Job Recruitment Website - Property management company - Who gets the profit from the elevator advertisement in the community?
Who gets the profit from the elevator advertisement in the community?
For example:
There is a quarrel between the owner of Xiaoli's residential area and the property management company. The reason for the conflict is that the two sides have a dispute over who should get the advertising revenue in the elevator of the residential area. The property management company thinks that this is an advertisement they have worked hard to make, and the proceeds should be owned by the property management company, while the owners of the community think that the elevators belong to the public areas owned by the owners, and the proceeds should also be owned by the owners.
Legal basis:
According to the provisions of Article 282 of China's Civil Law, the profits generated by the use of the owner by the construction unit, the property service enterprise or other managers shall be owned by the owner after deducting reasonable expenses.
Article 283 of the Civil Code stipulates that if there is an agreement on matters such as cost sharing and income distribution of buildings and their ancillary facilities, such agreement shall prevail; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area.
In this case, the view of the property company is obviously untenable. Although the property company can collect and manage the income generated by the public area of the community on its behalf, the residual income after deducting reasonable costs should belong to the owner, not the property company, and the property company has no right to possess it.
As for whether to send money directly to each owner, it depends on the situation, generally in accordance with the prior agreement; If there is no agreement, the owners may request the owners' committee to convene the owners' meeting to discuss the allocation scheme or allocate special maintenance funds.
What should the property company do if it does not return the income to the industry students?
1. The services of the property management company can be supervised and managed by convening the owners' meeting.
2. You can complain to the real estate administrative department of the local government and ask them to supervise and manage the property company.
You can bring a civil lawsuit to the local court.
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