Whose road is outside the gate of the community?

The road outside the gate of the residential area belongs to public land and is the property of the state, and its management right belongs to the municipal, road administration and relevant government departments. Only the principle of internal planning of the community belongs to the community owner. Therefore, parking on the road outside the gate of the community has nothing to do with the community.

Property right of community public facilities

Supporting facilities in residential areas refer to facilities that guarantee residents' basic living needs, including supporting infrastructure and supporting public service facilities. Infrastructure mainly refers to facilities such as water, electricity and transportation, while public service facilities refer to facilities such as education, medical and health care, culture and sports, social services and administration that are allocated according to the scale and grade of residential areas. Swimming pools, stadiums, clubs and clubs are all public service facilities.

When using these public facilities, developers can control them and always enjoy them; If the developer can't manage it, it will be handed over to the property company for management, and the property will get corresponding benefits. Because there is no owners' meeting or owners' committee in the community, although the actions of developers and property companies infringe on the legitimate rights and interests of owners, the owners are powerless to object.

In reality, the owners not only lost the ownership of these public facilities, but also lost the right to use many of them, and some of them were even used for other purposes by developers or properties.

However, according to Article 73 of the Property Law, it is clearly stipulated: "The roads within the building division are owned by 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, facilities and property services within the building division are owned by the owners. " It can be seen that the public facilities in residential areas belong to the owners, who enjoy the right to use, manage and benefit.

Article 6 of the State Council No.666 "Regulations on Property Management in the State Council" also clearly stipulates that the owners have the right to know and supervise the parts of the property, public facilities and related sites. Article 49 stipulates that public buildings and public facilities built in accordance with the plan within the property management area shall not be changed. If the owner really needs to change the use, it shall be submitted to the owners' meeting for discussion and decision, and the owner shall go through the relevant formalities according to law. Article 64 also stipulates that anyone who uses the public parts and facilities of the property to operate without authorization shall be fined between 50,000 yuan and 200,000 yuan.