Shenzhen community does not sell parking spaces.

Then, why is the "parking space dispute" of Shenzhen Baoneng Mansion fermented? What industry problems are exposed behind the "parking tug-of-war"?

Event:

Developers' "gift giving" is tricky, and the contradiction between parking spaces intensifies.

The above-mentioned owner also said: "Since the delivery of the house on 20 18, only three floors of the underground parking space in the community are open to the owner, and the other two floors have enclosures to block the entrance. Due to the shortage of parking spaces, we contacted Baoneng Real Estate and the owners' representatives of Phase I and Phase II for a meeting on February 24th at 2065438+2009 65438+2009. At the meeting, it was discussed to open the first and second floor parking spaces for the use of the owners, but the above agreement was not fulfilled after the meeting. "

"And some apartment owners will stay in 2020, and the underground parking lots in residential areas and apartment areas are public. Previously, the community has always been a public parking space. Whoever arrives first stops first, and there have also been common parking conflicts such as moving cars. But the developer promised to buy an apartment, give away the right to use the parking space, and some people gave away the parking space below the community. Since then, the contradictions between the two sides have intensified. " That's what the main business says

After the conflict intensified, in view of the current situation of the conflict between the donated parking spaces in apartments and parking spaces in some communities, on May 20, 2023, representatives of commercial housing owners of Baoneng Mansion, Futian District Housing and Construction Bureau, Xiangmihu Street, Zhuyuan Community and property service units held a communication meeting on the optimization of parking lots, and finally formed the "Announcement on the Division Scheme of Commercial and Residential Parking Spaces in Baoneng Mansion Parking Lot".

According to the minutes of communication meeting provided by the owner, it is proposed to divide the opening scheme of underground parking lot according to the projected area of the drawing. The projection area of the apartment downstairs belongs to the commercial parking lot in principle, and the rest belongs to the residence. Among them, the "gift" parking space of the apartment does not occupy the number of parking spaces in the parking lot of the community; At the same time, all parking spaces on the first floor, the second floor and the third floor are unconditionally open to all community owners.

After this communication meeting, the above-mentioned square became a "public announcement on the division scheme of commercial and residential parking spaces in the parking lot of Baoneng Mansion", and the publicity time was from May 24th to May 27th. According to the announcement, as of May 2023, there were 170 1 households in Baoneng Mansion, including 692 commercial houses, 572 residential houses, 437 commercial apartments, with an occupancy rate of 80% and 2 127 underground garages. By May 2023 16, there will be 87 parking spaces on the first floor, 288 parking spaces on the second floor and 7 14 parking spaces on the third floor. After the adjustment, all parking spaces on the third floor underground are open, including residential parking spaces 1466 and commercial apartment parking spaces 66 1.

On June 5, the event of "50 Bentley parking spaces in Baoneng Mansion" quickly fermented on the Internet. In the circulated video, the owner of the suspected apartment said, "My parking space has a sales contract. Who dares to say that the parking space is his! "

On the evening of June 5, in response to netizens' report that "the wife of Shenzhen state-owned enterprise secretary was involved in a parking space dispute", Shenzhen SASAC official WeChat reported that it attached great importance to it and was learning to verify it.

After the communication meeting, the relevant square became the "Publicity on the Division Scheme of Commercial and Residential Parking Spaces in Baoneng Mansion Parking Lot" and was publicized. Photos provided by interviewees.

Depth:

Parking disputes in Shenzhen have a long history. Lawyer: "Developers have no right to dispose of the right to use public parking spaces."

In fact, behind the tug-of-war of parking spaces in Baoneng Mansion, there are also some industry problems such as developers suspected of illegally selling parking spaces and the long-standing dispute over the ownership of parking spaces in Shenzhen.

Regarding the ownership of parking spaces, on February 20 14, 14, Shenzhen Real Estate Association issued the version of Management Measures for Parking Spaces Allocation and Disposal of Real Estate Development Projects in Shenzhen (draft for comments), which clearly stipulated that the allocated parking spaces were owned by all owners and transactions were prohibited. However, no official documents have been issued since then.

"In fact, this incident has also caused the common problems of parking space disputes in Shenzhen, such as the contradiction between the owners who have paid the right to use the parking space or obtained the free parking space and the owners who have not purchased the right to use it.

Lawyer Wang Yuchen pointed out: "The ownership of different parking spaces in a community may be different, depending on the procedures behind it. At present, parking spaces in residential areas are generally divided into three categories: one is to plan parking spaces within the scope of sales license, which can be directly completed; Second, there is no parking space in the planning, and it will be rebuilt by occupying roads, greening or other public parts. Generally, there is no title certificate, but according to the relevant laws and regulations, property rights should be owned by the owners; Third, there are many parking spaces for civil air defense. Property rights belong to the state, but daily belongs to' whoever invests will benefit'. If the investment cost of civil air defense is not allocated to the owner's purchase price, then the right to use belongs to the developer; However, if it is allocated to the owner's purchase price, its right to use belongs to the owner. "

"If the developer really has the right to use the' public * * *' parking space in the community and give it to the owner of the apartment as a' dedicated parking space', then the developer's move obviously violates the * * * right of the owner of the community and the developer has no right to dispose of it. On the one hand, developers have the obligation to restore the original state, on the other hand, they should also compensate the losses caused to the owners of the community at this stage. Property companies are also obliged to restore parking spaces to their original state. If it benefits from this during the parking space donation period, the relevant profits should also be returned to the owner. " Wang Yuchen said.

"In real life, there are many cases in which public parts are transformed into parking spaces, but the owners often don't know or know, and the relevant income is also controlled by developers or property companies. Owners can verify their rights and interests through certain legal means, such as information disclosure application and litigation. On the other hand, it is confirmed by legal means to get back the interests of the public. " Wang Yu said.

Related Q&A: Related Q&A: 65438+100000 yuan to buy a parking space or pay off the mortgage? You have a deposit, which proves that you have no pressure to repay the loan.

Whether you buy a parking space or not, I don't advise you to pay the mortgage. Your loan is not high, plus inflation, think about your 10 million yuan before and your 10 million yuan now, and you will know the difference between your future 2600 yuan mortgage and your current 2600 yuan mortgage. Therefore, you should not pay back the 2600 yuan mortgage in advance.

If the house in your neighborhood is easy to change hands, buy a parking space, which will increase with the value of the house, but if your house is not easy to sell, I suggest you not to buy a parking space.

It is better to keep this money for financial management, as long as it can beat inflation, it will be earned.