The New Industry Committee sued the old property company to recover the three -industrial income is reasonable?The Ningbo Court judged like this!

In order to better manage the community affairs and maintain the owner's rights, the owner of the owner composed of the owner's committee came into being. The main responsibility of the industry committee is to reflect the wishes and requirements of the owners through the decision of the main conference of the industry to represent the interests of the owner, and supervise and assist the property service enterprise or other managers to perform the property service contract execution agency. In judicial practice, due to the long -term lack of position supervision of the property company's performance, some industrial committees have caused triple -production income (property management operations, public venue rent, parking fee income), house maintenance costs, elevator maintenance funds, pre -collection fees, etc. It is easy to become a confused account.

Recently, the New Industry Committee of Jiangbei District, Ningbo City, Zhejiang Province was authorized to sue the old property company with the authorization of the owner's conference to recover the loss of the three production income. For more than 10,000 yuan.

The New Industry Committee noticed losses

In 2012, the main committee of the old business of the community signed a property service contract with the old property company, agreed that property management was implemented in the community. The contract period is from June 2012 to the end of May 2015.

The two parties agreed that the three industries and operating income to adopt a dry system. The property company must pay 50,000 yuan to the industry committee in the first year. Less than 50,000 yuan.

After the contract expired, the two parties signed a supplementary agreement, agreed to renew the two -year contract, and negotiated the three -industry operation to adopt all the packaging system to the property company. The property company paid 100,000 yuan to the industry committee each year.

After the supplementary agreement expired, the two parties did not sign the contract and did not make an agreement on the distribution of the three industries. The property company continued to provide property services for the community until June 2020. In the meantime, the new industry committee of the community was established in June 2019.

The New Industry Committee estimates the revenue and expenditure of the community, and believes that the old industry committee has long -term lack of property service supervision, and the triple income of the community owners has lost a lot. Not only that, the New Industry Committee also found that the old property companies have charged house maintenance costs and other costs in the past few years, and have not returned to the Industry Committee.

After communicating with the old property companies at the time, it was unsuccessful, and the New Industry Committee selected new property companies at the end of June 2020 to clear the old property company. After being cleared, the old property company was dissatisfied. At the same time, the new industry committee also worked with the loss of trice owners caused by old property companies. Since the establishment of the New Industry Committee, the two sides have launched a long tug -of -war on their own interests.

The contradiction between the two parties is sharp

The new industry committee and the old property company have continued to confront each other, and have experienced 7 lawsuits for three years. Five of them were the old property company and an owner as the plaintiff to sue the new industry committee to question the holding of the owner's meeting and the selection of the new property procedures; Three -yield income and other losses.

In January 2021 and August 2021, the Jiangbei District People's Court of Ningbo City filed two cases on the new industry committee sued the old property company. Simple procedures are converted into ordinary procedures.

During the trial of the two cases, the two parties issued their respective opinions around the focus of 7 aspects to start the proven certificate: whether the plaintiff claimed to have the time limit for litigation; whether the plaintiff's subject was qualified; How to allocate it; whether the maintenance fee of the house charged by the defendant should be returned and returned; whether the plaintiff has the right to claim the compensation of the secondary water supply facilities; Whether the plaintiff has the right to claim the refund fee and specific amount.

The court judge property compensation

The Jiangbei District People's Court of Ningbo City believes that the owner's meeting approves the authorization of the new industry committee to recover in accordance with the law of the new industrial committee's housing maintenance funds, elevator funds, and operating income during the management of the old property company. The subject is qualified, and the time limit for litigation is required.

Regarding the renewal agreement, although the director of the old industry committee acknowledged that there was an agreement on the renewal, the existing evidence could not be confirmed that the supplementary agreement was discussed or obtained by the owner's conference or was recognized or authorized by all owners. Therefore, the court believes that there is no right to dispose of the department, and it is found that the relevant triple production operations are invalid.

The original defendants each issued a lot of evidence for the triple -production income, the house maintenance fee collected by the defendant, the amount of elevator maintenance funds paid, and the amount that can be repaid, the amount of pre -collection fees returned, etc.

The plaintiff's separate entrustment or the original defendant and the outsider of the case to commission the accounting firms to audit the revenue and expenditure of the community during a certain period of time. Based on the full consideration of the audit results, the court organizations and other sides of the organization have evidence and other evidence to comprehensively determine it.

In the end, the property company was ordered to pay more than 2.38 million yuan to the industry committee; in the second case, the property company ordered nearly 2.75 million yuan to the industry committee.

After the first trial, the defendant's property company appealed to the results of the two cases. In the second trial, the Ningbo Intermediate People's Court deducted the amount of more than 30,000 yuan recognized by the two parties in accordance with the new evidence, and supported other judgments in the first instance. Maintain the original judgment on the second case. In summary, a total of more than 5 million yuan in support for the industry committee.

"Construction units, property service enterprises or other managers, etc., use the co -parts of the owner's co -owner to generate the income. After deducting reasonable costs, it belongs to the owner shared. Relevant major matters such as common and common management power shall be determined by the owner."The judge of the trial stated that the agreement on the distribution of public income, the industry committee has no right to decide to change itself.In practice, or for the consideration of interests, or from the negligence of management, or the awareness of the rule of law, there are still some unqualified places. There are hidden dangers to evolve into a property contract dispute, and it needs to be regulated urgently.The new industry committee in this case actively protects its rights. The court fully protects the party's intentions and autonomy, and identifies the rights and obligations between the owners, the industry committee, and the property company.Value guidance.Source: rule of law network

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