Can parking spaces in the community be rented out to people outside the community?

According to Article 74 of the Property Law, the planning of parking spaces and garages for parking cars should first meet the needs of 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. Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings stipulates that the parking spaces added by the owners on roads or other venues shall be recognized as the parking spaces stipulated in the third paragraph of Article 74 of the Property Law, except the parking spaces planned for parking cars.

According to the above regulations, the ownership of garages and parking spaces can be divided into two situations: one is owned by the owners. Garages and parking spaces are supporting facilities in the community and included in the cost of sales when selling houses, or parking spaces that occupy roads owned by the owners or other venues for parking cars are owned by the owners. Second, it can be determined by the developer through the agreed way. In addition to all the owners, developers can agree on the ownership of the garage by selling, giving or renting. But no matter who owns the garage and parking space, they should first meet the needs of the owners. This regulation is actually a restriction on developers renting and selling garages and parking spaces. Because as a supporting plan of the community, its original intention is to meet the living needs of the owners, developers should first consider the needs of the owners when selling or renting parking spaces. Article 5 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings stipulates that if the construction unit disposes of parking spaces and garages to the owners by way of sale, gift or lease according to the sharing ratio, it shall be deemed that its behavior conforms to the provision of Article 74, paragraph 1, of the Property Law that "the needs of the owners should be met first".

Some communities will have extra parking spaces when they start to move in. From the perspective of economic benefits, they usually entrust property service companies to rent, and some of them have a long rental period, so owners who buy cars will have cars that can't stop. Therefore, relevant departments should pay attention to this. You can learn from the provisions of the Regulations on Property Management in Guangdong Province. The regulations stipulate that in the property management area, the planning of parking spaces and garages should first meet the needs of owners in this area. Parking spaces and garages planned for parking cars in the property management area shall be rented by the construction unit to the owners and property service enterprises in the area. After meeting the needs of the owners and users of the realty service enterprises in the region, the construction unit rents the parking spaces and garages to others other than the owners and users of the realty service enterprises in the region, and the lease term shall not exceed 6 months. This provision fully protects the legitimate rights and interests of the owners. Article 55 of the Property Management Regulations stipulates that those who use * * * parts of the property and * * * facilities and equipment for business operations shall go through relevant procedures in accordance with the regulations after obtaining the consent of relevant owners, owners' congress and property service enterprises. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.