights:
The owner's right to the purchased house comes from the ownership, that is, the property right of the house. The basic property rights and interests stipulated by the government for owners are the rights and interests of roads, greening, rest areas, vacant areas, elevators, stairs, corridors, aisles or other public facilities stipulated by the government. Ownership refers to the right to use and profit from public areas and public facilities, such as rooftop advertisements, ground public parking spaces, public green spaces, etc. When the buyer obtains the property right of the commercial house. Simply put, the advertising revenue that may be generated by the roof, fa? ade, elevator hall and elevator car of a real estate project and the operating income that may be generated by public parking spaces and public squares on the ground belong to the owners. For example, parking space is one of the main sources of income in public areas of residential quarters. In the past, these usufruct rights usually belonged to developers or property companies; Many commercial housing projects, communities and even elevators have various advertising settings, and this part of the income often goes into the pockets of property companies. If the developer fails to reserve the special rights and interests of the facade, roof, parking lot and other properties in the house sales contract, according to the principle of "whoever invests will benefit", the ownership of all public spaces, equipment and facilities related to the building belongs to all owners of the community, and any income arising therefrom also belongs to all owners.
(two) the right to choose property services:
Unless otherwise stipulated by national laws and regulations, the owner has the right to choose the way to manage the property. In the disposal of * * * own property, this power is exercised by all owners, and the owners' committee is usually authorized to exercise it specifically. Any individual owner who owns property has no right to exercise this power alone. Property can be managed by the owners' committee authorized by all owners, or by the property management company. All owners, through the owners' committee, have the right to choose a property management company. Among the rights enjoyed by owners, house ownership is the foundation and core, and the emergence and existence of ownership and membership rights are derived from exclusive ownership. Membership right is the right most directly related to property management, including: the right to know; Voting rights; The right to participate in the formulation of laws and regulations; The right to elect and recall managers; Right of claim; Supervision right.
Article 273 of the Civil Code (implemented as of 202 1. 1) The owner's rights and obligations on the * * part; the owner's rights and obligations on the * * part except the exclusive part of the building; You may not fail to perform your obligations on the grounds of giving up your rights.
When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.
Second, can the owners check the accounts of the property company?
Can every owner check and manage the company's accounts in the name of supervising the accounts? To be exact, the owner, as the payer, has the financial supervision right, but the way to exercise this right is not to manage the company's accounts through the owner's private investigation. The purpose of the audit is to supervise and manage the openness and transparency of the company's financial expenditure, whether it meets the budget items, and whether it deceives the owners in terms of expenditure. Both the supervisor and the supervised need to make authoritative and legally effective conclusions on the inspection results. Ordinary owners do not have professional financial knowledge, and even professional financial personnel cannot provide legal audit certificates in their personal capacity. Therefore, the management company has the right to refuse the owner's personal audit, otherwise every owner can abuse his own audit right and can only seriously interfere with the normal operation of the management company. If the owner wants to exercise this right, there are two ways to choose: one is to entrust an accounting firm to check privately; The second is to ask the owners' committee to entrust a professional firm for inspection. Only professional accounting firms recognized by national laws can provide effective audit reports, achieve the purpose of auditing accounts, safeguard the legitimate rights and interests of both parties, and really help owners exercise their legitimate rights.
As the owner, I am most concerned about the property fees paid and how the property company spends them. Is the flower reasonable? This is reasonable, because in reality, owners pay a lot of property fees every year, so it is appropriate to get services from properties, but some properties are fraudulent. In this case, the owners should exercise their rights and safeguard their own interests. In this case, it is actually a very important aspect to find out your rights as a community owner.
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