Does the residential property have the right to let owners without garages park their cars in the residential area?

law of property

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners. 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.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Ownership of Buildings.

Article 3 The part of the green space in a building division that belongs exclusively to individuals according to the planning documents shall be deemed as "clearly belonging to individuals" as mentioned in Article 73 of the Property Law.

In addition to roads and green spaces, public gymnasiums, squares, gardens and other places that have been registered as shared by all owners or should be used by owners according to their functions shall be recognized as "other public places within the building area shared by owners" as mentioned in Article 73 of the Property Law.

Supporting facilities that have been registered as owned by all owners or unregistered but built or buried to ensure the owners to exercise the condominium ownership of buildings, including walls, gates, carports, public fitness facilities, public lighting, security, power supply, water supply, heat supply, gas supply, cable TV facilities, etc., shall be deemed as owned by the owners as mentioned in Article 73 of the Property Law. However, according to the provisions of laws and administrative regulations, except those belonging to other rights holders.

Article 4 If the construction unit fails to ensure that each owner obtains or uses the parking space or garage planned for parking cars in the construction area by means of purchase or lease within four years after handling the house occupancy formalities, it shall be deemed as a violation of the provision of Article 74, paragraph 1, of the Property Law that "the needs of the owners shall be met first".

Article 5 The construction unit, in violation of the first paragraph of Article 74 of the Property Law, disposes of the parking spaces and garages planned for parking cars within the building division to people other than the owners by buying, selling, donating or leasing, and the owners request to confirm that this behavior is invalid, which shall be supported.

Therefore, as long as the roads and green spaces in the community are not owned by individuals, they are owned by all owners of the community. If the owner can't park in the garage or doesn't choose to park in the garage, he has the right to park, and the property management company has the right to let the owner park outside without affecting his traffic and the use of public roads and green spaces in the community.

Property is a service to the owners, not a management. Roads and land in the residential area belong to all owners, not property.