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Do properties without parking spaces have the right to keep cars out of the law?
It is illegal to refuse to enter the community without buying an underground parking space. If there are not enough parking spaces in the community, the property can be managed, and the owners who buy and rent parking spaces are given priority. As long as there are vacant parking spaces in public places in the community, the owners have the right to use them. If you are not allowed to enter the community, you can find ways to collect relevant evidence and then file a lawsuit with the court. As long as you meet the conditions for prosecution, the court can accept it. Legal basis: Article 275 of the Civil Law of People's Republic of China (PRC) stipulates that the ownership of parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties concerned through buying, selling, giving or renting. Parking spaces that occupy roads or other venues owned by the owner for parking cars belong to the owner. Underground parking spaces belong to the public security traffic management department. Without the approval of the public security traffic management department, the nature of the parking lot shall not be changed without authorization. But in fact, as a management unit operating parking lots, there are widespread problems of multi-head management and fragmented management. The main performance is that the ownership and management rights of temporary parking lots on the road are inconsistent. Some are managed by district public security bureaus, some are managed by local sub-district offices, and some are managed by parking lot property units, resulting in these business units only collecting money without considering the investment and construction of parking lots. Some property units even rent social parking lots to professional transport units, thus changing the nature of social parking lots. 1. Parking spaces and garages planned for parking cars on the ground are non-exclusive parts that cannot be registered for property rights, and they are owned by all owners; On the contrary, it belongs to the developer. 2. The parking spaces that occupy the roads owned by the owners or other venues for parking cars have clear ownership and belong to all owners. 3. Underground civil air defense parking spaces are owned by the state, but according to regulations, developers can use and manage them and enjoy the benefits, but they may not sell them.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 275
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.
People's Republic of China (PRC) Civil Code
Article 276
In the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.
People's Republic of China (PRC) Civil Code
Article 345
The right to use construction land can be established on the surface, above ground or underground of the land.
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