How to remove billboards in elevators
Recently, a lawsuit in Shenyang regarding community advertising revenue has attracted attention. Because the verdict was that the advertising fee of 260,000 yuan belonged to all the owners, many people said that the property owner owed us so much money and had been confused for so many years.
Nowadays, residential communities are almost another new continent for advertising merchants. Many businesses have recognized the advantages of concentrated population and door-to-door advertising and marketing in residential communities, and have rushed to seize this territory. Therefore, more and more advertisements of all kinds are entering the community. As for advertising companies, many of them said that these advertisements are mainly cooperating with residential properties, and usually give the properties a certain rent.
Case review:
On March 15, the Shenyang Intermediate People’s Court announced a case.
The property management company published a large number of advertisements in the corridors, lobbies, elevators and other public areas of AB District Pengli Garden, Dadong District, Shenyang City. The advertisers paid more than 260,000 yuan to the property management company.
The community owners committee believes that the property management company uses shared areas, shared facilities and equipment for advertising without the consent of the owners, collects advertising fees and uses them privately, which violates the "Property Management Regulations".
The property company said that it had obtained the operating rights in this area through government approval and bidding filing in 2004, and the operating cost was about 2.8 yuan per square meter. The property fee charged in Area A is only 1 yuan per square meter, and in Area B is 1.5 yuan per square meter. Property companies have been operating at a loss as costs have increased year by year. This money has been used to supplement the serious shortfall in property fee income.
Although the property company explained a lot, in the end, the court ruled that the advertising fee of 260,000 yuan should be shared by all the owners.
Is this true? Do you want to earn money from your elevator advertising?
Most property owners do not expre ss rejection or dissatisfaction with commercial advertisements entering their communities. "It's okay to put a few advertisements in the elevator. Maybe they will be useful sometimes." Mr. Ning, a real estate owner in Guizhou, said that because of the eye-catching placement of the advertisements, he would take a look at them every time he took the elevator.
When asked if he knew that the public benefits of the community belong to the owners, Mr. Ning said in surprise: "Impossible. It would be nice if the community properties did not charge us more management fees. You still want to ask them for it?" Money?” Another owner, Mr. Li, also said that we are very busy at work on weekdays and busy visiting the elderly and going out for fun on weekends. We don’t have much time and leisure to pay attention to things in the community. As long as the advertisement is “harmless”, it doesn’t matter. As for the whereabouts of the advertising revenue, "I have no losses and I am too lazy to pursue it."
A reporter in Chongqing visited 16 owners in 8 Yubei communities, including Shuimunianhua and Banshan Mingdu, and 14 of them were interested in advertising. I was not aware of the stipulation that the proceeds should belong to all owners. There is no need to give examples one by one. As a property owner, have you never thought that when the property posted advertisements in elevators and corridors, what you actually received was your money?
What is the legal basis for property elevator advertising revenue to belong to the owner?
According to the "Property Management Regulations", those who use shared parts of the property and shared facilities and equipment for business operations must obtain the consent of the relevant owners, owners' conference, and property service companies, and go through relevant procedures in accordance with regulations. The income earned by the owners should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' meeting.
In addition, Article 70 of the "Property Rights Law" stipulates: The owner has the right to the exclusive parts of the building such as residences and commercial buildings, and enjoys the ownership and joint management of the common parts other than the exclusive parts. rights. Article 76 stipulates: Other major matters related to co-ownership and joint management rights must be jointly decided by the owners.
Public proceeds belong to the owners and can also be offset against property management fees
According to regulations, advertising in public areas of the community must obtain the consent of the owners and be discussed jointly by the owners committee and the property management company. The property management company can collect fees on your behalf. How and when the advertising revenue will be divided should be discussed with the owners committee. As long as it is the true wishes of the owners, the owners' committee has the full right to reject advertising.
To set up billboards on a property, it requires the consent or authorization of the community owner or property owners committee. If the property company gains profits from operating without the owner's permission, the owner can raise objections and recover from the property management committee through the property owners committee, and have the advertisements removed.
If a property introduces advertisements without authorization or takes the advertising proceeds for itself, the owner or the owners committee can report it to the local real estate authority in accordance with the provisions of the "Property Management Regulations", and the real estate authority will order it to make corrections within a time limit and impose a penalty. Warning and fine.
In modern society, advertisements are everywhere. In addition to advertisements on TV, newspapers and magazines, we are also surrounded by all kinds of advertisements in the living space around us. For example, you will see all kinds of advertisements on the walls of subways, bus stations, and pedestrian streets. Everyone is familiar with them, and the only difference is whether you see them or not. The rest have nothing to do with us.
However, Miaozi Financial Planner wants to talk about a kind of advertisement, but it is closely related to everyone's interests, and that is the elevator advertisement in residential areas. Many people will say that elevator advertisements are not the same as advertisements at subway and bus stations. Do they have anything to do with us?
If someone feels that it has nothing to do with them, then Miaozi Financial Planner would like to ask a question, where does the elevator advertising fee go?
According to my country's "Property Rights Law", elevators are the common property of the owners, and the advertising fees earned by using the elevator advertising space belong to the owners. However, this money has become part of the property company's income, and the property company needs to give the owner an explanation.
As for the whereabouts of advertising fees, a relevant person from a property management company in a community said that the cost of elevator advertising is tens of thousands of yuan per year. The property management company, with the approval of the community owners committee, uses it to make up for the shortfall in property fees. Obviously, this statement is unconvincing.
The property charges admission fees for advertising, but the owners are unaware of it
According to Miaozi Financial Planner’s understanding, this kind of thing is not an isolated case. In Taiyuan City, Shanxi There is a community on Xuefu Street. As soon as you enter the gate, you will see a real estate advertisement on the car barrier. Next to the gate, the advertisement of the tourism company is very eye-catching on the community light box. Not only these, but also advertisements are hung on the entry and exit gates, community water fountains, and the elevator room of less than four square meters, including store promotions, fitness and financial management information. In addition, scrolling light boxes and multimedia TV advertisements are also "permanent residents" of the community.
The staff of the community property company said that since the property company has already collected the admission fee for the advertising company’s billboard, the advertising business will no longer be involved. As for how much the admission fee is, the staff member Reluctant to disclose. In another community not far away, the property management staff pre sented a price list for the exclusive agency advertising in the elevator car of the community. The staff of this property company said that after the advertising company obtains these advertising agencies, they can use them themselves or sublease them, and they will not interfere.
Many property owners said they knew nothing about the property companies charging advertising admission fees.
Revenues from community advertising should be shared by all owners
According to relevant laws, regulations or contracts, property management companies are service enterprises and they only accept payments from owners. Entrust professional management of properties in a specific area and receive corresponding compensation. According to the provisions of the Property Law, in the absence of special agreement, the property company only provides services for managing the community. These services include managing the environment, security, sanitation, etc. in the community. Other related rights and interests should be shared by all owners. For example, the common area of a community belongs to all owners, and any use of the common area for advertising without the consent of the owners' meeting constitutes an illegal act.
Some lawyers said that the common property income of community owners and the income from public areas should be the public income of all owners in the community, and should be shared and jointly managed by the owners, including the exterior wall advertisements of the community. Revenue, elevator advertising revenue, etc. Unless there is an explicit contract agreement between the owner and the property company, this part of the equity will be assigned to the property company.
Owners should take up legal weapons to safeguard legitimate rights and interests
Miaozi Financial planners found that it is not easy to protect rights. Many community owners say that most of the current residents in the community do not know each other, and housing sales will also lead to changes in owners, so it is difficult to organize an owners meeting and then elect a property committee that truly repre sents the interests of the owners.
In addition, it is not easy for owners to change property management companies. According to the "Property Management Regulations", the selection and dismissal of property service companies requires the consent of half of the owners. Due to the lack of organization among owners, owners are often in a weak position in the game with property companies.
Does that mean that the owner has no choice but to give up this part of his rights? In this regard, the lawyer said that residents of the community have the right to know and benefit from the income from public areas, and the property company should promptly disclose the income list and provide details to the owners. Once the property management company infringes upon the legitimate rights and interests of the owners, the owners can file a complaint with the relevant authorities or sue in court. To put it bluntly, you need to be serious about safeguarding your rights. Taking legal channels to safeguard your rights can not only obtain your legitimate rights and interests that should belong to you, but also have a demonstrative effect in promoting the process of rule of law.