Can the property management company remove the billboards in the elevator?
本文目录一览
- ⒈Can the property owner forcibly remove the signboard hung outside the gate?
- ⒉Does the property owner have the right not to hang the door? If it is hung up, does he have the right to take it down? What will happen if you report to the urban management?
- ⒊Who should get the revenue from property elevator advertising?
- ⒋If a property owner puts a billboard in an elevator without the owner's knowledge, who is responsible for the billboard catching fire and blackening the owner's house?
The property owner cannot forcibly remove the signboard hung outside the gate unless the sign violates the local government's regulations on outdoor advertising facilities. Regulation.
If the property owner removes or damages the owner's signboard without the owner's consent, it is an infringement of the owner's legitimate rights and interests, and the owner must bear corresponding legal liability. If a signboard needs to be replaced or removed, full communication should be carried out with the owner first, and relevant agreements should be signed to clarify the specific demolition projects, demolition deadlines, construction methods, financial compensation and other matters, and ensure that it is legal, fair and open.
In addition, if the property removes the door head without approval, it may also involve illegal issues and may be punished by relevant departments. Therefore, when dealing with such issues, property developers should abide by relevant laws, regulations and contract provisions, respect the rights and interests of owners, and adopt appropriate handling methods.
If the property owner removes or damages the owner's signboard without the owner's consent, it is an infringement of the owner's legitimate rights and interests, and the owner must bear corresponding legal liability. If a signboard needs to be replaced or removed, full communication should be carried out with the owner first, and relevant agreements should be signed to clarify the specific demolition projects, demolition deadlines, construction methods, financial compensation and other matters, and ensure that it is legal, fair and open.
In addition, if the property removes the door head without approval, it may also involve illegal issues and may be punished by relevant departments. Therefore, when dealing with such issues, property developers should abide by relevant laws, regulations and contract provisions, respect the rights and interests of owners, and adopt appropriate handling methods.
The listing of shops facing the street is managed by the urban management, and the property management has no right to interfere. If there are shops in the community, check to see if there is a relevant contract signed with the property owner. There is no right to forcibly demolish the property at the front of the door. If the door facing the street has not been approved, the urban management and law enforcement department will first issue a "Notice to correct illegal acts within a time limit" to the merchant concerned, requiring it to be demolished within a time limit.
Legal Analysis
Shops facing the street should be managed by urban management. If it is not a shop facing the street but a building in the community that is listed for business, it is recommended to check whether the contract signed between the owners' committee and the property management company contains a clause about "managing merchants in the community". If so, the property management company has the right to stop you from listing the property. Because it is a service contract, both parties can resolve it through agreement. If negotiation fails, you can file a lawsuit in court. The approval authority for outdoor doorways belongs to the industrial and commercial department, and its specific establishment and management rights belong to the city's compre hensive management and law enforcement department. If the door has not been approved, or its setting and placement violates relevant regulations, or the door causes sound and light pollution and disturbs residents, the urban management law enforcement department will generally issue a "Deadline to Correct Violations within a Time Limit" to the merchant concerned. Action Notice" requiring self-destruction within a time limit. Those who fail to demolish within the time limit will also be forced to do so by the urban management department. The property management company is just a business and has no approval or enforcement authority over the installation of billboards. Of course, if you find that a merchant's billboard may violate regulations during daily management, you can provide persuasion and report it to the law enforcement department. But there is absolutely no power to demolish. Otherwise, it is offside and constitutes infringement. If property disputes involve illegal construction, they should be reported to the urban management department and dismantled according to the actual situation. Illegal buildings refer to “buildings that are newly built, expanded or renovated on land that has been newly built, expanded or renovated without review and approval by the relevant departments or by deceptive means to obtain approval or, although approved, the content of the approval is illegal.
Legal Basis
"China Article 72 of the Advertising Law of the People's Republic of China: If the market supervision and management department fails to investigate and punish illegal advertising behaviors discovered in the performance of advertising monitoring duties or illegal advertising behaviors that have been complained or reported, the responsible person in charge shall and those who are directly responsible shall be punished in accordance with the law. If the staff of the market supervision and management department and the relevant departments responsible for advertising management neglect their duties, abuse their power, and practice favoritism, they shall be punished in accordance with the law. Pursuing criminal liability
Legal Analysis
Shops facing the street should be managed by urban management. If it is not a shop facing the street but a building in the community that is listed for business, it is recommended to check whether the contract signed between the owners' committee and the property management company contains a clause about "managing merchants in the community". If so, the property management company has the right to stop you from listing the property. Because it is a service contract, both parties can resolve it through agreement. If negotiation fails, you can file a lawsuit in court. The approval authority for outdoor doorways belongs to the industrial and commercial department, and its specific establishment and management rights belong to the city's compre hensive management and law enforcement department. If the door has not been approved, or its setting and placement violates relevant regulations, or the door causes sound and light pollution and disturbs residents, the urban management law enforcement department will generally issue a "Deadline to Correct Violations within a Time Limit" to the merchant concerned. Action Notice" requiring self-destruction within a time limit. Those who fail to demolish within the time limit will also be forced to do so by the urban management department. The property management company is just a business and has no approval or enforcement authority over the installation of billboards. Of course, if you find that a merchant's billboard may violate regulations during daily management, you can provide persuasion and report it to the law enforcement department. But there is absolutely no power to demolish. Otherwise, it is offside and constitutes infringement. If property disputes involve illegal construction, they should be reported to the urban management department and dismantled according to the actual situation. Illegal buildings refer to “buildings that are newly built, expanded or renovated on land that has been newly built, expanded or renovated without review and approval by the relevant departments or by deceptive means to obtain approval or, although approved, the content of the approval is illegal.
Legal Basis
"China Article 72 of the Advertising Law of the People's Republic of China: If the market supervision and management department fails to investigate and punish illegal advertising behaviors discovered in the performance of advertising monitoring duties or illegal advertising behaviors that have been complained or reported, the responsible person in charge shall and those who are directly responsible shall be punished in accordance with the law. If the staff of the market supervision and management department and the relevant departments responsible for advertising management neglect their duties, abuse their power, and practice favoritism, they shall be punished in accordance with the law. Pursuing criminal liability
According to the law, the revenue from residential elevator advertising belongs to the owner. Because the content of this part mainly belongs to the public interests, so the public interests are achieved by using some public facilities within the community and should be owned by all owners.
1. According to the law, who should own the advertising revenue from the elevator in the community?
According to the law, the advertising revenue from the elevator in the community should belong to the owner. Unless otherwise agreed by both parties, income from the operation of public parts of the community is public income and belongs to all owners. Community owners have the right to jointly decide the ownership of the right to use advertising spaces, and the costs of advertising releases should also be jointly owned by all owners. To erect billboards on a property, the consent or authorization of the community owner or property committee is required. If the property company gains profits from operating without the owner's permission, the owner can raise objections and recover from the property through the property owners committee, or have the advertisements removed.
The obligations of the owners’ committee include:
(1) Report work to the owners’ conference;
(2) Implement various resolutions passed by the owners’ conference and accept the supervision of the owners;
( 3) Implement and urge owners to comply with property management and other relevant laws and policies, and assist property management companies in implementing various management tasks;
(4) Accept the supervision and guidance of government administrative agencies and implement government departments’ regulations on this property Instructions and requirements for management matters;
(5) Decisions made by the owners' committee shall not violate laws, regulations, policies, decisions of the owners' meeting, or harm the public interests of the owners.
2. What is the relationship between the owners committee and the property management company?
The owners committee and the property management company implement a management system that combines owner autonomy and professional management. There is a certain legal relationship between the two. economic relations.
From a legal perspective, the owners’ committee and the property management company are in a relationship between the entruster and the entrustee, and between the employer and the employee. Legally, the owners' committee has the right to entrust or not to entrust, to hire or not to hire; the property management company also has the right to accept or not to accept the entrustment, to be hired or to refuse to hire, both are equal.
From an economic perspective, property management companies provide property management services for a fee. While providing certain services, they should also receive corresponding remuneration; similarly, owners should also pay corresponding fees after receiving services. .
For many community owners, they are not particularly familiar with legal issues. For example, you can often see some advertisements in elevators inside the community. These behaviors of posting small advertisements can definitely obtain certain benefits. These are public interests and belong to all owners in the absence of an agreement.
1. According to the law, who should own the advertising revenue from the elevator in the community?
According to the law, the advertising revenue from the elevator in the community should belong to the owner. Unless otherwise agreed by both parties, income from the operation of public parts of the community is public income and belongs to all owners. Community owners have the right to jointly decide the ownership of the right to use advertising spaces, and the costs of advertising releases should also be jointly owned by all owners. To erect billboards on a property, the consent or authorization of the community owner or property committee is required. If the property company gains profits from operating without the owner's permission, the owner can raise objections and recover from the property through the property owners committee, or have the advertisements removed.
The obligations of the owners’ committee include:
(1) Report work to the owners’ conference;
(2) Implement various resolutions passed by the owners’ conference and accept the supervision of the owners;
( 3) Implement and urge owners to comply with property management and other relevant laws and policies, and assist property management companies in implementing various management tasks;
(4) Accept the supervision and guidance of government administrative agencies and implement government departments’ regulations on this property Instructions and requirements for management matters;
(5) Decisions made by the owners' committee shall not violate laws, regulations, policies, decisions of the owners' meeting, or harm the public interests of the owners.
2. What is the relationship between the owners committee and the property management company?
The owners committee and the property management company implement a management system that combines owner autonomy and professional management. There is a certain legal relationship between the two. economic relations.
From a legal perspective, the owners’ committee and the property management company are in a relationship between the entruster and the entrustee, and between the employer and the employee. Legally, the owners' committee has the right to entrust or not to entrust, to hire or not to hire; the property management company also has the right to accept or not to accept the entrustment, to be hired or to refuse to hire, both are equal.
From an economic perspective, property management companies provide property management services for a fee. While providing certain services, they should also receive corresponding remuneration; similarly, owners should also pay corresponding fees after receiving services. .
For many community owners, they are not particularly familiar with legal issues. For example, you can often see some advertisements in elevators inside the community. These behaviors of posting small advertisements can definitely obtain certain benefits. These are public interests and belong to all owners in the absence of an agreement.
Refer to Article 55 of the "Property Management Regulations" for the use of shared areas of the property , those who share facilities and equipment for operation shall go through relevant procedures in accordance with regulations after obtaining the consent of the relevant owners, owners' meeting, and property service enterprises. 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.
Placing a billboard on the elevator (shared equipment) is a violation of the regulations by the property owner, and the property owner should be responsible for the losses caused.
Placing a billboard on the elevator (shared equipment) is a violation of the regulations by the property owner, and the property owner should be responsible for the losses caused.