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Who owns the real estate advertising revenue?
The public area of the community belongs to the owner's public property, and the property is only responsible for the normal operation and management of public facilities in the public area, and does not have private property rights. Owners have the right to profit from advertisements in public areas. After deducting reasonable advertising expenses, its income belongs to the owner.
Residential owners have exclusive ownership of the purchased housing units, and some external walls, elevators and corridors of the building have ownership. In other words, the use right and income of the elevator in the community should be owned by the owner. The distribution of advertising revenue in residential areas should be carried out by all owners.
Before the owners' meeting and the owners' committee are established, according to the preliminary realty service contract, the realty service enterprise entrusted to operate the parts and facilities used by * * * can manage the public benefits of the community on its behalf; After the establishment of the owners' congress and the owners' committee, the owners' congress may decide on its own that the public benefits shall be managed by the owners' committee, or entrust the realty service enterprise with the management through the realty service contract.
When managing public revenue, the realty service enterprise shall specify in the contract the proportion of the related maintenance fees and management fees of the realty service enterprise to the public revenue. The realty service enterprise entrusted with the management of public income shall open a special account in the bank to store public income, and the income and expenditure shall be kept separately and shall not be shared with other accounts of the enterprise. Property service enterprises that manage multiple property communities shall establish separate accounts for the public income of each property community.
To sum up: set up advertisements in public places such as roads and green spaces, public facilities, and property service rooms, and the proceeds should be owned by all owners; Where advertisements are placed in the exclusive part of a building, the proceeds shall belong to the corresponding owners.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 273
The owner shall enjoy the rights and undertake the obligations for the part other than 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.
Article 282
The income generated by the construction unit, the realty service enterprise or other managers from the owner shall be owned by the owner after deducting the reasonable cost.
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