Job Recruitment Website - Property management company - Who should complain about the high pricing of underground parking spaces?
Who should complain about the high pricing of underground parking spaces?
Ground parking spaces, ground parking spaces are generally open, and the property rights belong to all owners, which are owned by the owners and used free of charge. This kind of parking space mainly refers to the parking space formed by drawing parking spaces on the ground and standardizing parking. When the owner buys a house, he has the land use right of the community, which means that the land use right of the community belongs to all owners. Therefore, the developer or property has no right to dispose of the planned parking spaces on the land owned by the owner. The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
Do underground parking spaces have property rights?
1, ground parking spaces, ground parking spaces are generally open, and property rights belong to all owners, which are owned by owners and used free of charge. This kind of parking space mainly refers to the parking space formed by drawing parking spaces on the ground and standardizing parking. When the owner buys a house, he has the land use right of the community, which means that the land use right of the community belongs to all owners. Therefore, the developer or property has no right to dispose of the planned parking spaces on the land owned by the owner.
2. Underground parking spaces. If the area occupied by underground parking spaces is not included in the owner's pool area, then the property rights of these parking spaces belong to the developer. Developers can sell and rent parking spaces, but only the owners of this community. However, the premise of the establishment of this property right is to be reflected in the purchase contract, and that this part is not included in the pool. At this time, the property right can be owned by the developer. If you don't explain, it will automatically belong to all owners. If it is an underground parking space included in the pool area, then the developer has no right to sell it, and the parking space property right belongs to all owners. This parking space, like other public facilities in the community, can be used by all owners.
Just parking, there must be special management personnel, entrusted by the owners' committee to the property management company, leased to the owners for use, and the income will be included in the community maintenance fund after deducting the management expenses. This part of the expenses can not be used for other purposes, but can only be used for the maintenance of public facilities in the community.
3. Civil air defense parking spaces. Generally, the parking spaces occupied by civil air defense projects belong to civil air defense projects. Civil air defense projects belong to the scope of civil air defense projects and have their own particularity, so their property rights are vague and there is still a blank in law. At present, there are generally two standards in various places. One is managed by the developer, leased or sold to the owner, and the cost is paid to the civil air defense engineering department. Second, its property right belongs to the investor. Specifically, if the parking space is invested by the developer, the developer has the property right of the parking space and the ownership of management and income, but it needs to register with the civil air defense engineering department.
Legal basis:
property management regulations
Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
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