Provisions on the use of community public interests in the civil code

Matters such as cost sharing and income distribution of buildings and their ancillary facilities, if agreed, shall be followed; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area. Many owners do not understand the benefits of the community, and even disputes often occur between the property and the owners' Committee.

First, who should own the community public income?

The income from the use of some properties (including the income from the previous property management period) belongs to the owner of the * * * * property.

1, owned by all owners.

The parking fees for parking vehicles on roads or sites in the community, the income from advertising expenses such as obtaining advertising billboards by using public areas in the community, and the income from renting public buildings in the community to all owners' management houses and mobile houses are all owned by all owners.

2. Some owners.

Use * * * to obtain advertising fees, rental fees and residual value from some properties and facilities, which are owned by some owners. For example, when there are two or more houses in the community, the elevator advertising fee generated by one house belongs to the owner of the house.

Second, how to manage and control public revenue.

1. The public * * * income belongs to all owners. A general meeting of owners shall be held to decide who will control it. 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. At present, it is generally managed by property service enterprises and determines the use of public income.

2. The public income of residential areas shall be used for the working expenses of the owners' committee according to the decision of the owners' meeting. Unless otherwise agreed by the owners' meeting, the owners' meeting shall make a decision involving the use of income, which shall be agreed by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. The income and expenditure of working funds shall be published regularly in the property management area and subject to the supervision of the owners.

Third, how to use the public income of the community.

(1) is used to supplement special maintenance funds;

(2) It can be used for:

(1) Maintenance, renewal, transformation and installation of facilities and equipment for * * *;

② Development of owners' public welfare activities;

③ Working funds and subsidies of the owners' committee and the owners' board of supervisors;

(four) to invite the third party to audit the working expenses and operating income of the owners' committee;

⑤ Other matters agreed in the rules of procedure of the owners' congress.

Legal basis:

civil law

Article 283

Matters such as cost sharing and income distribution of buildings and their ancillary facilities, if agreed, shall be followed; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area.