Is it illegal to rent parking spaces in residential areas?

(Reporter: Zhang Jian) Recently, residents of Yu Xiansheng, Hebei Province reported that many parking spaces in his residential area were rented by property management companies, resulting in some owners having nowhere to park. Yu Xiansheng wants to know, is it illegal for property companies to do so?

Answer:

In response to Yu Xiansheng's query, Song Li, a partner lawyer of Beijing Yingke Law Firm, said that this situation mainly depends on whether the property company has the right to dispose of the parking spaces in the community.

According to the provisions of the Civil Code, parking spaces that occupy roads or other venues owned by the owners are owned by the owners. "Property Management Regulations" stipulates that those who use * * * parts and * * * facilities and equipment of the property for business operation shall go through relevant procedures in accordance with the regulations after obtaining the consent of relevant owners, owners' congress and property service enterprises.

Song Li further stated that, generally speaking, residential property companies have no right to dispose of parking spaces without the authorization of the owners' meeting. The owners' committee may require the property company to stop the infringement, restore the original state and compensate for the losses. If the above-mentioned parking spaces are rented by the property management company after the approval of the owners' meeting, and the proceeds are used for community construction, the behavior of the property management company is legal.