Community parking laws and regulations

Legal Analysis: Article 274 of the General Principles of Civil Law of People's Republic of China (PRC) clearly stipulates that parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. Generally speaking, after the real estate developer pre-sells or sells the building units in the commercial housing residential area, and handles the initial registration and transfer registration, the owner of the building unit (that is, the owner of the building division) will have all the land use rights of the plot number. Because the ground area where the ground parking space is located is included in the total land use right area of the community, the right to use this parking space obviously belongs to all building owners, that is, the owners. Ground parking spaces are divided only by marking, which does not meet the building requirements, that is, it does not meet the independence standards of structure and use. However, regardless of its nature, the benefits generated by this right of use must be enjoyed by all. According to the reality of our country, users of ground parking spaces should pay the use fee or rent to the owners' committee, and at the same time pay the custody fee to the property company that provides custody services. Therefore, neither the developer nor the property management company has the right to set up parking spaces on the ground without authorization, but only after obtaining the permission of the owners' meeting and signing an agreement with the owners' Committee to make specific agreements on the distribution of relevant income can they set up and operate ground parking spaces. Otherwise, it will constitute an infringement that has no right to dispose of.

Legal basis: Article 274 of the Civil Law of People's Republic of China (PRC), the roads within the building division are owned by the owners, 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.