What happened to Nanyang Yuhua Mall?

More than a thousand business households in Yuhua Shopping Mall in Nanyang, Henan Province were driven out of the mall.

20 1 1-04-09 08:48 source: China radio network print this page is closed.

China Broadcasting Network, Beijing, April 9 (Reporter Lu Min) According to the Voice of China, six days ago, in Nanyang, Henan Province, Yuhua Shopping Mall, which is mainly engaged in clothing wholesale and retail, suddenly closed, and 1000 business households were inexplicably driven out of the shopping mall. At the same time, the owners of these businesses were informed that in the absence of most owners, the owners' committee signed a house lease contract with Datong Trading Group for 15 years, and the owners' physical shops may be demolished.

To this end, a number of listeners called the china national radio news hotline 400-800-0088 to reflect this situation, and the reporter immediately went to Nanyang for investigation. Who forcibly closed Yuhua Mall? Does the owners' committee have the right to sign a house lease contract without the owner's permission?

Yuhua Mall is located in the bustling area of Nanyang City, only one kilometer away from Nanyang Railway Station. Yesterday (8th) morning, the front of Yuhua Mall was more lively than usual. Hundreds of tents of various colors were set up in the square in front of the shopping mall. There are people selling clothes, shoes, socks and daily necessities under the tent, and there are hawking sounds with Nanyang accent from various loudspeakers.

A merchant told reporters that they are merchants of Yuhua Mall. Since April 2, the doors of Yuhua Mall have been locked, and businesses are not allowed to enter or even pick up goods. They can only take out the inventory at home and start setting up stalls in the square.

Merchant: People kicked us out, and the goods were locked inside, worth tens of thousands of dollars. These goods (on sale) are out-of-season cotton-padded jackets that I took home before, and now they are sold out.

On the other side of the mall, hundreds of owners gathered to distribute materials. According to the written materials drafted by the Owners' Rights Protection Committee of Yuhua Mall, the owners' committee passed a resolution in violation of the law, suddenly closed the market, and privately signed a lease contract of 15 years with Nanyang Datong Trading Group.

Sha, the core figure of the owners' rights protection Committee, said that the owners' Committee closed the market in the name of power failure. In the eyes of more than 500 owners who participated in rights protection, this is a play directed and performed by themselves. Because they rented the entire Yuhua Mall to Datong Group privately as early as February, in order to let Datong Group settle in smoothly, the industry Committee closed the door and drove away the merchants, in order to make the uncooked rice mature.

Sha: It is clearly stipulated in the law that the owners' committee can only make a decision within the scope of property management after everyone votes. Involving these demolition and reconstruction, the owners' meeting must be held. They didn't hold the owners' meeting at all.

The owner who participated in the rights protection provided a lease contract signed between the industry committee and Datong Group, showing that the lease period was 1 1, starting from March 1. At the same time, it is pointed out that Datong Group is allowed to design and decorate itself according to its own business needs without destroying the main structure of the original building.

Zhang Hong, a member of the Owners' Rights Protection Committee, said that apart from the low rent, this is the biggest opinion of the owners involved in rights protection. Now the shops are not separated by walls, but by small partitions, which are divided into independent property shops of several square meters to several hundred square meters. If they are allowed to design and decorate themselves, it means that the partition will be demolished, and their store will become a virtual property store from an independent property store, which will be greatly restricted and affected in future sales.

Zhang Hong: You see, I have a separate house, which is an independent property right. He tore it down for me and turned it into virtual property rights. This is a hypermarket. Want to sell, can't sell. I want a mortgage, but I can't get it. Caused countless contradictions. For example, my child is going to college now, and I want to sell my house. No one dares to buy it when it comes. Which one should I buy? So in order to protect rights, we don't agree with their demolition.

Zhang Hong stressed that the lease contract signed by the industry committee privately is invalid, because they are independent property shops, and the owners have their own real estate licenses. The industry Committee has no right to replace 2054 owners and rent their own houses.

Zhang Hong: The responsibility of the industry committee is to manage the property. He had no right to sign a contract with chase, but he signed a contract with chase without telling 2000 owners. He broke the law.

How powerful is the owners' committee? Close the mall, sign a lease contract, and rent out the personal property of 2054 owners. Why did the owners' committee do this? Is there any legal support behind their actions? What are the unknown reasons? Is everything just like what the Owners' Rights Protection Committee said, that is, the Owners' Committee of Yuhua Mall "illegally passed a resolution" and closed the market and rented it privately without informing 2054 owners?

Lawyer Xu Bin of Beijing Jinghua Law Firm said that, first of all, the owners' committee has no right to decide the rental of owners' houses. Secondly, even if most owners agree to rent, as long as one owner disagrees, no one can rent his house instead of the owner.

Xu Bin: The industry committee can operate common parts, such as parking lots and property management rooms, and go through some formalities. This is the property of all owners and must be managed in this way, and the pool area is the same. But if it involves personal things, you can't do it on behalf of others. Furthermore, the owners' assembly has no right to rent out the whole community, whether it is commercial or non-commercial (projects). For example, there are 2054 owners holding owners' meetings. If 2000 owners agree to rent out the house and 54 owners disagree to rent out the house, then rent 2000, because he has to sign 2054 lease agreements, not just one lease agreement. As long as he only signed a lease agreement, all the owners who didn't vote have the right to declare the contract invalid, that is, they have no right to dispose of it.

At present, the dispute over Yuhua Mall continues. The local government has come forward to coordinate and invited lawyers to intervene in the consultation. However, the authority of the owners' committee and the relationship between the owners' committee and the owners reflected by this incident may be the same problem faced by many commercial real estate and residential quarters.