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Does the property have the right to rent open-air parking spaces?
There are two kinds of outdoor parking spaces. One is the open-air parking space that has been determined by the construction unit when planning. Generally, there will be a clear ownership, whether it belongs to the developer or all the owners. The other is to change the greening function into a parking space.
Reference Law: Article 55 of the Property Management Regulations uses * * * parts, facilities and equipment for business operations.
The use of property * * * with parts, * * with facilities and equipment for business, shall obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.
In summary, if the property right of the open-air parking lot belongs to the developer, and the developer entrusts the property enterprise to manage it, it has the right to rent it; If the property right of the open-air parking lot belongs to the collective, it needs the consent of the owners' meeting and an entrustment contract with the property company before it can be officially rented out.
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