Does the property have the right to rent the public parking spaces in our own community to the owners themselves?

Whether the parking space in the community can be rented to the owner depends on the specific situation. According to the relevant laws and regulations, the public area of the community belongs to all owners, and the income generated by using the public area should also belong to all owners. If it is an extra planned parking space, the property company owned by the owner has no right to rent it out. If it is a parking lot supporting the community, the property management company can rent it out after meeting the needs of the tenants in the community, but the travel income belongs to all owners.

Legal analysis

The public parking space in the community belongs to the pool area and belongs to the owners of the community. The property management company has no right to rent it privately. If the property right of the above-ground parking spaces in residential areas belongs to all owners, property leasing will be authorized after the resolution of the owners' meeting, and the income will be owned by all owners after deducting the management expenses. The use of property * * * with parts, * * with facilities and equipment for business, shall obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress. In the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners. 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. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. Matters such as cost sharing and income distribution of buildings and their ancillary facilities, if agreed, shall be followed; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive part to the total construction area.

legal ground

People's Republic of China (PRC) Civil Code

Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 278 The following matters shall be decided by both owners: (1) Formulating and amending the rules of procedure of the owners' congress; (2) Formulating and amending management regulations; (three) to elect the owners' committee or replace the members of the owners' committee; (four) the selection and dismissal of property services companies or other management personnel; (five) the use of funds for the maintenance of buildings and their ancillary facilities; (six) to raise funds for the maintenance of buildings and their ancillary facilities; (seven) renovation of buildings and their ancillary facilities; (eight) change the use of * * * or use * * to engage in business activities; (nine) other major matters related to the management rights of * * * and * * *. The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.

Article 282 The profits obtained by the construction unit, the realty service enterprise or other managers from the use of the owner's part shall, after deducting reasonable expenses, be owned by the owner.