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Does the property have the right not to let the car into the underground parking lot if it owes the property fee?

Without paying the property fee, the property has no right to prevent the owner from entering the community. Generally speaking, the property right of the parking lot belongs to the developer. If it is a public area, the parking space belongs to the collective.

Legal analysis

It is illegal for a property company not to pay the property fee and not let the owner's car enter the garage. After the owner buys the parking space, he has the right to drive the car into his garage. If the owner fails to pay the service fee or property service fund within the time limit in violation of the property service contract, the owners' committee shall urge him to pay within a time limit; If it is still overdue, the property management enterprise can recover it according to law, but the owner still can't help but drive the car into the garage. The relationship between developers and property companies: generally, there are two ways for a property company in a residential area to settle in the residential area. One is the developer's own property, that is, the property management companies are all derived from developers, and there is a general "father-son relationship". The other is to choose a property management company with corresponding qualifications through bidding. Generally speaking, the interests of property companies and developers are the same. Delivery standard of garage sales contract. The construction project delivered for completion and acceptance must meet the prescribed quality standards of construction projects, have complete technical and economic data of the project and signed project warranty, and meet other completion conditions stipulated by the state. Only after the construction project is completed and accepted can it be delivered for use; Without acceptance or unqualified acceptance, it shall not be delivered for use.

legal ground

Article 274 of the Civil Code of People's Republic of China (PRC) Road belongs to the owner, except for urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 276 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners. Article 275 The ownership of planned parking spaces and garages within a building division shall be agreed upon 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.