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Is the ground parking space in the residential area owned by the owner or the property management company?
Ground parking spaces in residential areas belong to all owners. Parking spaces in residential areas and their benefits are important matters managed by owners * * * and * * *, and the owners' meeting can decide the management and use of parking spaces and their benefits. Before the implementation of the Property Law, the ownership of ground parking spaces was not clearly defined, and most of the ground parking spaces belonging to owners were developed and sold for profit. Article 47 of the Property Law clearly stipulates the ownership of parking spaces in residential areas. In 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. 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, if the development cost of underground garage in residential quarters is not shared in the sale of houses, it should be owned by the developers. Developers can agree on the ownership of the garage through sale, gift or lease. The ground parking spaces in the community should belong to the community owners.
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