Can the ground parking space in the community be fixed? Whose ground parking space is it?

Buying a house is something we are all concerned about. In fact, many owners will consider buying a parking space at the same time when buying a house. However, some owners will not choose to buy parking spaces in the future, but rent ground parking spaces. In some communities, ground parking spaces are fixed. Then let's talk about whether the ground parking spaces in the community can be fixed. Who owns the ground parking spaces in the community?

Can the ground parking space in the community be fixed?

The ground parking spaces in residential areas can be fixed, and the Property Law stipulates that the ground parking spaces are owned by all owners, which clarifies the ownership of the ground parking spaces. The core is that all owners have the right to * * * decide the parking space management mode * * * and enjoy the parking space income, and whether the parking space is fixed or not belongs to the management mode. The management mode of ground parking spaces in residential areas is decided by all owners, which does not violate the provisions of the Property Law, and there is no saying that fixed parking spaces are illegal.

Who owns the ground parking spaces in the community?

1, the ground parking space refers to the parking facilities directly set on the ground of the community, which are marked by marking and dividing.

2. Article 74 of the Property Law stipulates that the ownership of parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties through sale, gift or lease. This provision gives the developer the right to control the parking space in the community, but some owners do not recognize it in actual operation.

3. Because the ground parking space is a parking facility directly set on the surface of the residential land, it is also directly set on the surface of the land owned by the owner of the housing unit. In fact, the real estate right of ground parking spaces is the land use right. Because the ground parking spaces are only divided by marking lines, they do not have the shielding required by buildings, that is, they do not meet the independence standards in structure and use.

4. Therefore, it cannot be regarded as the object of ownership, but only as the object of land use right. Therefore, the real estate right of ground parking spaces in residential quarters belongs to the owners of residential housing units. The developer is the owner of all property rights in the early stage and has the initial right of parking spaces. The use standard can be stipulated in the preliminary property service contract, and the property company can provide services according to the contract.

5. After all the houses are sold or the owners' meeting is established, the right to use is transferred to the owners' meeting. In combination with the actual operation, users of ground parking spaces should pay the use fee or rent to the owners' committee (that is, the representative offices of all differentiated owners), and at the same time pay the service fee to the property company that provides services.

6. Therefore, after obtaining the permission of the owners' meeting and signing an agreement with the owners' committee, the property management company can set up and operate such ground parking spaces. Otherwise, it will constitute an infringement that has no right to dispose of.