Thousands Of Merchants In Nanyang, Henan, Were Driven Out Of The Mall.

Reported that 6 days ago, in Nanyang, Henan, clothing wholesale and retail oriented Yuhua mall suddenly closed the door, more than one thousand business owners were driven out of the mall.

At the same time, the owners of these businesses were informed that under the circumstances of the absence of the majority of owners, the owners' committee and the owners' committee had reached the same goal.

To this end, more than one listener called the Central People's broadcasting station news hotline 400-800-0088 to reflect the situation. The reporter then went to Nanyang for an investigation.

Who forced the closure of the Yuhua mall? Is the owner's Committee entitled to lease the house without the permission of the owner?

Yuhua mall is located in the downtown area of Nanyang, only a kilometre away from NanYang Railway Station.

Yesterday (8) morning, the shopping mall in Yuhua was more lively than usual. Hundreds of tents of various colors were set up on the square in front of the mall. Under the tent, there were clothes and shoes, socks, and bags for daily necessities. The sound of Nanyang accent came from all kinds of trumpets.

A businessman told reporters that they were merchants in Yuhua mall, which began in April 2nd.

Merchants: people have thrown us out, goods are locked inside, tens of thousands of dollars in goods.

These (sold) goods are the cotton padded jacket that had been taken home before. Now they are sold out.

On the other side of the mall, hundreds of owners gathered around to distribute materials.

Written by the "Yuhua mall owners' Rights Protection Committee", the owners committee passed the resolution illegally, closed the market suddenly, and signed a lease contract with Nanyang Datong commercial group for 15 years in private.

Sha Menghua, the core figure of the owners' Rights Protection Committee, said that the owners' committee closed the market in the name of power failure, and that it was a play they had directed themselves to play in the more than 500 owners who participated in the protection.

Because they leased the entire Yuhua mall to Datong group privately in the early February. In order to let Datong group enter smoothly, the industry committee closed business and drove away the merchants.

Sha Menghua: there is a clear provision in law. The owners' committee can only make decisions in the scope of property management. After the vote, the owners' meeting must be held.

The owners who participated in the rights protection provided a leasing contract signed by the Industry Council and Datong group, which showed that the lease period was 15 years from March 1, 2011.

At the same time, it is indicated that the Datong group is allowed to design and decorate itself on the basis of not destroying the main structure of the original building according to its own business needs.

Zhang Hong, a member of the owners' Rights Protection Committee, said that in addition to the low rent, the biggest idea of the owners participating in the rights protection is this one. The shops are not partitioned off by walls, but they are made small partitions and divided into independent property shops with several square meters to hundreds of square meters.

If you allow yourself to design the decoration, it means that the partition will be demolished, and their shops will turn from the independent property rights shops to the virtual property rights shops, which will be greatly restricted and affected in the future business.

Zhang Hong: you see, I am now a one room, independent property right. He has been demolished and turned into virtual property right.

I want to sell it. I can't sell it. I want a mortgage loan. I can't borrow it.

It caused a lot of contradictions. For example, I am going to college now. I want to sell a house. No one dares buy and buy which one I am here, so we do not agree with them to protect their rights.

Zhang Hong stressed that the leasing contract signed by the Industry Council is invalid, because they are independent property rights shops, and owners have their own property certificates. The industry committee has no authority to replace 2054 owners and rent out their own houses.

Zhang Hong: the responsibility of the industry committee is to manage the property. He has no right to sign contracts with the general government. However, he signed the contract with the two thousand owners.

He broke the law.

How much is the right of the owners committee? Close the mall, sign the lease contract, lease the personal property of the 2054 owners, why do the owners' committees do so? Is there any legal support behind their behavior? What are the reasons for not knowing it? Is it not that everything is like the owners' Rights Committee that the Yuhua mall owners committee "illegally passed the resolution", concealed the 2054 owners, closed the market and privately rented it?

It is understood that the Yuhua mall owners committee closed the market.

Feng Yun, the owner's representative, said that the two resolutions of closing down and leasing were all voted by the owners' Congress. The specific implementation was carried out by the members of the industry committee. It was not decided by the industry committee, but represented the interests of the vast majority of owners.

Feng Yun: he (mall) is a whole and must be managed in a unified way.

If we all want to run our own business, the four floor on the third floor of the two floor, I raise chickens, he raises ducks, I raise pigs, he raises cattle, it will be chaotic, for most people is not good.

Most of the shops are empty, and a small number of shops are operating at the elevator. They are making money.

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Feng Yun told reporters that a year ago, the Nanyang unionUnion business limited, which was responsible for the unified management of the Yuhua commercial city, withdrew. In the last year, the Yuhua commercial city had no unified management. Some owners' shops were in good position and were rented out, but many of the owners' shops were not rented out.

It is the hope of these owners to sign leasing contracts with Datong group and to manage their businesses in a unified way.

According to Feng Yun, unified management is beneficial to the positioning and development of the mall.

However, what decisions can be made by the 75 owners' representatives on behalf of all the owners? Their votes can represent 2054 owners to rent the individual property rights shops, and rent for fifteen years? The owner's representative, Mr. Jin Tingquan, answered that the owners' Congress can decide everything in the mall and entrust the owners' committee to implement it.

Feng Yun: what resolutions can be adopted by the owners' Congress? Everything in the mall is related to everyone's interests and can be decided by the Congress.

Feng Yun, the owner's representative, believes that the owners' Congress should carry out the principle that the minority is subordinate to the majority. Therefore, it is lawful for the industry committee to sign rental contracts on behalf of all the owners.

Feng Yun: in the property management law, the 67 article is very clear, the resolution adopted by the owners' Congress should be the majority of the minority.

Xu Bin, a lawyer at JINGWAH law office in Beijing, said that, first of all, the owners' committee had no right to decide the rental of the owners' houses. Secondly, even if the majority of the owners agreed to rent, no one could replace the owner to rent his house as long as one owner disagreed.

Xu Bin: the Industry Council can share part of the business, such as car parks, property management rooms, can be operated, can handle some procedures.

This is the common property of all owners, which must be managed in this way. The pool area is the same.

But when you involve personal matters, you can't act on behalf of others.

Another is that the owners' Congress has no power to rent out the whole community, whether it is business or non-commercial (project).

For example, there are 2054 owners held the owners' meeting, if 2000 owners agreed to rent the house, 54 owners do not agree to rent the house, then rent 2000, because he has to sign 2054 lease agreements, he can not sign a lease agreement.

As long as he signed only a lease agreement, all the owners who did not vote in favour of the agreement had the right to bring the contract into effect.

At present, the dispute in Yuhua mall is continuing. The local government has come forward to co-ordination and solicites lawyers to intervene. However, this incident reflects the authority of the owners' committee, the relationship between the owners' committee and the owners and so on, which may be the common problems faced by many commercial real estate and residential quarters.