Don't drive into the community without a parking space (what if you don't drive into the community without a parking space)

"Didn't buy a parking space, are not allowed to drive into the community! Isn't the property doing this in disguise, forcing us to buy a car space? " Recently, many owners of Linqing Lanyuan Community in Tongyu, Nanjing called Yangzi Evening News/Niuzi News Hotline 96096 to report that from 165438+ 10/3, the day after the developer notified the sale of the parking space, the residential property "Iron General" blocked the owners who did not buy the parking space. Many owners want to register parking spaces for rent, but they also refuse, and are told that parking spaces are only for sale and not for rent.

Complaint: I didn't buy a parking space and the property was not allowed to enter the community.

165438+ 10 16 in the morning, the reporter got in touch with Mr. Lin, the owner of Lanyuan Community. Mr. Lin told reporters that the delivery of the house in the community was delayed for one year, and the delivery time was165438+1October 28 last year. Due to the delivery of rough houses, many houses are being renovated at present, and many owners want to move into new houses before the Spring Festival. 165438+1October 13. It happened to be Sunday. Some owners took a break and drove back to the community to see the renovation progress, but they didn't want to be stopped by the community property staff one after another. "I didn't buy a parking space. I'm not allowed to drive into the community!" Hearing this news, the owners who were blocked outside the door were angry and stopped to talk to the property staff. In a short time, with the backlog of a large number of vehicles, the road traffic in front of the community is seriously congested.

The owner's vehicle is blocked outside the community.

"There are hundreds of parking spaces in the community. Why not drive everyone home?" Mr. Lin said that many owners at the scene raised the same questions as him, and some people said that they could pay the fees for temporary parking or renting parking spaces according to the standards. Unexpectedly, the property staff resolutely refused to let the owners without parking spaces drive home. The property staff verbally told the scene that the empty parking space in the community is the property parking space held by the developer, and it is only for sale for the time being, and the developer does not stop. As a property, it can only cooperate with management. Helpless, the owners had to call the police for help. Later, the police went to the scene to mediate, and the effect was not good.

"The owner was informed to sell the parking space the day before, and the owner was not allowed to drive home the next day. Isn't this creating tension for parking spaces? " The owner, Mr. Ma, told the reporter that when he first came to buy a house, the developer introduced that the parking ratio in the community reached 1.2, ensuring that one parking space per household was not a problem. After the delivery of the community, people and vehicles are separated, and the safety of the owners is more secure. It can be delivered in less than a year, and developers would rather leave a lot of parking spaces empty than give them to owners, which is obviously forcing everyone to buy parking spaces at a high price in disguise. The price of parking spaces in several surrounding communities is around 6,543,800 yuan, but the price of parking spaces in Lin Jing Lanyuan is as high as 6,543,800 yuan, and the smaller parking spaces are also 6,543,800 yuan.

Survey: The underground garage is empty and there are few vehicles parked.

165438+1October16 At noon, the reporter came to Lin Jing Lanyuan Community, and the normal traffic order was temporarily restored at the entrance of the community. According to Mr. Lin, the police and the local government have been coordinating to solve the parking problem of car owners in the past two days. The developer and the property temporarily promised to give the owners 20 above-ground parking spaces for the owners to drive home, but the parking spaces were limited. Once there are many parked cars, everyone still has nowhere to park.

An open space for owners to temporarily park their vehicles.

The reporter saw in the community that there was no parking line on the ground of the community. At present, it is an open space for temporary parking by the owner. The open space is not large, only 20 cars can be parked. The underground garage is divided into four areas of ABCD, and the columns are painted with different colors to distinguish the different areas. The underground garage was empty that day, and there were few cars parked. Mr. Lin found out the completion map of the community and told reporters that the community is divided into two areas: small high-rise and low-rise townhouses, and there are some commercial buildings in the small high-rise area. There are 584 parking spaces in the community, 7/kloc-0 parking spaces on the ground, and the rest are underground parking spaces.

The underground garage in the community is empty.

Mr. Lin said that he compared the completed drawings and found that only 3 1 ground parking spaces were clearly marked, of which 20 parking spaces were in the community, which is an open space for owners to temporarily park their vehicles at present, and there were 1 1 parking spaces outside the community, which were not marked. The remaining 40 ground parking spaces are missing, and the property has been consulted, but the property has not given a clear answer. In addition, the civil air defense facilities in this community are insufficient. 20 16 Pukou district civil air defense office approved the construction in different places, and the civil air defense space shrank. Whether there is a manned parking space is unknown. "Now we want to find out how many parking spaces in the community are built on public venues. This part should be owned by the collective. We will rent these parking spaces first. As for whether to buy a parking space, it depends on everyone's economic ability. " Mr. Lin said that in order to facilitate parking at home, he communicated with the property many times, but the property was evasive and did not give a positive answer. At present, there are not many residents in the community, almost 100, and the demand for parking spaces is not great. The existing 7 1 public parking space can completely meet everyone's temporary parking.

Mr. Ma said that he also found a property to rent parking spaces, and the answer was: the parking spaces in underground garages are all property parking spaces, which have been intensively sold in the near future. In the later period, 30 parking spaces will be reserved as rental parking spaces for owners who have not purchased parking spaces, but the number is limited, depending on the situation.

Property Management Office: The developer has been interviewed to coordinate and solve the parking problem of the owner.

The reporter carefully examined the as-built drawings provided by Mr. Lin. As-built drawings show that the small high-rise area, low-rise townhouse and supporting commercial area have been completed and accepted as a whole, with a total construction area of 88,772.03 square meters, plus residential houses and property houses. Underground garage includes garage, non-motor vehicle garage, underground activity room and power distribution room, among which there are 5 13 underground parking spaces. As-built drawings also show that there are parking signs in front of each townhouse, but there is no parking line outside the house.

As-built drawings of residential areas provided by Mr. Lin

The reporter saw on the wall at the entrance of the property office that the developer posted an announcement on the sale of parking spaces. According to the announcement, the residential property car was listed on June 4th 165438+, and officially sold on June 4th11. Owners can purchase property parking spaces or go through lease registration procedures, but from165438+1October 1 1, the underground garage in the residential area is only open to owners who purchase property parking spaces and lease parking spaces. The rent can be paid quarterly or annually, and the monthly rent plus parking fee is calculated in 350 yuan.

The announcement shows that parking spaces can be rented and sold.

How many parking spaces are there on the ground of the community? Is there a manned parking space? Can the owners rent these parking spaces temporarily? The notice posted by the developer is very clear and can be rented. Why not register the property for rent? The reporter found the residential property on these issues, and the result is unknown. Lin Jing Lanyuan Community has not yet established an industry committee, and the community is managed by the original property Nanjing Lin Jing Property Management Co., Ltd. When the reporter visited, two staff members of the property management company were on duty. They said that at present, there are only 20 parking spaces in the community for the owners to temporarily park their vehicles, and the owners should rent more parking spaces until the developers sell out the parking spaces. "We don't know the distribution and ownership of parking spaces in the community. We need to wait for our person in charge to answer, but she has gone to the meeting. It's not convenient to contact by phone now, and it's not convenient to give you her phone number. " On-site property staff avoided some of the reporter's questions and refused to contact the person in charge of the property company.

The reporter then contacted the property office of Dingshan Street, and the property office said that it would continue to talk about the developers and try to solve the parking problem of the owners. The relevant person in charge of the Property Office told the reporter that after the parking dispute between the property and the owner occurred, on the afternoon of June 5438+065438+1October 14, the Dingshan Street Police Station, together with the Street Urban Management Office and the local community, had already talked about the construction unit and the property company. After coordination, the community quickly opened 20 temporary parking spaces. As for the owners who want to know the distribution and ownership of parking spaces in the community and whether they can rent more parking spaces, the relevant street departments will continue to pay attention and urge the construction units and property management companies to provide good services. The person in charge also said that there are 40 above-ground parking spaces in the residential townhouse area. Whether it can be rented to all owners, the construction unit and the property company have no clear answer.

165438+ 10/7, the reporter called the property management company again, and the staff on duty of the property management company "declined" the reporter's interview for the same reason. At the same time, the reporter got the WeChat of the person in charge of the property through the owner and sent an application to add friends, but it still failed after four days.

Lawyer: The ground parking space with pool area belongs to the owner.

The reporter saw on Nanjing Real Estate Online that Lin Jing Lanyuan Community was indeed selling parking spaces. Opening hours are165438+1October 8th, and 455 parking spaces can be sold online. As of165438+1October 19, 17 1 parking spaces have been subscribed, with a total of 0 transactions.

Who owns the property rights of ground parking spaces? Can property parking spaces only be sold but not rented? The reporter consulted Li _, a senior partner of Bank of China Law Firm, on these issues.

Li _ said that although the property right belongs to the developer, Article 276 of the Civil Law stipulates that "the parking spaces and garages planned for parking cars within the building area should first meet the needs of the owners". If the developer refuses to provide parking services in the name of "only selling but not renting" and "only renting and not selling", it actually restricts the owners' right to use parking spaces in the community by renting and other means. And the owners in the community have the right to request the court to order the developer to rent or sell vacant parking spaces to the owners in the community.

Most ground parking spaces are built on the common area of the community. According to Article 275 of the Civil Law, "parking spaces that occupy roads or other sites owned by the owners for parking cars shall be owned by the owners". Therefore, developers have no right to punish and profit from unplanned parking spaces by means of "only selling without renting" or "only renting without selling". However, there is one problem that needs to be treated differently. At present, many communities have sales by stages, depending on whether this community is planned in a unified way or separated by stages. Unified planning, the whole community shares the public * * * area, and all the parking spaces in the ground pool area are owned by the collective owners. If it is planned separately, the area may only be shared in this separately planned area, and the owners of other areas of the community do not enjoy the right to use the parking spaces here.

For civil air defense parking spaces, because the property rights are owned by the state, developers can't sell them, but only rent them, and the lease period is no longer than 20 years.

Source | Yangzi Evening News/Niuzi Journalist Cao Lujie