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Laws and regulations on public income distribution
According to the law, all owners should own the public income of the community. According to Article 273 of the Civil Code (202 1 1 will come into effect), the owner enjoys the right to the residential area outside the exclusive part of the building. Rights include possession, use, income and disposition. Article 274 stipulates that the roads and green spaces within the building division shall be owned by the owner, and other public places, facilities and property houses within the building division shall also be owned by the owner. Article 283. Where there is an agreement on matters such as cost sharing and income distribution of the house and its 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 part to the total construction area.
According to the Property Management Regulations, the income of public places can be used for special maintenance funds and can also make up for the lack of management fees, but it must be decided by all owners.
How to distribute public interests and when to publicize them should be agreed in the owners' convention and the articles of association of the owners' congress of the community in advance.
Security obligation is the most important and basic obligation of residential property companies. When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner. Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens. The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and owners' conventions.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 274 Rights such as roads and green spaces. Roads belonging to the owners within the building division, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.
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.
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