Who owns the fees for elevator advertising to property owners?
Who gets the revenue from advertising in the elevators in the community?
The elevator traffic in the community is very large. In order to increase its visibility, some companies may advertise in the community. Advertising requires a certain fee. cost, which generates advertising revenue. Some property owners may not know much about their legal rights and interests. So, who owns the revenue from advertising in the elevator in the community?
Netizen consultation:
Who owns the revenue from the advertising in the elevator in the community
Lawyer’s answer:
The public income of the community belongs to all the owners. Although the property company collects the money, it can only manage it on their behalf. If the property company uses these profits as its own business profits, it will constitute an infringement.
The owner has ownership of the exclusive parts such as residences and commercial buildings in the building, and has the right to share and jointly manage the shared parts other than the exclusive parts. Roads within building zones are owned by the owners, except for urban public roads. Green spaces within building zones are owned by the owners, except those that are urban public green spaces or are expre ssly owned by individuals. Other public places, public facilities and property service buildings within the building zone belong to the owners. Owners can manage the building and its ancillary facilities by themselves, or they can entrust a property service company or other manager to manage it. The owner has the right to replace the property service company or other manager hired by the construction unit in accordance with the law.
The lawyer added:
What if the property management company collects the income but does not return it to the entrepre neur?
1. The property company’s services can be supervised and managed by convening an owners’ meeting.
2. You can complain and report to the real estate administrative department of the local government and request them to supervise and manage the property company.
3. A civil lawsuit can be filed in the local court.
[Laws and Regulations]
Article 282 of the "Civil Code of the People's Republic of China"
Income generated by the construction unit, property service company or other manager using the owner's common part, After deducting reasonable costs, it belongs to the owners jointly.
Article 283
If there is an agreement on the cost sharing, income distribution and other matters of the building and its ancillary facilities, the agreement shall be followed; if there is no agreement or the agreement is unclear, the exclusive part of the owner shall be followed. The proportion of area is determined.
Netizen consultation:
Who owns the revenue from the advertising in the elevator in the community
Lawyer’s answer:
The public income of the community belongs to all the owners. Although the property company collects the money, it can only manage it on their behalf. If the property company uses these profits as its own business profits, it will constitute an infringement.
The owner has ownership of the exclusive parts such as residences and commercial buildings in the building, and has the right to share and jointly manage the shared parts other than the exclusive parts. Roads within building zones are owned by the owners, except for urban public roads. Green spaces within building zones are owned by the owners, except those that are urban public green spaces or are expre ssly owned by individuals. Other public places, public facilities and property service buildings within the building zone belong to the owners. Owners can manage the building and its ancillary facilities by themselves, or they can entrust a property service company or other manager to manage it. The owner has the right to replace the property service company or other manager hired by the construction unit in accordance with the law.
The lawyer added:
What if the property management company collects the income but does not return it to the entrepre neur?
1. The property company’s services can be supervised and managed by convening an owners’ meeting.
2. You can complain and report to the real estate administrative department of the local government and request them to supervise and manage the property company.
3. A civil lawsuit can be filed in the local court.
[Laws and Regulations]
Article 282 of the "Civil Code of the People's Republic of China"
Income generated by the construction unit, property service company or other manager using the owner's common part, After deducting reasonable costs, it belongs to the owners jointly.
Article 283
If there is an agreement on the cost sharing, income distribution and other matters of the building and its ancillary facilities, the agreement shall be followed; if there is no agreement or the agreement is unclear, the exclusive part of the owner shall be followed. The proportion of area is determined.