Developers scramble to sell parking spaces, and owners often suffer dumb losses. Who should find out?

Lack of parking spaces often leads to disorderly parking.

It is the dream of many car owners to give their cars an exclusive parking space.

Developers are eager to sell parking spaces, and owners often suffer dumb losses. Expert: Some residential garages are built with the owner's purchase money.

Recently, a news about the dispute between the owner and the developer about the underground garage heard by the People's Court of Gulou District in Nanjing has aroused widespread concern. Although the statement that "the court ruled that the underground garage belongs to all owners" and "the developer should get a refund when collecting money to sell parking spaces" was falsified, the current situation of the ownership of parking spaces in residential areas still attracts attention from all walks of life.

In Guangzhou, the dispute over parking spaces has always been a major concern of community owners. Yesterday, some citizens told reporters that the parking spaces in their community were always auctioned. When the owner found out, the parking space had been sold to people outside the community. Owners not only want to buy a parking space, but even want to temporarily park in their own parking lots, which is also very difficult.

The "garage dispute" in Nanjing turned out to be just a misinformation.

Previously, a post in a circle of friends said that there were 59 underground parking spaces in Nanjing Xinghan Garden Community, and the industry committee sued the property company for handing over the garage 20 1 1, and the court ruled that "the developer handed over the underground parking garage to the industry committee for management, and all the owners enjoyed the rights and interests of the underground parking garage".

In fact, the judgment did not take effect, and the developer immediately appealed to the Nanjing Intermediate People's Court. After the case was revoked and sent back for retrial, it was finally decided that 29 parking spaces belonged to the owner. These 29 parking spaces include 23 parking spaces occupied by developers in places where the owners have roads and other places beyond the planned construction, and at least 6 parking spaces that should be reserved for the owners as stipulated in Article 6 of the Regulations on the Transfer of Affiliated Houses of Commercial Houses in Nanjing (Trial). Since the developer has sold 35 parking spaces and the owner actually enjoys 24 parking spaces, the developer should hand over 5 parking spaces.

After discovering that the case was misrepresented, the Nanjing Gulou Court immediately issued a statement on the official WeChat, emphasizing that "some judgments mentioned in the official WeChat account are not effective first-instance judgments, and the case is subject to the final effective judgment".

Experts remind that the account should be clear:

Some residential parking spaces were built by the owners.

Zhou Huoning, director of the South China Harmonious Community Development Center in Guangdong Province and a well-known expert on community issues, told reporters yesterday that although the case of Nanjing is not true, it can still lead to discussions about who owns some garage property rights. "If the property right of the garage is actually determined to belong to the owner, then not only the developer has the right to sell the parking space, but also the rental income of the rental parking space should belong to the owner."

"From the developer's point of view, the income from selling parking spaces is definitely greater than the income from renting parking spaces. If it can be sold, the developer will definitely sell it. " Zhou Huoning said that the property rights of isolation floors and underground garages in some communities may be owned by the owners when planning, but without the owners' knowledge, the developers obtained the property rights by paying transfer fees, which led to the subsequent owners' rights and interests being damaged. There is no guarantee. On the other hand, according to the principle that whoever invests benefits, since the developer has passed on the cost of building a garage to the house price, on the surface, the garage is invested by the developer and should be benefited by the developer, but after careful calculation of the cost account, the garage in some communities is actually invested by the owner's purchase price and should be benefited by the owner. At present, when the owners are in a weak position, the administrative department should take the initiative to intervene in this kind of residential area with difficult parking and clarify the property rights issue, so that the contradictions can be solved more easily in the future.

Relevant regulations: the policy of regulating the proportion of rental parking spaces has not yet been promulgated.

The reporter learned that in order to protect the owners' rights and interests, the Regulations on the Management of Parking Spaces and Garages in Guangzhou Real Estate Development Projects promulgated in 2008 clearly stipulates that if the number of planned parking spaces in real estate development projects is less than the number of houses in this real estate development project, buyers can only purchase or lease one parking space for each house.

20 14 The former Guangzhou Municipal Bureau of Land and Housing Management issued the revised draft of Guangzhou Real Estate Development Project Parking Spaces and Garages Rental Sales Management Regulations, and solicited opinions from the society. According to this revised draft, Guangzhou plans to stipulate that parking spaces in residential areas should be limited to owners for priority use. More importantly, the parking spaces and garages planned for parking cars in the building area should first meet the needs of the owners, and 20% of the parking spaces planned for parking cars and garages should be reserved for rent.

However, the reporter learned from the relevant departments yesterday that the policy of reserving 20% parking spaces for rent in residential areas has not yet been formally introduced. Some insiders have called for the introduction of this policy as soon as possible to restrain the new rental and sales model that has emerged at present.

Owners encounter three "pits" when grabbing "parking spaces"

The first pit: stealing and selling

The owner of the parking space auction knows that temporary parking is refused.

"Isn't it agreed that parking spaces in residential areas are given priority to owners? However, the parking spaces in our community are auctioned in batches, and some owners even have to wait for the auction to know. " Ms. Li, a citizen who lives in Haizhu District, told reporters that her community has been developed for almost seven years. In the past two years, the developer claimed that due to disputes over debts and other aspects, the parking spaces had to be auctioned and transferred. When the latest batch of parking spaces were auctioned this year, the starting price reached more than 280 thousand yuan, but when many owners in the community knew about it, these parking spaces had been dealt with. Owners rumored that developers actually transferred the parking spaces to their "related households" in this way.

What is even more unacceptable to car owners is that the temporary insurance in the community has also been cancelled. "Now even if you want to park temporarily in the community, you can't do it." Ms. Li said that she can only rent a parking space through monthly insurance, but even the monthly insurance qualification is actually obtained by the owner who owns the parking space, and the developer cannot guarantee to provide the parking space for the owner.

The second pit: strong selling

Developers "only sell but not rent", and owners have no choice but to "suffer"

Since last year, many residential areas with a certain building age in Guangzhou have started to sell a large number of parking spaces. In some communities with serious shortage of parking spaces, developers often force owners to buy parking spaces by "canceling monthly parking spaces". This newspaper was the first to report that a community in Yuexiu District sold 172 non-motor vehicle parking spaces in one breath, and the unit price of the most expensive parking space exceeded one million yuan. Some owners admitted to the reporter that the developer had promised to rent only parking spaces when selling in that year, and then suddenly broke the contract. Due to the large proportion of parking spaces sold, it is actually equivalent to "only selling without renting".

Mr. Pei (pseudonym), the owner of the community, told reporters yesterday that due to the shortage of parking spaces, many owners suffered a lot from parking, and some owners with relatively strong financial strength finally had to buy parking spaces. Some car owners who have not made up their minds to buy a parking space can only find ways to park outside.

The third pit: rising rent

When the monthly rent goes up, it goes up. Property management said that the owner's consent was not needed.

There are also communities in Guangzhou that frequently stage the drama of parking fees and rents rising. For example, at the end of last month, the temporary parking fee of a building in Zhujiang New Town increased from 4 yuan to 10 yuan per hour, and the monthly parking space increased from 720 yuan to 1500 yuan per month. The owner, Ms. Xu, told the reporter that everyone received a phone call in the middle of last month, informing that the new charges would take effect on April 1 day, and only 40 parking spaces had been basically rented out. Some owners think that everyone agrees without knowing it, so they have to pay for the parking space. But later, the property management has not publicized the parking fee price increase statement, and everyone found that "something is wrong", so they negotiated with the property management representative together with other owners who disagreed with the price increase and expressed their opposition to the price increase.

However, the property management said that the property right of the parking spaces in the underground parking lot belongs to the developer, not the owner, so the price can be adjusted without the consent of the owner, and the parking spaces in the community are not sold for the time being, but only rented out. The rent level after the price increase is also similar to the surrounding parking fees.

Data-based decision-making

Parking spaces are tight inside and loose outside.

(The above answers were published on 20 16-04- 13. Please refer to the actual situation for the current purchase policy. )

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