Property rights of Yantian port are in dispute

category:Finance
 Property rights of Yantian port are in dispute


In May, 42 parking spaces in Lijing west gate of Donghai were temporarily transformed into a road due to the construction of Shenzhen Metro Line 8. The gate machine at the entrance and exit of the community next to the parking space was isolated in the middle of the road. The mixed flow of people and vehicles at the entrance and exit caused troubles and threats to the travel safety of residents in the community. On July 2, the owners representative took the initiative to participate in the gate relocation coordination meeting organized by the preliminary work office of Shenzhen Yantian District government investment project. Three days later, the gate relocation started.

Doubts on the ownership of compensation

On June 17, in view of the many problems in the community, the owners of the community met with the property for communication. According to Ms. Zous live recording, Donghai Lijing Property Management Office Qin said to Ms. Zou: how can this money be returned to the owner? This compensation is calculated according to the parking space, because according to the property service contract signed between the industry committee and us, the parking fee is included in the management fee.

The reporter consulted the property service contract of Donghai Lijing garden signed by Donghai Lijing Industry Committee and Yantiangang Property Management Co., Ltd. of Yantian District, Shenzhen on January 22, 2019. The part about the distribution of operating income shows that the income from Party Bs operation of common parts and facilities owned by the owner is included in the property service fee.

On July 7, the Yantian sub district office of Yantian District, Shenzhen City, replied to the problem that the owner of Donghai Lijing garden had compensated the Donghai Lijing Management Office of Yantian Port Property management company with a compensation of 2 million yuan. The document shows that since August 1, 2016, the land in Yantian District has been adjusted Due to the temporary occupation of 42 parking spaces in the East China Sea Lijing red line due to the construction of Metro Line 8, the reserve bureau signed three agreements with Donghai Lijing Management Office of Shenzhen Yantian Port Property Management Co., Ltd., with a total compensation of 671580 yuan.

In view of the ownership of the subway compensation, the document shows that the income generated by the public part of the community shall be owned by all owners in accordance with regulations; both parties (Party A: Donghai Lijing garden owner committee; Party B: Shenzhen Yantian Port Property Management Company) have made an agreement in the property service contract of the community: Party B shall operate the common parts and facilities owned by the owner The income from the implementation is included in the property service fee. If the owner has any objection to this agreement, he may apply to the judicial organ for re confirmation.

Zhang Zhitong, a lawyer with Beijing Jingrun law firm, also told reporters that the temporary occupied area is shared by the community, so the compensation should be returned to all owners. The compensation can be directly distributed to the owners, and can also be used as the property management fee of the community. If the compensation is included in the property management fee, the owner of the community should pay less property management fee on this basis.

But Ms. Zou told the Chinese times that they had not received a notice about the underpayment of property fees: we have not paid less than a dime. Over the years, all the property fees that should be paid have been paid. According to the property contract, the property service fee shall be paid by the owner according to the building area of the property owned by the owner. The fee standard is: 1.30 yuan / square meter / month for multi-storey residence, 4.5 and 4.00 yuan / square meter / month for commercial use, and 2.70 yuan / square meter / month for high-rise residence with elevator.

In addition to the subway compensation, Ms. Zou also said that the property had changed the green belt of the community into a charged parking space without the owners consent.

The reporter learned that Donghai Lijing phase I and phase II were handed over in 2003 and 2009 respectively, belonging to the relatively old community, with no underground parking lot. There are 616 houses and 283 parking spaces. The parking spaces in the community are seriously insufficient. In recent years, the property has changed part of the green belt into green bricks and cement land for owners to park.

Mr. Zhang, a former member of the industry committee, told the Chinese Times: after the green bricks were built, we did not draw parking spaces, but we had no place to park our cars, so the owners had to press up.

Photo by Zhang Huimin

Photo by Zhang Huimin

Its no problem to change green space into parking space, but the property does not get the consent of the owner, and does not distribute the income to the owner, which is unreasonable. Ms. Zou said.

Brick laying is usually to harden the ground, which damages vegetation and changes the greening rate required by planning. Zhang Zhitong said. Article 14 of the interpretation of the Supreme Peoples Court on Several Issues concerning the specific application of law in the trial of disputes over condominium ownership stipulates that those who arbitrarily occupy or dispose of the common parts of the owners, change their use functions or carry out business activities have the right to request the actor to use the proceeds after deducting reasonable costs to supplement the special maintenance fund or other matters jointly decided by the owners Use.

In order to understand the details of the property management fee, and to verify whether the owners of the residential area have been consulted according to the regulations before the property is converted into parking spaces, and whether it has been reported to the Planning Bureau for approval, the reporter of Huaxia times has called the Management Office of Donghai Lijing garden three times, two times when the director is busy and the other is when the director has a temporary meeting.

The income and expenditure situation of the community is not publicized, and the staff charge fees privately is the main problem existing in the current property. Lawyer Zheng Bowen told the reporter of China times. The property management company shall publicize the income and expenditure details of the property every month. The fees to be charged shall be publicized in advance, and each owner shall be informed. Owners autonomous organizations should play their due role in supervising the service and management of property and strengthening communication with owners. Zhang Zhitong believes that the advertising revenue of the outer walls, roofs or elevators is also a point of frequent disputes. Article 282 of the civil code, which will come into effect on January 1, 2021, stipulates that the income generated by the construction unit, property service enterprise or other managers from the owners common part after deducting the reasonable cost belongs to the owners joint ownership. Therefore, as the common parts of the property, such as the outer wall, roof or elevator of the residential area, if the common parts of the property are used to make profits, the relevant income can be used according to the decision of the owners meeting. Editor in charge: Zhang Bei editor in chief: Zhang Yuning source: China Times editor in charge: Li Zhaoyuan_ B7890

The income and expenditure situation of the community is not publicized, and the staff charge fees privately is the main problem existing in the current property. Lawyer Zheng Bowen told the reporter of China times. The property management company shall publicize the income and expenditure details of the property every month. The fees to be charged shall be publicized in advance, and each owner shall be informed. Owners autonomous organizations should play their due role in supervising the service and management of property and strengthening communication with owners.

Zhang Zhitong believes that the advertising revenue of the outer walls, roofs or elevators is also a point of frequent disputes. Article 282 of the civil code, which will come into effect on January 1, 2021, stipulates that the income generated by the construction unit, property service enterprise or other managers from the owners common part after deducting the reasonable cost belongs to the owners joint ownership. Therefore, as the common parts of the property, such as the outer wall, roof or elevator of the residential area, if the common parts of the property are used to make profits, the relevant income can be used according to the decision of the owners meeting.

Editor in charge: Zhang Bei editor in chief: Zhang Yuning