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Property disputes: to whom should the pool area income be given?

Doubt about pool area income.

"It's really spilled water."

"100 square meter two-bedroom apartment, up to 80 square meters, and the rest are shared." At the door of Ms. Chen's home in Beiyuan, there are two trash cans and a bicycle at home. "It cost hundreds of thousands to share the rent, and it also paid the heating fee and property fee in this area. The space occupied by the corridor is also balanced. "

Walking into Building 8 of Jasmine Garden in Beiyuan Jiayuan, where Ms. Chen lives, there is a shoe polisher with a height exceeding 1 m at the door of the unit, and advertisements are hung on the machine. There are advertisements for slimming products and broadband internet access on the wall in the corridor, and advertisements for liquor and video game city in the elevator room. Other buildings even have shelves for supermarket advertising leaflets. "This advertising revenue should be quite a lot every year!" Ms. Chen pointed to the advertisement in the building and said.

During the six years of living here, the whereabouts of this income have been bothering Ms. Chen. Who took the money? Who used it? Where is it used? Is the money shared by all owners "really poured out"

These problems not only bother Ms. Chen. "The cinema occupies our pool area", "Requires the property to distribute the pool area income to the owners" and "Does the owners agree to post advertisements in the elevator" ... All along, in the owners' forums of several communities in this city, the pool area and the income destination are one of the most concerned issues for the owners.

"At present, there are only a few owners who can find the problem of pool area income. Most owners have never even heard of it, not because they don't care, but because they don't know. " A property industry insider said.

"The property company should list the income from the use of the pool area in the annual revenue and expenditure announcement." A person in charge of the Property Service Guidance Center of the Municipal Housing Construction Committee said that the owner can ask the property company to explain the situation or apply to the housing management department for verification; If the property company uses it without the consent of the owner, it can report it to the housing management department.

It is difficult for the industry Committee to ask for money

"It's hard to spit money out in your stomach."

However, for Yunzhuyuan Community on the north shore of Taoran, Xicheng District, where the industry committee has been established for more than two years, having an "organization" can only be regarded as the first step on the road of asking for sharing benefits.

The purchase contract presented by the relevant person in charge of the industry Committee shows that the property office space belongs to the pool. Mr. Zhang, director of yunzhu Garden Industry Committee, said that this office space has been rented out for many years, and now it has become a billiard hall.

Since neither the developer nor the property would disclose the rent, the industry committee found someone to calculate an account: according to the price of nearby stores, the rent of this billiard hall is at least 200,000 yuan per year. 200,000 yuan is not a small sum for Yunzhu Garden. A member of the industry committee told the reporter that according to the property announcement, the annual income of the pool area of yunzhu Garden is less than 6.5438+0.5 million yuan.

"200,000 yuan was not given,150,000 yuan was not given. People just don't give it, and it's hard to spit money into your stomach! " A staff member of the industry Committee said.

Yunzhu Garden Industry Committee has been running for the benefit of pool area since it was established more than two years ago. Since March this year, the industry Committee has begun to ask developers and old property companies for the pool area income before the community through legal means. But the Chinese New Year is coming soon, and there is no conclusion yet.

Awkward use of income

"It's too difficult to hold a meeting of owners"

Mr. Li, the owner of Zaoyuan Community in Daxing District, was surprised when he inquired about the pool area information online. He pondered for a moment and felt that the owner had been fooled three times-the owner only knew it by putting up billboards in the pool area; After obtaining advertising revenue, the owner can't get it; The property company used this income, and the owner is not clear. "If we don't pay attention, the money disappears in the dark?" He said.

"Strictly speaking, a property management company should obtain the consent of all the owners before using the pool area." Lawyer Bi of Beijing Shengting Law Firm quoted Article 70 of the Property Law: the owners enjoy the ownership of the exclusive parts of the building, such as business premises, and the parts other than the exclusive parts have the right to jointly manage with * * * *.

"The property company's use of the pool area income without the owner's knowledge, even to offset the property fee, is considered to damage the legitimate rights and interests of the owner." Bi said that the property management company should put the income of all parts of the community, including the pool area, into the public account. Property companies must obtain the consent of all owners before using this income. If a community establishes an industry committee, it shall convene a general meeting of owners to discuss and use it.

However, this "regulation" makes Jinding Sunshine Community in Shijingshan District very difficult. Not long ago, Jinding Sunshine Industry Committee just received a list of income from the use of residential areas this year issued by the property company, including the income from pool area. The list shows that the property management company has spent 6,543,800+3,000 yuan since it took over the management of Jinding Sunshine Community in February this year, including road maintenance and emergency maintenance. Mr. Guo, director of the industry Committee, said that the common area income of the community is managed by the property company, and the property company will also obtain the consent of the industry Committee before using this fee.

"Even if the industry Committee agrees, it is against the regulations." Mr. Guo bluntly said that no owners' meeting had been held before using these proceeds. For a community of nearly 4,000 households, it is a bit unrealistic to hold a general meeting of owners for every sum of money.