Interpretation of Property Law: How to Determine the Ownership of Parking Spaces in Residential Quarters

In recent years, due to the increasing disposable income of citizens and the increasing number of cars owned by individuals, "parking difficulty" has become a hot and difficult problem in society, which has triggered multiple contradictions between owners and developers, owners and property management companies and owners.

Regarding the allocation and use of parking spaces and garages in residential areas, Article 74 of the Property Law stipulates: "In building zoning, planning parking spaces and garages for parking cars should first meet the needs of 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 owned by the owner or other venues for parking cars belong to the owner. "

Rental and sale of parking spaces cause disputes among owners.

The ratio of parking spaces to households in a community is 0.5: 1. When selling parking spaces, developers stipulate that each household can only buy one parking space at most. After the owner moves in, the property management company stipulates that each household can only rent one open-air parking space at most, and the owner who has already purchased the parking space is not allowed to rent another parking space. The above provisions of developers and property companies have caused some owners' dissatisfaction and caused many disputes. Parking spaces must first meet the needs of owners. The owner asks questions, hereinafter referred to as "Yuan Yuan". My family has two cars, an underground garage and an unsold Yuan Yuan. Why can't I buy two parking keys? Why can't I rent a parking space? Experts answer questions, hereinafter referred to as Yuan. Article 5 stipulates that if the construction unit disposes of the parking space and garage to the owner by selling, giving away or renting it according to the sharing ratio, it shall consider that its behavior conforms to the first paragraph of Article 74 of the Property Law "because of the needs of the owner.

In the case, the allocation ratio of parking spaces in the community is 0.5: 1, that is to say, only half of the owners in the community can enjoy parking spaces at most. Here, the ways to obtain the right to use the parking space include purchase, gift and lease, which are parallel, that is to say, after disposing of the parking space in the garage through these ways, a single owner can't get more than 1. If it exceeds 1, it violates the distribution ratio.

Therefore, when the parking space ratio is equal to or less than 1, the developer and the property management company have the right to refuse the owner's request to buy or lease more than 1. If a developer or a property management company sells or rents two or more parking spaces to the same owner, other owners who have not bought or rented parking spaces may claim to the court to confirm that the contract is invalid.

Parking spaces in public parts of residential areas are owned by the owners.

A: Some owners think that the above-ground or underground garage parking spaces are built on roads or other sites other than the exclusive part of the house, and these garage parking spaces and other sites should also be regarded as owned by all owners.

According to the third paragraph of Article 74 of the Property Law, "the parking spaces that occupy the roads or other venues owned by the owners for parking cars belong to the owners", and all the parking spaces in the community belong to the owners. This understanding is incorrect and has no legal basis.

The Property Law stipulates that "the ownership of the parking spaces and garages planned for parking cars in a building area shall be determined by the parties concerned through sale, gift or lease". The garages and parking spaces built in residential areas according to the planning approval did not exist before the sale, and the ownership of the whole construction project is the developer, who has the right to dispose of these parking spaces and garages according to law.

After the start of sales, if the owner's roads or other parking spaces are occupied, the property rights belong to all owners.

Developers have the right to decide whether parking spaces are rented or sold.

A: In the analysis of point 2 above, it has been made clear that the property rights of other parking spaces and garages belong to the developers, and the developers have the right to dispose of them. In this case, it is the developer, not the owner, who decides whether to sell, give away or rent. The law limits the object of the developer's transfer of garage parking spaces, not the disposal method.

The lease term of open-air parking spaces shall not exceed 20 years.

A: Under normal circumstances, open-air parking spaces occupy roads or other sites owned by the owners. Property management companies have the obligation to manage. They can manage and lease, but they can't sell. Some property companies sign contracts with owners in disguise, and the lease term is 70 years. Such a lease contract is partially invalid, because according to the contract law, the longest lease term shall not exceed 20 years.

Open-air parking spaces belong to all owners. Does the owner have the right to use them for free? This mainly depends on the management statute or the agreement of the owners' meeting. If the management regulations or the owners' meeting decide not to charge rent, the owners need not pay the property service fee after paying the parking space. However, if there is no agreement in the management statute or the owners' meeting and the parking space ratio is insufficient,

In order to allocate resources reasonably, property management companies or industry committees can rent parking spaces through paid use. Owners' right to public parking spaces is not necessarily reflected in the occupation of a parking space, but also in the distribution of operating income of public parking spaces. Owners who use public parking spaces occupy more public resources than other owners and should also be given reasonable compensation. The income from renting parking spaces shall be allocated according to the agreement or incorporated into the maintenance funds according to law.

Parking spaces in other communities should be as short rent as possible.

A: Can the owner buy or rent parking spaces in the community? Property Law is a mandatory provision that "the needs of owners should be met first". "First satisfaction" and "first satisfaction" are different. "Priority satisfaction" means that under the same conditions, the owner has the preemptive right. If others other than the owner are willing to pay a higher price, then the developer will sell the garage parking space to others, and there is no infringement on the owner's "preemptive right".

However, according to Article 74 of the Property Law, no matter whether others put forward higher conditions than the owners, they can't sell them to others first, unless the community owners promise in writing to give up buying and renting garage parking spaces. If the developer of this residential area sells the parking spaces to the owners of other residential areas, the court can consider the contracts of the owners of other residential areas to purchase parking spaces invalid as long as the owners who can't enjoy the parking spaces in proportion can file a lawsuit in the future.

Then, can owners rent idle parking spaces in other communities? According to the principle of making the best use of everything in the property law, it is possible. The owner's demand has been there for some time. In the early stage of residential development, the occupancy rate may not be high, and the economic ability of community owners is limited. At this time, developers should be allowed to lease the idle parking spaces outside the community to others, so as to protect the legitimate rights and interests of developers to recover the cost of parking spaces and garages as soon as possible, and to some extent solve the problem of parking difficulties for surrounding residents. However, the premise of renting the garage to a third person outside the community is that the reasonable parking needs of the community owners must be met at all times. When the two conflict, the garage rental contract is invalid. Therefore, the lease term stipulated in this kind of contract should not be too long.

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