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Does the property income belong to the owner?
According to the relevant provisions of China's Civil Code, the owner owns the exclusive parts of buildings such as business buildings and has the right to co-manage the parts other than the exclusive parts. In order to better protect the owner's right to the residential part, the Civil Code stipulates that part of the owner's income belongs to the owner. The income generated by the construction unit, the realty service enterprise or other managers, after deducting reasonable costs, shall be owned by the owners. With this legal provision, there will be a clearer legal basis for owners to claim part of the proceeds from residential property management companies or other managers in the future.
People's Republic of China (PRC) Civil Code
Article 271 The owner of the differentiated ownership of a building enjoys the ownership of the exclusive parts of the building, such as houses and business premises, and the condominium of the parts other than the exclusive parts.
Article 282 The income earned by the construction unit, the realty service enterprise or other managers from the owner shall be owned by the owner after deducting reasonable expenses.
Second, what is the owner's right to know and claim?
The owner has the right to manage part of * * * together with * *, and of course has the right to know part of * * *' s profits. According to the provisions of the Civil Code, property service providers should regularly and reasonably disclose some of the owners' operations and income, and report to the owners' congress and owners' committee. The people's court shall support the owner's request to publish, consult the use and income of * * and other information and materials that should be published to the owner. When the residential property company or other managers fail to disclose part of the income on time, you, as the owner, can ask them to disclose it and safeguard your right to know. Changing the use of some areas of * * *, using some areas of * * * to engage in business activities, and punishing some areas of * * * *, matters that should be decided by the owners' meeting or management regulations according to law should be recognized as "other major matters" involving the management rights of * * * and * * *, and should be decided by the owners according to law. Accordingly, the business activities of the realty service enterprise or other managers entrusted by the owner using the residential part are legal matters that should be decided by the owner. The opinions on matters decided by the owners shall be put forward by all the owners or the owners' committee entrusted by the owners' congress or other units and organizations that can represent the interests of all the owners.
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