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According to the relevant laws and regulations, the public parts and common facilities of the community belong to all the owners, but in many communities, the property is using these public parts and common facilities for for-profit business activities, and the common is to rent out some supporting properties in the community, post advertisements in elevators, gates, etc., the owners now basically know that these income of the property belongs to the public income of the community, which should be shared by the owners, and the owners will generally require the property to publicize the operating income of the public area. Otherwise, a right-to-information lawsuit will be filed.
Regarding the owner's right to know lawsuit, how the owner recovers the public income embezzled by the property, the previous article has introduced, and today I want to talk about the fact that since these public areas belong to the owner, how can the property be used and operated without the consent of the owner? What are the procedures for the operation of public areas?
Many property owners may have a strange question, but it is true that when we move into a new complex, the properties selected by the developer have already occupied the common areas and are already operating in these areas. When you get the key to the new house and enter the community, you will find that the elevator is full of decoration advertisements around the elevator, and the community has already had a warehouse, a breakfast shop, and an express station, but the house used is part of the property room, the guard room, the cleaning lounge and other community supporting facilities. Many property owners have become accustomed to this, which community is not like this, and who else can these areas be operated by property management?
The above regulations are very clear, but which "master" has complied with them? Did you ask the owner for advice before posting an advertisement in the elevator, or did you ask the owner for instructions when renting out the supporting rooms in the community?
Isn't it possible for property owners to request that the property disclose public benefits, and can't we still file a right-to-know lawsuit? But will the property cooperate with the publicity, the court may not accept the right to know lawsuit filed by the owner of the property committee without the establishment of the property committee, the author of the right to know lawsuit of the owner of a community in Songbei, Harbin City the year before last, was "rejected by a judge surnamed Yang of the Songbei District Court without trial"! (The judge did not even understand the difference between the dismissal of the lawsuit and the dismissal of the claim).
Some owners will ask, what should we do, before we move into the community, the property has already used the public area to operate, and it is difficult for us to set up an property committee, how can the owners protect their rights? The following examples will inspire us.
If the owner finds that the property has used the common parts to operate without the consent of the owners' general meeting, he may report to the administrative organ and punish the property according to law, and at the same time require the property to supplement the maintenance funds with the embezzled public income or hand it over to the owners' general meeting for disposal.
This is the first fine issued in Xiamen for the illegal use of property owners' income, but it will not be the first or only property infringement of property owners' income in Xiamen, not only in Xiamen, but also in all parts of the country There are a large number of property infringement of owners. The Xiamen Construction Bureau's approach has undoubtedly played a certain deterrent role in the property.
It is reported that in this month, the Organization Department of the Huli District Committee of Xiamen, the Construction Bureau and other six departments jointly organized a third-party agency to carry out the audit of the common funds of the community, not only including the public income of the community, but also increased the daily special maintenance funds, etc., and the property company encroached on the public income of the owners, income and distribution of non-public problems have been rectified, and good results have been achieved.
The majority of owners should firmly believe that under the leadership of the party and the state, the infringement of property owners will be gradually reduced and resolved, and we will definitely have a better tomorrow.
Owners & Properties