A residential area in Hangzhou paid a dividend of 1.2 million yuan to the owners. Expert interpretation： A total of some proceeds belong to the owners’ property and cannot be moved.

CCTV News:Recently, a community Committee in Hangzhou is going to pay 1.2 million yuan to pay dividends to the owners. According to the industry committee, this 1.2 million yuan belongs to operational income, which is part of the community, and should be taken from the people.

This is the community that pays out 1.2 million yuan for dividends. The community was delivered in 2014, with good greening and hardware conditions, with 1041 households. Wang Jianshun, the director of the community industry committee, said that the 1.2 million yuan is part of operational income owned by the community owners.

Wang Jianshun, Director of Yipin Community Committee of Yuhang Kangcheng, Hangzhou, Zhejiang:Our income mainly comes from the rent of shops, and according to the regulations of Hangzhou on building management, 10% of the supporting parking spaces, part of which is the rent of underground parking spaces.

After sorting out the financial revenue and expenditure from January to October, the industry Committee found that there was still a balance of more than 1.38 million yuan, so I had the idea of paying dividends to everyone.

Wang Jianshun, Director of Yipin Community Committee of Yuhang Kangcheng, Hangzhou, Zhejiang:First, let more owners know their own interests and participate more in the affairs management of the community. Second, let more industry committees have trust with the owners to avoid some bad things happening in the funds of the industry committees.

Wang Jianshun said that there are still more than 20 million unused property maintenance funds in the community, and they will have more than 600,000 yuan in income in the first half of next year. The industry committee issued a total of 1006 questionnaires, among which 91% of the owners supported dividends.

At present, the industry committee has completed the preparation of dividends, and will listen to the opinions of relevant departments before issuing them.

Expert interpretation: A total of some proceeds belong to the owner’s property and cannot be moved.

Nowadays, many communities have some income, such as advertisements in public areas, parking spaces, etc., but not most of them pay dividends to the owners. What’s more, the owners don’t know about the money, and they can’t control it. In view of this situation, legal experts said that some of the proceeds in the community belong to the owners and the property cannot be moved.

Lou Jianbo, a professor at Peking University Law School:A community is composed of the exclusive parts of each owner and the common parts of the owners. Of course, the profits generated by the common part in the operation process should belong to the property owners, that is, the majority of owners. The property management company is only entrusted by the owners to manage and maintain the public parts for the owners, and the property management company should not obtain this income.

Experts also pointed out that in order to avoid this part of the money being occupied by the property company, the community needs to set up an owners’ meeting that can represent and safeguard the owners’ rights and interests, and should also specify the ownership of this part of operational income in the property management service contract signed by all owners and the property company.

Lou Jianbo, a professor at Peking University Law School:There should be a provision in the property management contract that the income and expenses generated by the operation of the property management company should be reported to the owner, and how to use it after eliminating the necessary costs should be decided by the owner.

Experts also pointed out that according to the Property Management Regulations, this money should be used to supplement the special maintenance funds of the community. If there is a balance in the special maintenance funds, it can also be used for other purposes such as dividends to the owners, but the consent of most owners must be obtained.

Community "dividend" industry Committee is the key

Living in the community, and getting dividends. This windfall, no matter how big or small, is a surprise to the owners. But behind the surprise, there are still questions. Community dividends, are these all other people’s communities? What is the premise of community dividend? Is the practice of this community in Hangzhou reproducible? In fact, these questions have long been answered in law. According to the relevant provisions of the Property Law and the Property Management Regulations, the owner has two ownership rights in the community. One is the exclusive ownership of the house purchased by oneself. Another shared ownership of roads, external walls, elevators and other public facilities in the community. The income from joint ownership is a considerable income in a well-run community. The industry Committee has the right to control this income. The problem is that it is very difficult for owners to organize fragmented owners and set up industry committees in reality. The proportion of establishing industry committees in residential areas in China is still relatively low. It is a good intention for the owners to pay dividends and manage the community well, but the industry Committee is not perfect, which leads to many rights that cannot be exercised and realized. It will not be a case for owners to get "dividends" by setting up industry committees, supporting industry committees and doing a good job of autonomy in community affairs.