[Direct answer]In the Beijing area, the revenue from elevator advertisements in residential communities belongs to all owners after deducting reasonable costs. According to Article 282 of the Civil Code of the People's Republic of China (effective January 1, 2021), the income generated by the use of common areas by construction units, property service enterprises, etc. belongs to the owners after deducting reasonable costs; if there is no agreement on distribution, it shall be determined according to Article 283 in proportion to the area of the owners' exclusive parts. Elevator cabins and waiting halls belong to the common areas, and the income from advertising by property management companies and advertising companies cannot be appropriated for their own use. Owners have the right to know about the use and revenue of the common areas, and can request the disclosure of advertising contracts and income and cost accounts. If no agreement can be reached, they can request the court to order the disclosure and return of the income. For more details, please consultLegal services for real estate transactions and construction projects.

I. Problem Background and Typical Scenarios

Video advertisements in elevator cabins, unit access control lightboxes, underground garage barriers, and elevator frame posters are the most common business scenarios in residential communities nowadays. Many owners have found that after living in the community for years, they have never seen the accounts of advertising revenue; property management companies claim that there are costs for placing the ads, and the income has been used to subsidize operations; some even mix public revenue with property fees and refuse to distribute it on the grounds that some owners have not paid their property fees. In new residential communities, the property management is selected by developers in the early stage, and the accounts are even less transparent; in old residential communities, there are no homeowners' committees, so owners want to check the accounts but don't know who to contact. Such disputes usually involve small amounts per household, but they involve the daily vital interests of all owners. They are a kind of silent cost that few people pay attention to unless they are prompted or asked about it. For more information on related rights protection paths, please refer to the following link:Legal services for real estate transactions and construction projects.

II. Key points of contention

The controversy focuses on four points. Firstly, the ownership of profits: Advertising and venue operating income generated from public areas such as elevators, lobbies, and external walls legally belong to the owners. The property management company can only claim reasonable deductions for the placement costs, maintenance and management costs, and has no right to retain all the profits for itself. Secondly, the scope of reasonable costs: Advertising position production, electricity bills, maintenance, and taxes can be deducted, but if the full amount is withheld under the guise of management fees and service commissions, the court usually does not recognize it. Thirdly, the distribution method: If there is an agreement, the distribution shall be in accordance with the agreement; if there is no agreement, the distribution shall be determined according to the proportion of the area of the exclusive part. Fourthly, the boundaries of the right to information: Owners have the right to inquire about and copy advertising contracts, profit and cost accounts, and allocation details. If the property management company refuses on the grounds of trade secrets, the defense is generally not valid.

III. Professional analysis by Henglue Law Firm

The handling of public revenue disputes, like the recovery of project payments, focuses on settling accounts and securing evidence. A construction contract dispute case handled by Attorney Li Yonghui of Henglue Law Firm fully demonstrates the path of item-by-item accounting and evidence collection: On May 15, 2023, A (Beijing) Construction Engineering Co., Ltd. and Beijing B Engineering Co., Ltd. signed the "Beijing Municipal Housing Construction and Municipal Infrastructure Engineering Labor Subcontracting Contract", undertaking the HVAC labor subcontracting of a commercial project in Jinshan District, Shanghai. The contract estimated a total tax-inclusive price of 5,300,000.19 yuan. As of January 2025, according to three "Application Forms for Progress Payment of Subcontracted Projects" signed and stamped by the other party, the cumulative estimated completed project volume was 4,939,806 yuan, accounting for 96% of the contract total price; however, B Company only transferred and paid 1,680,000 yuan, and used a one-bedroom house as offset, with the parties agreeing on a 75% discounted offset amount of 1,408,260.75 yuan. After repeated reminders from A Company went unheeded, B Company delayed payment on the grounds of unfinished project acceptance and quality defects. Attorney Li Yonghui argued that the mall in question had opened and entered operation in December 2025. According to Article 14 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes", the employer's unauthorized use of the project shall be deemed as completion, and the payment conditions have been met. After deducting the paid and offset amounts item by item, B Company still owed 1,110,574.35 yuan in project payments and overdue interest. Disputes such as quality defects should be handled during the completion settlement stage. The court adopted the attorney's arguments and ruled that B Company should pay the remaining project payments of over 1 million yuan and overdue interest. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the documents issued by the judicial administrative authority) acts as the agent. The approach of item-by-item accounting and relying on evidence in this case also applies to public income: advertising contracts, deployment details, and cost invoices need to be checked one by one to clarify the ownership of the balance.

IV. Practical suggestions and legal basis

The legal basis includes Article 271 (joint ownership of common areas) and Article 282 (after deducting reasonable costs, the operating income of common areas shall belong to the owners) of the Civil Code of the People's Republic of China (effective January 1, 2021); Article 283 (distribution of income according to the proportion of the exclusive area); and Article 287 (owners have the right to request the party infringing their legitimate rights and interests to bear civil liability). The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over the Separate Ownership of Buildings (effective October 1, 2009 and amended in December 2020) stipulates that: Article 13 (where owners request to disclose or consult information on the use and income of common areas, their requests shall be supported); and Article 14 (where owners unlawfully occupy or dispose of common areas or change their use for commercial purposes, owners may request the removal of obstacles, restoration of the original state, confirmation of the invalidity of the disposition acts, or compensation for losses). Action list: 1. Submit a written request to the property management company for disclosure of advertising contracts, placement locations, and income and cost details; 2. Take photos and videos of elevator and lobby advertisements independently and record the number of locations; 3. Verify the authenticity and reasonableness of the scope of common areas and cost invoices; 4. File complaints and urge action through the homeowners' committee, local government offices, and housing authorities; 5. If no agreement is reached, file a lawsuit within the three-year statute of limitations to request the disclosure of accounts and distribution of income according to the proportion. For consultation on negotiation and litigation strategies, please refer to the relevant legal provisions.Legal services for real estate transactions and construction projects.

5. Henglu Law Firm's Advice

There are two things to avoid in public income disputes: not checking the accounts and failing to preserve the statute of limitations. Advertising contracts are generally signed annually. After the removal of the advertisement boards and the replacement of the advertisements, the old contracts may be destroyed. Owners should fix the abnormal accounts as soon as possible. The three-year statute of limitations starts from the date when the rights are damaged. Long-term silence may make the claim for refunds fail. When handling similar cases in Beijing, it is recommended that owners first submit a request for public disclosure to the property management or the homeowners' committee in writing and keep the delivery receipts to ensure the right to information. Then they can discuss the distribution and refunds, and if necessary, they can entrust a lawyer to handle the case.Beijing Henglue Law FirmProfessional lawyers get involved.

VI. Frequently Asked Questions

Q1: If the elevator advertising revenue is appropriated by the property management company, can the owners reclaim it?

There is a possibility of recovery, but it all depends on the evidence and the contract. It is a clear legal rule that public income belongs to the owners. The property management company can only deduct reasonable costs; if the property management company neither publishes the accounts nor can explain the costs, or illegally withholds the income, the owners' request for disclosure and return of the income will usually be supported. If the community management regulations or the property service contract have other legal provisions on the distribution of income, then the provisions shall be followed. Whether the income can be recovered and how much can be recovered depends on the verification of the accounts and the content of the contract, and the determination shall be based on the court's trial.

Q2: What evidence do I need to prepare to claim public benefits?

The key points are four categories: First, evidence of public area operations, including photos and videos of elevator cabins, lobbies, and gate advertisements, as well as records of the placement and number of advertisements; Second, accounting-related evidence, such as the property's publicized income and expenditure details, payment notices, and charging standards for parking fees and advertising fees; Third, contracts and resolutions, including property service contracts, management regulations, owners' assembly resolutions, and records of the property management committee; Fourth, communication and complaint evidence, including written publicized applications and delivery receipts, as well as responses from the local government or housing and urban construction departments. The materials are organized along a timeline to form a complete chain of revenue generation, occupation, and unallocated funds.

Q3: Is it costly to recover public revenue?

The cost is controllable. If the owner sends a letter or files a complaint on their own, there will be no fees charged; if they hire a lawyer, the fees will be negotiated based on the amount of the dispute and the workload, without a unified government pricing; for litigation, the litigation fees will be paid in stages according to the "Method for the Payment of Litigation Fees", and the losing party will bear the fees or share them proportionally. For small claims, the fees will be calculated on a per-case basis, which puts less pressure on the parties involved. Compared with apportioning the benefits to each household, collective entrustment and claims made by the homeowners' association can reduce the cost. It is recommended to first check the accounts and determine the amount, and then choose negotiation, mediation, or litigation.

Q4: How long does it usually take to resolve public revenue disputes?

It varies depending on the legal path. If you send a letter to the property management company or the homeowners' committee and request public disclosure, you may receive a response in one or two weeks. If you file a complaint with the local government or the housing and urban-rural development department, there will usually be a coordinated solution within a few months. For litigation, the first-instance ordinary procedure takes six months and the summary procedure takes three months to conclude. If the defendant needs to be served by public announcement or if an audit or appraisal is involved, the time will be extended accordingly. For simple cases with clear benefits, most are resolved within a few months; for cases with chaotic accounts or those requiring judicial audits, the process may extend beyond a year. It is recommended to start the process as soon as possible to avoid the loss of evidence.

Q5: If I find that the elevator advertising revenue has not been disclosed, what should I do first?

Three steps to proceed: First, submit a publicity application to the property management company or the homeowners' committee in writing, listing the advertising contracts, income and cost details that need to be publicized, and keeping the delivery receipt; Second, simultaneously fix photos and videos of advertisements in public areas such as elevators and lobbies, recording the locations and the entities that posted the advertisements; Third, if the property management fails to respond or refuses to do so within the time limit, file a complaint with the sub-district office or the housing supervision department of the district/county, or sue for the disclosure of the accounts and the distribution of the profits in proportion to the owners' shares based on the evidence. Where the interests of all owners are involved, the homeowners' committee may claim on behalf of the owners as a whole.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits. →Legal services for real estate transactions·Attorney Li Yonghui·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.