The operating income of the property company from using the common part shall be jointly owned by the owner

2022-02-16

The property service enterprise uses part of the business owned by the owner and refuses to distribute the income to the owner after obtaining the income. Recently, the people's Court of bengshan District, Bengbu City, Anhui Province concluded a property service contract dispute and ordered the property company to return the owner's public income of more than 370000 yuan after deducting reasonable costs. From November 2011 to April 30, 2021, Bengbu Yupeng property company provided property services for Wanfang Crystal City Community in Bengbu. It rented and operated parking spaces, elevator cars, unit door light boxes and other areas jointly owned by the owners, and the income obtained was never publicized to the owners, let alone distributed to the owners. In February 2021, after the establishment of the first owner committee of Wanfang shuijingcheng community, the property service contract with Yupeng property company was terminated according to law, and the property company withdrew from the community. The owner committee of Wanfang shuijingcheng community has always asked Yupeng property company to open its accounts and return the proceeds of public areas to the owner, but it has always been rejected. Yupeng property company left a working computer after withdrawing from the community. The industry committee invited professionals to restore the data in the computer hard disk, found the specific data of the fees collected by the former property company using the ground parking space of the community, contacted the merchants who put elevator advertisements in the community and the merchants who set up drinking fountains and express cabinets, and found the accounts or invoices during the cooperation between these merchants and Yupeng property company, Obtained the relevant evidence of the specific benefits of various public areas in the community. After hearing, the court held that, according to the provisions of the civil code, the income generated by the construction unit, property service enterprise or other managers using the common part of the owner, after deducting reasonable costs, belongs to the common ownership of the owner. Zhang Yupeng, the owner of the industry committee of Wanfang shuijingcheng community, returned the rental income of temporary parking spaces on the ground, the advertising income of elevators and the rent of water dispensers and express cabinets to support. According to the principle of fairness, after deducting 30% of the operating cost as appropriate, Yupeng property company shall return more than 370000 yuan of public income to the owner committee of Wanfang shuijingcheng community. ■ judge's statement ■ Article 282 of the Civil Code stipulates that the income generated by the construction unit, property service enterprise or other managers using the common part of the owner shall belong to the common ownership of the owner after deducting reasonable costs. If the property company has the tort of not disclosing public benefits and refusing to distribute public benefits, according to article 287 of the civil code, the owner has the right to request the property to bear civil liability. In the community where the industry committee is established, the industry committee shall file a civil lawsuit to the court on behalf of all owners. The industry committee can either request the property to use the public income after deducting the reasonable cost to supplement the special maintenance fund, or request the property to return the public income after deducting the reasonable cost, and then distribute it according to the provisions of article 283 of the civil code. In addition, the owner or the industry committee can also complain and report to the relevant administrative authorities. According to the regulations on property management, the above acts of construction units, property service enterprises or other managers not only constitute civil infringement, but also constitute administrative violations. According to Article 63 of the property management regulations, the relevant competent departments may impose administrative penalties of fines on them. (reporter Zhou Ruiping, correspondent Peng Jiajia, Liu Runming) (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:People's Court Daily

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