Specification of parking management system in residential area

"Regulations on the Management of Parking Spaces in Residential Quarters", Article 231 of the Civil Code, if the real right is established or destroyed due to factual acts such as legal construction and demolition of houses, it will take effect when the factual acts are completed. Article 240th the owner has the right to possess, use, profit from and dispose of his real estate or chattel according to law. Article 276 Parking spaces and garages planned within a building division shall first meet the needs of the owners. Ownership of parking spaces and garages planned for parking cars 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 belong to the owner. It is legal to collect parking fees, but it is necessary to implement the relevant standards of the price department. First make clear who the land use right of parking in the community belongs to. (1) If it is independently approved by the relevant departments and used by the developer as a business parking lot, then the area can be used for business, because its use right is not owned by the owner. (2) Some areas (including roads and green belts) are owned by the owners of the community. The decision whether to charge for parking in this public area is in the hands of all owners or in the hands of the elected community Committee. Parking spaces located on both sides of the owner's road belong to the owner, and the property management company has no right to install ground locks or collect parking fees without permission. If a property company uses * * * parking spaces to collect parking fees and other business activities, it needs to obtain the consent of the relevant owners and owners' congress. The fees collected shall be used for the maintenance of parking spaces and other related facilities, and the property shall publicize the charges.

Legal objectivity:

I. Ground parking spaces in residential quarters The so-called ground parking spaces refer to parking facilities set directly on the surface of residential quarters and marked by dividing lines. Generally, a "construction planning permit" issued by the government is needed. Article 72 of the Property Law stipulates: "Roads within building divisions are not included in urban roads. The green space within the building division belongs to the owner, except for the urban public green space or individual ownership. Other public places, public facilities and property services within the building division belong to the owners. " Paragraph 3 of Article 74 of the Property Law stipulates: "Parking spaces that occupy roads or other venues owned by the owner for parking cars belong to the owner." This article clearly stipulates that parking spaces that occupy roads or other venues owned by the owners for parking cars shall be owned by the owners. Generally speaking, after the real estate developer pre-sells or sells the building units in the commercial housing residential area, and handles the initial registration and transfer registration, the owner of the building unit (that is, the owner of the building division) will have all the land use rights of the plot number. Because the ground area where the ground parking space is located is included in the total land use right area of the community, the right to use this parking space obviously belongs to all building owners, that is, the owners. Ground parking spaces are divided only by marking, which does not meet the building requirements, that is, it does not meet the independence standards of structure and use. However, regardless of its nature, the benefits generated by this right of use must be enjoyed by all. According to the reality of our country, users of ground parking spaces should pay the use fee or rent to the owners' committee, and at the same time pay the custody fee to the property company that provides custody services. Therefore, neither the developer nor the property management company has the right to set up parking spaces on the ground without authorization, but only after obtaining the permission of the owners' meeting and signing an agreement with the owners' Committee to make specific agreements on the distribution of relevant income can they set up and operate ground parking spaces. Otherwise, it will constitute an infringement that has no right to dispose of. Second, underground parking spaces in residential quarters The so-called underground parking spaces in residential quarters refer to parking spaces built by developers using underground space. With the continuous development of social economy and the increasing demand for land, modern buildings have to develop more upper and lower spaces, including above-ground and underground spaces. It is the full use of underground space that leads to the emergence of underground parking spaces. There must be a premise to confirm the ownership of underground parking spaces, that is, the right structure of underground parking spaces is very clear. As long as it is independent in structure and use, it can become the object of ownership. China's "Urban Real Estate Management Law" stipulates in Article 60: "Those who develop and build houses in real estate on legally acquired land shall apply for registration with the real estate management department of the local people's government at or above the county level on the strength of the land use right certificate, and the real estate management department of the local people's government at or above the county level shall issue the house ownership certificate. When real estate is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of change of real estate, and apply to the land management department of the people's government at the same level for registration of change of land use right on the basis of the changed house ownership certificate. After verification by the land management department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level. " In other words, in China's real estate management, housing ownership and land use rights are integrated. When the owner buys a house, the corresponding land use right belongs to the owner. The underground facilities of residential houses must also be attached to the land. So we say that underground garages, parking spaces and other facilities are built by owners and developers. Therefore, if we simply regard the nature of underground garages and parking spaces as commodities, their values are jointly created by owners and developers. When a house in a residential area is sold, if the developer still enjoys the ownership of the underground garage and parking space in the residential area, it means that the owner enjoys the ownership of the house and the land use right, and the developer also enjoys part of the land use right, which violates the principle of combining the exercise of house ownership and land use right. The underground parking garage (field) is clearly defined, separated from the above houses by walls, and becomes an independent special object different from houses, and can become the object of separate ownership. However, combined with the practice of China's real estate market, if the underground parking spaces are given the only ownership, that is, the real estate developers are given complete property rights, it will lead to obviously unfair results. The reason is that the construction area of underground parking spaces is generally not calculated, that is, the parking spaces have not obtained the corresponding share of land use rights. In other words, the land use right area of this community is completely shared by the above-ground buildings (that is, housing units), and the underground buildings become the part that does not share the land use right area. Judging from the reality, because this kind of parking space is built on the land owned by all owners, it is impossible to obtain the property right certificate without the corresponding land use right. Therefore, in practice, the clause that "the property right of the parking space belongs to the seller" agreed by the developer in the sales contract should be invalid. The rights and interests of such underground parking spaces should be enjoyed by the owners of the community, and developers or property management companies have no right to dispose of them without authorization. Of course, with the consent of the owners' meeting, developers or property management companies can rent parking spaces according to the authorization of the owners' meeting, and the rental income belongs to all owners to make up for the property management expenses. At the same time, the user of the parking space must pay the corresponding custody fee to the property company that provides custody services.