Is it illegal for property to encroach on owners' public income?

It is illegal for property to encroach on owners' public income. The public part of the community belongs to the owner's public property, and the owner has the right to use the public part. As a manager, the property should belong to all owners after deducting reasonable costs from the income generated by the owners.

Property companies occupy public resources in residential areas, which can be divided into two situations, that is, whether they have obtained the authorization of developers or all owners. It is necessary to distinguish between these two situations to discuss this problem. In the absence of an industry Committee, the property company in the community is hired by the developer. This is the so-called prophase property management stage. At this point, the developer can authorize the property management company to manage the public parts and ancillary facilities of the community, and at the same time authorize the operation. In this case, most of them are legal. If there is infringement, the infringers are mostly developers.

When signing a property contract with a property company, the industry committee should clearly stipulate how to distribute the public benefits between the owner and the property company, when to pay the expenses, and the liability for breach of contract for overdue payment, so as to avoid disputes. At the same time, it is necessary to elect fair and decent owners who are enthusiastic about community affairs and have high comprehensive quality as members of the industry committee, and the industry committee will regularly verify the charging vouchers and original materials of the property company on behalf of the owners, and regularly publicize the charging balance. If the property management company does not cooperate, does not issue the original receipts and payments for verification by the industry committee, or does not return the public benefits, the industry committee may sue the property management company on behalf of all the owners, requiring them to produce the original receipts and payments and return the overcharged public benefits. The Industry Committee shall open an enterprise account for the enterprise expenses of the community, and the income and expenditure of the account shall be publicized to all owners on a regular basis and subject to the supervision of all owners.

Legal basis:

People's Republic of China (PRC) Civil Code

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.

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.