The property elevator advertising fee of 260,000 yuan belongs to the owner, which has been forced for many years.

Recently, a lawsuit about advertising revenue in a residential area in Shenyang has attracted attention. Because the verdict is that the advertising fee of 260 thousand belongs to all owners, which attracts many people to call. It turns out that the property owes us so much money and has been forced for so many years.

Nowadays, residential quarters are almost another new continent for advertisers. Many businesses seize the advantages of concentrated population in residential areas and advertising marketing to households, and seize this site one after another. Therefore, there are more and more advertisements stationed in the community. For advertising companies, many have said that if these advertisers cooperate with residential properties, they will usually give the property a certain rent.

Case review:

On March 15, Shenyang Intermediate People's Court announced a case.

The property management company released a large number of advertisements in the corridors, lobbies and elevators of Li Peng Garden AB District, Dadong District, Shenyang, and advertisers paid the property management company more than 260,000 yuan successively.

The owners' committee of this residential area believes that the property management company uses the parts and facilities of * * * to operate advertisements without the consent of the owners, collects advertising fees and uses them privately, which violates the property management regulations.

According to the property management company, the management right of this area was obtained after the government's approval and bidding for the record in 2004, and the operating cost is about 2.8 yuan per square meter. The property fee charged in Area A is only per square meter 1 yuan, and that in Area B is per square meter 1.5 yuan. With the cost increasing year by year, property companies have been operating at a loss. This money has been used to supplement the serious shortage of property fee income.

Although the property company explained a lot, in the end, the court ruled that the advertising fee of 260,000 yuan belonged to all owners.

Is it true?/You don't say. /You don't say. Do you want to spend the advertising revenue of your elevator?

For commercial advertisements entering the community, most owners did not express rejection or dissatisfaction. "It's nothing to put a few advertisements in the elevator. Maybe sometimes. " Mr. Ning, the owner of a real estate in Guizhou, said that because those advertisements are very eye-catching, he will take a look when he takes the elevator.

When asked if he knew that the public benefits of the community were owned by the owners, Mr. Ning sometimes said in surprise: "Impossible. It's good that the residential property didn't overcharge us for management fees. Do you still want to ask them for money? " Another owner, Mr. Li, also said that we are very busy at work, and we are also busy visiting the elderly and going out to play on weekends. We don't have much time and leisure to pay attention to the things in the community, as long as the advertisement is "harmless", it doesn't matter. As for the whereabouts of advertising revenue, "I have no loss, and I am too lazy to pursue it."

Yubao reporter visited the owners of eight Yubei residential areas, such as Shui Mu Nianhua and Mid-Levels Du Ming, among which 14 didn't know about the regulation that advertising revenue belongs to the owners. There is no need to give examples one by one. As the owner, have you ever thought that the original property posted advertisements in elevators and corridors and actually received your money?

Where is the legal basis for the property elevator advertising revenue to be owned by the owner?

According to the "Regulations on Property Management", those who use the * * * parts and * * * facilities and equipment of the property to operate shall go through the relevant procedures in accordance with the regulations after obtaining the consent of the relevant owners, owners' congress and property service enterprises. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.

In addition, Article 70 of the Property Law stipulates that the owner shall have the ownership of the exclusive parts of the building, such as the business premises, and the condominium of the parts other than the exclusive parts. Article 76 stipulates that other major matters involving * * * and * * management rights shall be decided by the owner.

Public * * * income belongs to the owner * * * and can also be used to offset the property management fee.

According to the regulations, advertising in public areas of residential areas must be approved by the owners, and the owners' committee and the property management company can negotiate with each other, and the property management company can charge fees. How and when to divide advertising revenue should be discussed with the owners' Committee. As long as it is the real will of the owners, the owners' committee has the right to refuse the advertisement.

To set up billboards in the property, the consent or authorization of the community owners or industry committees is needed. If the property company operates without the owner's permission, the owner can raise an objection, recover from the property through the industry Committee, and remove the advertisement.

If the property introduces advertisements or misappropriates advertising income without authorization, the owners or owners' committee may report to the local real estate administrative department according to the regulations on property management, and the real estate administrative department shall order it to make corrections within a time limit, give a warning and impose a fine.

(The above answers were published on 20 16-03- 17. Please refer to the actual situation for the current purchase policy. )

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