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Is it legal for the community not to let the owners into the car?
Legal analysis
First of all, this behavior violates the owner's right to freely enter and leave the community. As a member of the community owner, he enjoys the real right to the purchased commercial housing, but the parking space is actually only an appendage of the commercial housing. If the owner himself already owns the commercial house, he should be the owner of the property right, and he has the right to manage the public buildings in the * * * community. Therefore, the practice of not allowing owners to drive into the community actually violates the rights of owners. According to the relevant national laws and regulations, the owners themselves can set up owners' meetings and elect owners' committees. Other major matters involving * * * and * * management rights shall be decided by the owner * * *. Decisions made by the owners' congress or the owners' committee are binding on the owners. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it. If there is only one owner or a few owners and all the owners agree, if the owners' meeting is not established, the owners shall jointly perform the duties of the owners' meeting and the owners' committee. Therefore, the matters managed by * * * and * * in the residential area shall be decided by the owners' assembly or the owners' committee in accordance with the legal provisions and agreed rules of procedure, and this decision is also binding on all owners. If a few owners think that the decision of the owners' meeting has infringed upon their legitimate rights and interests, they may bring a lawsuit to the people's court in accordance with the provisions of relevant laws and regulations.
legal ground
People's Republic of China (PRC) Civil Code
Article 275 The ownership of planned parking spaces and garages within a building division shall be agreed upon by the parties through sale, gift or lease. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.
Article 276 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.
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