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The developer absconded with the money and the real estate license was gone.
How to solve a series of problems? The owners of Tianxiang Hua Ting have become headless flies.
Case playback
Developers abscond with 10 million yuan
Tianxiang Hua Ting Community is located at the intersection of Baishawan Road and Qutang Road in Yuhua District, Changsha City. It was developed by Changsha Hengfeng Real Estate Development Co., Ltd., 20 1 1 year 1 1 month. A few months after the owners took over the house, suddenly someone reported the legal representative of Changsha Hengfeng Real Estate Development Co., Ltd. and more than 300 owners of the property.
? The developer was arrested and the money was found, thinking that things could be solved. As a result, the real estate license could not be done. ? Huang Xinqiao, the owner of the community, said that in order to get back his maintenance funds and apply for the real estate license, the owner repeatedly found relevant departments to understand the situation and requested support, but so far there was no result.
The owner's dilemma
If you can't get the real estate license, the security of the community is not guaranteed.
Hunan Jiacheng Property Management Co., Ltd., which is now serving the community, was hired by the Tian Xiang Hua Ting Industry Committee and the community on 20121. ? The property has done its best, but the management of the community is very difficult, because there are too few people staying, the property fee is not much, and there is no maintenance fund. ? Huang, the relevant person in charge of the property company, said.
It is reported that there should be 365 owners in Tianxiang Hua Ting, and now there are only 100 households. The reporter walked into the community and found that there were very few people in the community. Except for a few environmental workers who are trimming flowers, security guards rarely see them. Many houses are vacant and the parking lot has long been closed.
? The real estate license has not been done yet, and the account can't be done. Children's schooling has become a big problem, and there have been thieves at home. ? Ms. Liang, the owner, said that the theft incidents in the community are endless, and the safety is not guaranteed. ? We also want to sell the house, but we can't sell it without the real estate license. If you want to rent it out, others think the community is not very good and don't want to rent it. ?
state of play
Freezing funds is a complicated matter. The lawyer suggested that the owners jointly sue.
After the developer absconded with the money, the community immediately set up the owners' Committee and the rights protection group. Huang Xinqiao always pays attention to the progress of the case.
? The Rio Tinto Police Station in Yuhua District has been involved in the investigation. The head of the Economic Crime Reconnaissance Brigade said that due to the large number of parties involved and the complexity of the case, there has been no conclusive evidence to prove the source and composition of the 24.8 million yuan of funds. ? Huang Xinqiao said that banks, builders, loan companies, owners and many other parties are all right holders. The developer owes the builder more than 20 million yuan in project funds, but he also raised 6.5438+0.4 million yuan from Hengfeng.
Relevant persons of the Political and Legal Committee of Yuhua District Committee admit that even if the funds are unfrozen, according to the law, after the 24.8 million yuan is awarded to the bank, paid to the national tax and paid to the construction party, it is estimated that there is not much money in the hands of the owners. ?
Lawyer Ye Xiangfeng of Hunan Yixing Law Firm analyzed that the causes of the case were complex, and criminal cases were also mixed with complex civil disputes. Although the judicial organs withheld part of the money, they could not clearly analyze and explain the reasons and sources of the money, so it is difficult to put forward a better solution to this case so far.
? To break this situation, I'm afraid we need a third-party authority to solve the problem from the overall perspective, organize all the right holders to coordinate with each other, and convince them that this matter can only be solved if some rights are given up. At the same time, the administrative department should reduce or exempt some taxes and fees as much as possible from the perspective of policy and law. After all, the owner of the house is also the biggest victim. ? Lawyer Ye suggested that the injured owners of Tianxiang Hua Ting could protect their rights and interests through class action. This newspaper will also continue to pay attention to the progress of this incident.
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