Real estate dispute: To whom should the income from the shared area be given?

The income from the shared area is questionable

"It's really a waste of money."

"A two-bedroom apartment of more than 100 square meters has at most 80 square meters, and the rest has become a public stall. "Ms. Chen, who lives in Beiyuan Homestead, has two trash cans and a bicycle at her door. "I spent hundreds of thousands of yuan to invest in shares, and I also have to pay the heating and property fees for this community, which takes up some space to build a building. I also have to balance it."

Enter Beiyuan, where Ms. Chen lives. In Building 8 of Marinoa Garden, there is a 1-meter-high shoe shine machine at the door of the unit, with advertisements hanging on the machine. Advertisements for weight loss products and broadband Internet access are also hung on the walls of the corridor, and there are also advertisements for alcohol and game consoles in the elevator room. Other buildings even have shelves dedicated to supermarket advertising flyers. "The revenue from these advertisements alone should be a lot every year!" Ms. Chen said, pointing to the advertisements in the corridor.

In the six years she has lived here, Ms. Chen has been confused about where her income goes. Who took the money? Who used it? Where is it used? Are all property owners' public revenue funds "really flooded"?

These problems not only bother Ms. Chen. "The movie theater occupies our shared area", "The property owner will distribute the income from the shared area to the owners in accordance with regulations", "Posting advertisements in the elevator room must first obtain the owner's consent". ..., has always been one of the issues that owners are most concerned about in many communities in our city regarding owner forums, shared area and the whereabouts of income.

"Currently, only a few owners are able to discover the problem of income from shared areas. Most owners have never even heard of it. It's not that they don't pay attention, but they don't know about it at all." A real estate industry insider said.

"The property company should list the use of the income from the shared area in the annual income and expenditure announcement." A person in charge of the Property Service Guidance Center of the Municipal Housing and Construction Commission said that owners can ask the property company to explain the situation or apply to the housing management department for verification; if the property company uses the property without the owner's consent, they can report it to the housing management department.

It is difficult for the property owners committee to get money

"It is difficult to spit out the money once it is in the stomach"

But for Tao Ran of Xicheng District, who established the property owners committee more than two years ago For the North Bank-Yunzhuyuan community, having an "organization" can only be regarded as the first step on the road to demanding public benefits.

The purchase contract presented by the relevant person in charge of the property owners committee shows that the office building of the property is publicly owned. Mr. Zhang, director of the Yunzhuyuan Property Owners Committee, said that the office building has been rented out for many years and is now turned into a billiards hall.

Since the developer and the property owner refused to disclose the specific rental amount, the property owners committee asked someone to do the math: According to the prices of nearby shops, the rent of this billiard hall will be at least 200,000 yuan per year. 200,000 yuan is not a small amount for Yunzhu Garden. A member of the owners committee told reporters that according to the property's publicity, the annual income of Yunzhu Garden from the public area is less than 150,000 yuan.

"They didn't give me 200,000 yuan, and they didn't give me 150,000 yuan. They just refused to give me the money. I couldn't spit out the money!" said a staff member of the property owners' committee.

In the more than two years since its establishment, the Yunzhuyuan Owners Committee has been working hard to generate revenue from public areas. Starting in March this year, the property owners committee began to use legal means to ask developers and old property companies for the community’s previous public area income. But the Chinese New Year is coming soon, and there is no conclusion yet.

The use of proceeds is embarrassing

"It is too difficult to hold an owners meeting"

When searching for information about the area of ????the public stall online, Mr. Li, the owner of Zaoyuan Community in Daxing District Startled. He pondered for a long time and felt that he had been deceived by the owner three times - before the billboard was erected in the public area, the owner did not know; after the advertising revenue was obtained, the owner could not get it; after the property management company used the proceeds, the owner did not know either. "If we don't pay attention, the money will disappear without anyone noticing?" he said.

"Strictly speaking, the property management company should obtain the consent of all owners before using the shared area." Bi Wenqiang, a lawyer at Beijing Shengting Law Firm, cited Article 70 of the Property Law: The owner has ownership rights in the exclusive parts of the building such as residences and commercial buildings, and has absolute ownership in the parts other than the exclusive parts. and *** have management rights.

"The income earned by the property management company from using the shared area without the owner's knowledge, even if it is offset against the property fees, is an act that damages the legitimate rights and interests of the owner." Bi Wenqiang said that property companies should put part of their income, including the community's shared area, in public accounts. The property company must obtain the consent of all owners before using this part of the proceeds. After a property committee is established in a community, an owners' meeting should be held to discuss usage issues.

But this "rule" makes the Golden Sunshine Community in Shijingshan District very difficult. Not long ago, the Dome Sunshine Owners Committee just received a list of the use of part of the income from the property use this year, including the income from the public areas of the community, issued by the property company. The list shows that since February this year, the property company has taken over the management of Jinding Sunshine Community and has spent a total of more than 1.3 million yuan, including road construction, emergency maintenance, etc. Mr. Guo, director of the property owners committee, said that the income from the public areas of the community is managed by the property company, and the property company will also obtain the consent of the property owners committee when using this fee.

"Even if it is approved by the owners committee, it is illegal." Mr. Guo bluntly said that before using this income, no owners' meeting was held. In a community with nearly 4,000 residents, it is a bit unrealistic to hold an owners' meeting every time a sum of money is used.