Is it illegal for green buildings in residential areas to destroy parking spaces?

Is it illegal for the property to wantonly destroy the residential green space and build a parking lot? This case tells you how to deal with it.

Many owners have had the experience of fighting wits with the property, and the core contradiction between them is the balance of interests.

The parking lot construction of residential green space is the epitome of this contradiction. Is it legal?

"It used to be a large public green belt, but now it has become their private parking space." Recently, the owner, Mr. Zhang, reported that after he bought a house for a period of time, there was originally a large green space in the community, which was a good place for the owners to enjoy the scenery and enjoy the cool. But not long ago, the residential property company demolished this green land without the consent of the owner, and built a parking lot on it to collect parking fees from the owner. Mr. Zhang wondered, is it legal for the property company to occupy the public green space of the community to build a parking lot without authorization?

According to some owners of the community, there are large areas of green grass and trees on the north side of the community. However, in order to increase parking spaces, the green space here was demolished by the residential property company privately. After the green space was demolished, the property management company hardened the plot, such as filling the land and pouring cement. After the parking space is built, the property management company will rent the parking space in the community for sale.

Lawyer Li Hong of Guangdong said

According to Article 73 of the Property Law of People's Republic of China (PRC), roads within the construction area belong to the owners, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property service rooms within the building division, parking spaces occupying the owner's roads or other parking places shall be owned by the owner.

Paragraph 3 of Article 74 stipulates that parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

According to Article 14 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings, if a construction unit or other actor arbitrarily occupies or disposes of some owners, changes their use functions or conducts business activities, and the obligee requests to remove obstacles, restore to the original state, confirm that the punishment is invalid or compensate for losses, the people's court shall support it.

According to the first paragraph of Article 50 of the Property Management Regulations, owners and property service enterprises are not allowed to occupy or dig roads and sites within the property management area without authorization, which harms the interests of owners.

Lawyer of Guangdong Li Hong Law Firm

Ground parking spaces refer to roads and open spaces located on the surface of residential areas and occupying building divisions. Parking spaces are divided by lines, which do not form proprietary buildings, and ground parking spaces should be recognized as owned by the owners.

Since it belongs to the owners, the resulting income should be shared by all owners, and the residential property only manages these parking spaces.

Therefore, developers or property management companies have no right to set up parking spaces on the ground of residential quarters 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 income distribution can they set up and operate ground parking spaces. Otherwise, it will constitute an infringement that has no right to dispose of.

In the above case, Mr. Zhang and other owners can sue the property company for the infringement of the parking lot in the residential green space construction, and ask the property company to remove the obstruction, restore the original state or compensate for the losses.