Whether the property management in the early stage has the right to bid for the lease of the communi

The property company is unreasonable, the community square can not be the property, I do not agree with the upstairs statement, saying that there are no specific provisions, from the building division rights, the rights and interests of the community can be divided into several parts: the exclusive part, the public part, and the derived membership rights, to see whether the square is the supporting facilities of the community, if it is the supporting facilities of the community, it must belong to all the owners, if the community is within the red line of your community, even if the square belongs to the developer as said upstairs, You also have the right to ask the operator not to enter the red line of the community, it is useless for him, and the square is surrounded by the territory of all the owners, so he cannot enter. You can also lodge a complaint with the Housing Authority, as the Property Management Ordinance also has relevant provisions:

Article 51 Owners and property management enterprises shall not occupy or excavate roads or sites within the property management area without authorization, harming the common interests of the owners.

If the owner really needs to temporarily occupy or 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 enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

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

Article 55 Where the common parts of the property or the common facilities and equipment are used for business, the relevant formalities shall be completed in accordance with the provisions after obtaining the consent of the relevant owners, the owners' general meeting, and the property management enterprise. 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.

Article 66: Where the provisions of these Regulations are violated by any of the following acts, the local people at or above the county level shall be appointed to the premises.

The competent administrative department of production shall order corrections within a time limit, give a warning, and impose a fine in accordance with the provisions of the second paragraph of this article; The proceeds shall be used for the maintenance and maintenance of the common parts of the property and the common facilities and equipment in the property management area, and the remaining part shall be used in accordance with the decision of the owners' general meeting

A) unauthorized change in the property management area in accordance with the planning of the construction of public buildings and common facilities;

2) Unauthorized occupation or excavation of roads and sites in the property management area, harming the common interests of the owners;

3) Unauthorized use of common parts of the property, common facilities and equipment for business.

Where individuals have any of the conduct provided for in the preceding paragraph, a fine of between 1,000 and 10,000 RMB is to be given; Where units have any of the conduct provided for in the preceding paragraph, a fine of between 50,000 and 200,000 RMB is to be given.

Article 70 of the Property Law The owner shall have the ownership of the exclusive parts of the building, such as residential and business buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.

First of all, it is very regrettable to say that what exactly is currently included in the public area? There are no laws in the country, and the situation varies from community to community. It is recommended that you check whether the shared area in the purchase contract includes the plaza.

If so, there is reason to talk about it. If not, there will be two situations: perhaps the developer really did not allocate the advertising area to the owner, then the property rights belong to the developer; Or maybe the developer allocated the square area to the owner, but concealed it.

The issues in between are complex.

Secondly, the property is very ill-conceived and easy to get caught in pigtails. If the square is indeed not apportioned to the owners, they cannot deny the fact that the square is a public place, and can only say that the square does not belong to the shared area. In addition, they say that the square is theirs, which is completely unreasonable, even if the square is not allocated to the owner, its property rights belong to the developer, and cannot be said to be property.

In view of this, let's first see whether the shared area in the purchase contract includes the square; If it is not apportioned to the owner, then the property can be required to provide a power of attorney or power of attorney issued by the actual property owner (developer) to them or to entrust the right to operate.

Finally, if there is really no way to restrict the property rental square, then no matter what it is, it is possible to unite all the owners to refuse to go there for consumption. Naturally, the business unit will not be able to carry it for long.

In addition, if there are operators in the plaza, then it is very likely that there will be a situation of handing out leaflets or knocking on doors to sell, and then the property can be asked to restrict the behavior of the operators on the grounds of disturbing people and safety issues, so that their business cannot be sustained.

First: China's policies and regulations do not mandate that the property management of commercial plazas must be tendered, so bidding can be used or bidding is not used to recruit property service enterprises;

Second: China's laws and regulations mainly require that residential properties should be selected and hired by bidding and bidding (if they do not pass the bidding method, they should be filed with the administrative department), and there are no mandatory requirements for commercial office properties such as commercial plazas.

It is not a capital contribution or shareholding, a commercial plaza built by a private enterprise, and it is your own business to invite bids or public bidding or internal commitments. If it is ** funds, property service projects exceeding 500,000 yuan need to be tendered.

The bidding process for commercial and residential properties is the same.

The property management of commercial plazas generally does not require bidding. Residential properties are only mandatory in major cities and first-tier cities, such as Shanghai. The property management of the commercial plaza selects and hires property service companies as commercial activities, and most of them are negotiated bidding.

Urban residential properties include the element of socialized management.