Is it reasonable that the rent of the public land in the community is collected by the property?

You have to open the purchase contract, what does the contract say, because some developers will say that before selling the house, the contract will indicate that the common area is managed on behalf of the owner, and if you don't pay attention at the time, then there is no way.

The property is entrusted by the property owner, according to the property management entrustment contract, to maintain, repair and remediate the property building and its equipment, municipal public facilities, greening, sanitation, transportation, public security and environmental appearance and other management projects, and to provide comprehensive paid services to the property owner and user.

There is also a property contract, and if there is a contract that indicates the installation of a monitor, if he cannot provide video footage, even if he breaches the contract, they will be responsible. And if they have a parking shed and you have to park in the hallway, they won't be responsible.

Agree with the opinion from upstairs.

If the common area you are talking about is indeed specified in your purchase contract, whether the common area can be used for stalls is subject to the resolution of the owners' general meeting, then the rent collected by the property belongs to all the owners, and the property is subject to public income and expenditure.

The stairway is a fire escape and no items are allowed, of course, the property will not be responsible.

If you feel that setting up a stall has affected your normal life, you can report to the chengguan whether it is illegal to occupy the road.

Property management companies shall collect rent when using the property premises of the community. The main basis is as follows:

1. According to the provisions of Article 16 of the Measures for Property Undertaking and Inspection, common facilities include "motor vehicle (non-motor vehicle) parking facilities, leisure and entertainment facilities, fire protection facilities, security monitoring facilities, civil air defense facilities, garbage transfer facilities and property service rooms".

2. In accordance with the provisions of Article 11 of the Measures for the Administration of Property Service Charges, the fees related to common facilities have been included in the service cost and constitute service fees; It only specifically stipulates that "the overhaul, medium repair, renewal and transformation costs of the common parts of the property and the common facilities and equipment shall be disbursed through special maintenance funds, and shall not be included in the property service expenditure or property service cost".

3. The above provisions indicate that not only the construction costs of the common facilities have been apportioned by the owners, but also the costs incurred after they are put into use are also apportioned by the owners; Therefore, the use of common facilities such as property service rooms, parking facilities, and civil air defense facilities should be rented to realize the sharing of benefits by the owners in the form of supplementary maintenance.

Make suggestions in accordance with laws and regulations, hope to help friends, please give and like.

Legal analysis: property service companies do not have the right to rent out the common parts of the community and collect rent. According to the relevant provisions, although the property service enterprise can enjoy the right to dispose of the common parts of the property, the premise is that it should obtain the consent of the owners' general meeting, otherwise it will constitute infringement and should bear legal responsibility.

Where the common parts of the property and the common facilities and equipment are used for business, the relevant formalities shall be handled in accordance with the provisions after obtaining the consent of the relevant owners, the owners' general meeting and the property management service enterprise.

Legal basis: Article 54 of the "Property Management Regulations" The use of common parts of the property, common facilities and equipment for business shall be subject to the consent of the relevant owners, owners' meetings and property service enterprises, and the relevant formalities shall be handled in accordance with the regulations. The income obtained by the owners shall be mainly used to supplement the special maintenance funds, and may also be used in accordance with the decision of the general meeting of owners.

1. What should I do if the property occupies the public land in the community?

If a property wants to occupy public land, it needs to obtain the consent of the owners' committee. According to the laws of our country, owners and property service enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of owners.

2. What are the rights and obligations of co-owners?

Rights of co-owners:

2. The right to the benefit of the common part. The co-owners may collect the benefits arising from the common parts in accordance with the statute or the co-ownership, such as renting out the roof, allowing the installation of billboards on the external walls, etc.

3. The right to repair and improve the common parts. The co-owner has the right to repair and improve the common parts, that is, the common parts can be repaired and improved without affecting or impairing the inherent nature of the common parts of the building. However, the act of improvement must be approved by all the owners of the division, and must be transferred to the repair and improvement with its exclusive part, and shall not be disposed of separately.

4. The right to relief for the common part. When distinguishing all buildings from being infringed upon by a third party. Any owner of the distinction has the right to demand that the infringer cease the infringement and claim damages.

Obligations of co-owners:

1. The purpose of the common part cannot be changed. Distinguish between the use of the common part by all co-owners in accordance with the original use of the common part and the use specified in the agreement.

2. The common part shall not be divided. The co-owner of all the co-owners shall not request the separation and disposition of the common property, nor shall he request the division of the common property, and shall maintain and preserve the common property.

3. Share maintenance costs. All co-owners shall bear the cost of using, maintaining, and managing the common part in proportion to their due share.

Article 274 of the Civil Code of the People's Republic of China states that roads within building zoning belong to the owners in common, except for urban public roads. The green space within the building zoning belongs to the common ownership of the owners, except for the urban public green space or the express belonging to the individual. Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

Article 283 of the Civil Code of the People's Republic of China, where there is an agreement on the cost sharing and income distribution of buildings and their ancillary facilities, the agreement shall be followed; If there is no agreement or the agreement is not clear, it shall be determined according to the proportion of the area occupied by the owner's exclusive part of the project.

If the property wants to occupy public land, it needs to obtain the consent of the owners' committee, and if the property occupies the public land without the permission of Zhiranhong, it can request the owners' committee to negotiate and require it to return the occupied public land, and if the negotiation fails, it can apply for mediation by the grassroots organization, or file a lawsuit with the people's court. Article 50 of the "Property Management Regulations" Owners and property service enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of the owners. If the owner really needs to temporarily occupy the only register, excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management service enterprise shall be obtained; If a property management service enterprise really needs to temporarily occupy or excavate roads or sites, it shall obtain the consent of the section opening committee.

Owners and property management service enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit.

Property charges generally include the daily operation and maintenance costs of the common parts of the property and the common facilities and equipment. It is illegal for property companies to insist on charging so-called "public energy consumption fees".

Article 7 of the Property Management Regulations: Owners shall perform the following obligations in property management activities:

Pay special maintenance funds in accordance with relevant national regulations;

Pay the property service fee on time;

Article 36 of the Property Management Regulations: Property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.

Article 41 of the Property Management Regulations: Property service charges should follow the principles of reasonableness, openness and the cost and service level, distinguish the nature and characteristics of different properties, and the property service enterprises shall be agreed in the property service contract in accordance with the property service charges formulated by the competent department of ***** in conjunction with the competent administrative department of construction.

Article 42 of the Property Management Regulations: The owner shall pay the property service fee according to the property service contract. If the owner and the property user agree that the property user shall pay the property service fee, the owner shall be jointly and severally liable for the payment.

For properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit.

Article 43 of the Property Management Regulations: The competent departments of the people's governments at or above the county level, together with the competent departments of real estate at the same level, shall strengthen the supervision of property service charges.

Article 67 of the Property Management Regulations: If the owner fails to pay the property service fee within the time limit in violation of the property service contract, the owners' committee shall urge it to pay within the time limit; If the payment is still not made within the time limit, the property management service enterprise may file a lawsuit with the people's court.

Answer: In addition to the property fee, the public energy fee can be charged, and what fees are included in the property fee? The strata fee is the cost of the strata company's services. The constituent factors of the cost of the public service fee of property management under the lump sum system or the expenditure on property services under the remuneration system are:

A) property service personnel's wages, social insurance and welfare fees according to regulations; (B) the property service common parts, common facilities and equipment daily maintenance costs; (C) the cost of cleaning and sanitation in the property service area; (D) the cost of greening and maintenance of the property service area; (E) the cost of maintaining order in the property service area; (6) Office expenses of property service enterprises; (7) Depreciation expenses of fixed assets of property service enterprises; (8) The common parts of the property, the common facilities and equipment, and the public liability insurance fees and other expenses agreed by the owners; (9) Reasonable profits; (10) Statutory taxes and fees. Among them, reasonable profit: the maximum of ordinary housing is not more than 8%.

Is it reasonable for the owner to charge public energy consumption fees for the unoccupied house, the rough room, and the property? And there are only receipts, no invoices.

Of course it's legal.

The Ministry of Construction's "Measures for the Administration of Property Service Charges" stipulates that the composition of property fees includes the maintenance, maintenance, and operation of public equipment and facilities. Among them, the operating fee includes the public energy consumption fee. Therefore, it is legal to charge public energy consumption at the property.

The landlord's assertion is a false proposition, first of all, the property fee should first look at the property service contract, and if the agreement is unclear or not agreed, it will be determined according to the property fee lump sum. In addition, the property fee price standard is now a record system, and the price department is no longer managed, and the price is set by the market. Therefore, whether each community can collect public energy consumption fees depends on whether there is an agreement in the property service contract, and second, whether the property and the property committee have negotiated.

It cannot be concluded simply by a sentence of illegality and non-compliance.

Maintenance costs and energy consumption costs are indistinguishable.

The public open space of the community belongs to all the owners; The charging of parking fees by the property is subject to the approval of the owners' meeting, and it is also possible to make reasonable fees for improving parking conditions or changing the environment of the community; The relevant property management system is quite illustrated, and you can look at it when you have time,。。

Owned by the owner. Whether or not to charge a fee should be decided by all owners.