The property does not allow motorcycles to turn underground.

From July 15, Mr. Yuan, a motorcycle rider, started to make trouble, because the residential property where he lived banned electric cars and motorcycles from entering the underground garage of the residential area from that day.

This kind of trouble may be encountered by many motorcyclists. Motorcycles are not allowed to enter underground garages, even though many riders have bought parking spaces. Is it reasonable? Is it legal?

The reason why motorcycles (mainly electric cars) are prohibited from entering the underground garage of the community is very simple, which is nothing more than the consideration of fire safety and other factors.

The reason why riders want to park their cars in the underground garage is also very direct. Their beloved motorcycles are all produced by regular manufacturers, and also have annual inspection and licensing. And from a legal point of view, motorcycles are also motor vehicles. Why can't they park in the underground garage? Besides, many riders have bought parking spaces in underground garages.

Whether the community allows motorcycles to enter the underground garage is mainly restricted by the property and the owners' Committee. Do these two aspects have the authority to prohibit motorcycles from entering underground garages? Let's read the Property Law of People's Republic of China (PRC) (hereinafter referred to as the Property Law).

What is the nature of the underground parking lot in the community?

Article 73 Ownership of places within a building division

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

Article 74 Provisions on parking spaces and garages

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.

According to the provisions of Articles 73 and 74 of the Property Law, the underground parking lot belongs to other public facilities within the building division, and it belongs to the owner * * * unless it is agreed by way of sale or bonus to occupy the roads or other venues owned by the owner.

Does the property have the right to prohibit motorcycles from entering the underground garage?

Article 81 Management of buildings and their ancillary facilities

Owners can manage buildings and their ancillary facilities by themselves, or entrust property service enterprises or other managers to manage them. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.

Article 82 The relationship between the realty service enterprise or other managers and the owners.

Property service enterprises or other managers shall manage the buildings and their ancillary facilities within the building division according to the entrustment of the owners and accept the supervision of the owners.

Articles 8 1 and 82 of the Property Law clearly stipulate that the property is only entrusted by the owner to manage the community and subject to the supervision of the owner. In other words, the property has no right to prohibit motorcycles from entering the underground garage of the community without permission.

To make an inappropriate analogy, the housekeeper has no right to ask the landlord to ride into the back garden. Having said that, many residential areas in China do not distinguish between owners and properties.

Who cares if motorcycles can enter the underground garage?

Article 75 The owners' congress and the owners' committee shall be established.

Owners can set up owners' meetings and elect owners' committees. The relevant departments of the local people's government shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.

Article 76 The owner has the right to decide and vote on major issues within the building division.

The following matters shall be decided by the Owner * * *:

(a) to formulate and amend the rules of procedure of the owners' congress;

(two) to formulate and modify the management regulations of buildings and their ancillary facilities;

(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) to raise and use funds for the maintenance of buildings and their ancillary facilities;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

Article 83 Obligations of all persons

Owners shall abide by laws, regulations and management regulations. For acts that damage the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages, refusing to pay property fees, the owners' assembly and the owners' committee have the right to ask the actors to stop the infringement, eliminate the danger, remove the obstacles and compensate the losses in accordance with laws, regulations and management regulations. Owners who infringe upon their legitimate rights and interests may bring a lawsuit to the people's court according to law.

According to the provisions of Articles 75, 76 and 83 of the Property Law, the owners' congress has the right to formulate and modify the management regulations of buildings and their ancillary facilities, and can decide whether motorcycles can enter underground parking lots, but such management regulations must be approved by owners who account for more than two-thirds of the total building area and more than two-thirds of the total number of owners.

Although the owners' meeting has the right to decide whether motorcycles can enter the underground parking lot of the community, it is still very difficult to get the consent of these two thirds. After all, there is a huge group of electric vehicle users.

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According to fire safety requirements, electric vehicles need to be parked in designated special areas when entering underground garages; Motorcycles can be parked in underground garages as long as they don't occupy fire exits and interfere with other vehicles' access and parking.

As for property, it is completely illegal to prohibit motorcycles from entering underground garages.

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