Who belongs to the public area of the community?

The public area of the community is owned by the owner.

According to the property law:

Article 70 The owner shall have the ownership of the exclusive part of the building such as the business building, and the condominium of the * * * part other than the exclusive part.

Article 71 An owner shall have the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

The allocation principle of public building area is as follows:

(1) The public area of commercial housing is shared by buildings. The shared public building area is the public building area in this building, and the public building area that is not connected with this building shall not be shared into this building;

(2) The public building area serving the whole commercial house is shared by all commercial houses in the building; The public building area within a local scope is shared by the beneficiary commercial housing;

(3) After sharing the public building area, the specific parts of the shared building area of each commercial house will not be divided, but no one may occupy or change the original design function.

Seventy-second owners of the building outside the exclusive part of the * * * part, enjoy rights and obligations; Never give up your rights or fulfill your obligations.

When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.

The property right of the pool area belongs to the purchaser of the whole building, and the purchaser enjoys the rights and assumes the responsibilities in accordance with the provisions of laws and regulations.

Under normal circumstances, developers have no right to decide who will use the public area.

Article 73 Roads within a building division belong to the owner, 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 services within the building division are owned by the owner.

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

In the building division, the ownership of planned parking spaces and garages shall be agreed 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.

Extended data:

Recently, the owners' meeting of Jiahong Garden in Lucheng District of Wenzhou City sued Fang Kai Company to the court, asking the court to confirm that the ownership of the community1015.64m2 clubhouse belongs to all owners.

The Lucheng District People's Court of Wenzhou held a public hearing to hear the case. It is noteworthy that the plaintiff in this case is the owners' assembly of Jiahong Garden in Lucheng District, Wenzhou City, which was approved and registered by the Civil Affairs Bureau of Lucheng District, Wenzhou City on March 25th, 20 13, and has independent legal personality.

Jiahong Garden is a residential area located in Xueyuan Middle Road, Lucheng District, Wenzhou City. There are clubs in Buildings 5-6 102, 207, 208, 209 and 2 10, with a total construction area of10/5.64m2. ..

In the complaint, the community owners' congress said that when the community was established, the Wenzhou Planning Bureau and the Wenzhou Development Planning Committee approved the construction of the clubhouse as a supporting house for neighborhood committees, public toilets and properties.

The owner believes that at that time, the housing development company promised in the agreed terms of the Purchase Contract on the normal operation of infrastructure and supporting buildings that "the monitoring system, community greening, and venue will meet the use conditions within nine months after the delivery of commercial housing."

After the property is delivered, the owners of the community will use the clubhouse as a place for entertainment activities. However, it was not until 20 15 that the owners learned that the developer was applying to Wenzhou Housing Registration Center to register the ownership of the club in the name of Fang Kai Company. The owner believes that the developer's behavior violated the examination and approval regulations of the administrative department at that time and infringed on the interests of all owners.

20 15, 18 On August 8th, Jiahong Garden Owners' Assembly, as the representative of all the owners, filed a civil complaint with Lucheng District People's Court as an independent legal person, requesting the court to order that the club involved belongs to the supporting building of the community and should be owned by all the owners.

The trial will end from 9: 00 a.m. to 9: 00 p.m. 1, and the Lucheng court will issue a verdict at an optional date.

Baidu Encyclopedia-Property Law