Thursday, December 23, 2010

【 Weak current College 】 residential community advertising revenue that belongs to whom?


The residential community advertising revenue belongs to whom?
"Chapter VI shall be added: advertising revenue, and other public venues benefit should belong to the owners of the all ..." — the Guangdong Province property management regulations (Amendment) Act (draft) before the Internet request for comments, the draft did not address the matter of the

Industry community in public areas and operating income attribution, has aroused a lot of Internet users in the discussion. Guangzhou City Bar Association Executive Director, Cheng JI Hui fen Fei by law firm, in 2003 the lawyer representing the State Council promulgated the "property management Ordinance section 55 has defined the public benefit to all the owners. Guangzhou owners Committee Association also says that some owners Committee together with Guangzhou property management method of the views of some experts have been submitted to the provincial Department of construction. This month, some owners Committee also convened consultations on this issue.

Kenilworth (press/Zhang Rui intern/Sun Hei Shing) community top shelf Billboard, Billboard, lift up those proceeds to the GUI?

Phenomenon

Advertising community is getting hotter and hotter

Advertising industry insiders told reporters, as the community of households as an advertising audiences, with a number of stability, the characteristics of the hierarchy, clear, and the elevator has arrived at the advertising rate is high, so now to community advertising has become increasingly hot, many advertising companies have professional sector engagement community advertising business.

Reporters interviewed several advertising agencies, are expressed in community advertising business. The reporter learned from an ad company provides detailed real estate investing information, most of the buildings are Guangzhou introduced advertising business that provides advertising, Elevator, hallway, Hall is the main advertising, in addition, you can according to customer need to select advertising. "As long as no nuisance owners, you want to put the ads where they where. "A particular ad salesman told reporters. As for what does not, the salesman nuisance owners simply summarized as: advertising, big sound will not be passed into the Interior.

Community rental ads bit lucrative

It was an outdoor advertising company with the quote shows, community buildings elevator a print advertisement (ad size: 42 × 57cm) one month of publication at a price of $ 600, but once put in more than 100 ad, the lowest price per piece can be low to 300 yuan/month.

While the advertising company with community of property management companies or owners signed contracts for advertising, general way by Commission or directly negotiate advertising rent way determine Community income. As far as the advertising industry insiders said the community generally have access to advertising cost three or four percent of revenue. To industrial Avenue a midsize community, for example, the community has 94 elevator, usually an elevator has two to three such a billboard, a conservative estimate of the community single elevator ads this year gains of up to 40 million. "If you are doing the elevator TV advertising, revenue is more substantial. "The source said.

Some community in public areas and business gains half disappeared

Journalists from Guangzhou owners Committees Association is aware that some community under Guangzhou owners committees, in the neighborhood, approximately 50% of the public areas and operating income (including road do advertising, community, and so on external car park management form) into a special maintenance expenses, while the other half of the receipts due to the lack of supervision, it is difficult to specific statistics. "It's hard to say what advertising is entering a property company ' wallet ' or to owners pocket, especially in some management standardization community, property management companies or owners Committee members are likely for this money black hand. "A bit did property management industry insiders told reporters.

But the large real estate property management company are denied the above views. Guangzhou Tianhe district, a large community of property company General Manager says that now the community property management is relatively transparent, common ground's operating income, either directly into the special maintenance requirements or other requirements, to the final beneficiaries are the owners.

The reasons for

The lack of supervision, right consciousness is not strong

"Oh, did not investigate this issue. ”

"Advertising seems to be handed over to the property management company. ”

"Didn't notice, not studied. ”

Journalists in macro City Plaza Community lift advertising questions asked about 20 + different community of owners, heard most of the answer is more than a few.

"Now the advertising community in Guangzhou is a very common thing, after all, does not affect normal life living, owners are also no comments. Just have a lot of owners for the public areas and trading income right consciousness is not too strong, so this issue is of concern and is not too high. "Guangzhou industry authority Association President Sun power.

In addition, 80% of the community also have owners Committee, in this case, the advertising company generally, and property management company direct Agency, "after the owners agreed to" condition to become a dead letter. No owners committees to oversee property management, will enable the benefits exist supervision vulnerability.

Existing regulations to safeguard the legitimate rights of the owners

"What is the common positions and common facilities? there is no clearly defined Bill. "Guangzhou City CPPCC Wu name high said. In his view, the basis of existing legislation, public benefits to owners of all is no doubt that, but the actual situation is quite different, "I estimate there are about 80 per cent of the income is owned property management company or even developers. ”

Why is there a method to follow? NG members considered, first, on public income attribution Ordinance No refinement, property management companies and developers to exploit. Secondly, for the use of public benefits section, the current relevant laws and regulationsThe higher the threshold, the owners want to truly dominate those receipts also difficult. Some of the regulations is to protect interests of owners of did, but in practice it is very difficult to implement. Finally, the owners of rights consciousness strong enough, much less a matter, no one's active out, other owners rarely will first come out right.

Interpretation of the

The State property management rules explicitly

Public benefits to owners of supervision

2003 as from 1 January of the property management Ordinance, in section 55 expressly stipulates: "the use of common parts, common facilities for business, it shall, subject to the approval of the relevant owners, owners, property management company's agreement, in accordance with the provisions of the relevant procedures. The proceeds of the owners shall be mainly used to supplement the special maintenance fund, or you can follow the decision of the general meeting. "Community of common site is the property of the owners, the owners of property companies without the authorization context is no disposition of rights. If you dispose of the property company privately share site resources and to profit from it, is a serious infringement, whether it be an owners ' Committee or a general or even a single owners are entitled to sue the property management company and require reasonable compensation.

The reporter to the legal profession further informed that there are some community developers also owns part of the property, is also one of the community of owners. The common portion of the proceeds and how divided? it is understood that, if the developer is one of the community of owners, namely the community roof and building outside the walls and other owners of the right to enjoy sharing together, at the top of the erection of billboards or in the exterior wall painting advertisements on, also apply to other owners, property management companies. If the developer is not a community of owners, but want to carry out such acts, should inform all owners, the owners, property management company's agreement. Based on the "who's who of all the benefit" principle, this part of the advertising revenue to the total of all the owners.

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