Does the property company have the right to rent common parts?

Legal analysis: the community has no right to rent public land. Roads and green spaces in residential areas are public land of the community, and all owners of the community have separate ownership of the buildings.

Although the property service enterprise can enjoy the right to dispose of the parts used by the property, the premise is that it must be approved by the owners' meeting, otherwise it will constitute infringement and bear legal responsibility. * * * part of the property refers to the part other than the exclusive part of the property, including elevators, aisles, stairs, water tanks, external walls, water and electricity trunk lines, etc. And the area of 100 square meters next to the elevator is of course included. When buying a house, the owner should not only bear the expenses of proprietary parts, but also bear the expenses of * * * second-hand parts and * * * second-hand facilities and equipment. Therefore, the ownership of the parts used by * * * shall be owned by all owners and jointly used by * * *. If the * * * part is to be used for other purposes, it should be decided by the owners' meeting.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 278 The following matters shall be decided by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) the use of funds for the maintenance of buildings and their ancillary facilities;

(six) to raise funds for the maintenance of buildings and their ancillary facilities;

(seven) renovation of buildings and their ancillary facilities;

(eight) change the use of * * * or use * * to engage in business activities;

(nine) other major matters related to the management rights of * * * and * * *.

The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.