Is it legal to buy a parking space without paying property fees?

It is illegal for a property company not to let the owner's car enter the garage without paying the property fee. After buying the garage, the owner has the right to drive the car into his own garage. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable time limit, and shall not stop or restrict the power supply, water supply, heat supply and gas supply to urge him to pay the property fee, and shall not restrict or restrict the owner from entering and leaving the community, entering the house, using the elevator and entering and leaving the parking space in disguise. If the payment is not made after the expiration of the reasonable dunning period, the property may apply for arbitration or bring a lawsuit.

What should I do if I am sued by the property for defaulting on the property fee?

When the owner is sued for not paying the property fee, don't panic, it's just an ordinary civil case, it's no big deal. Only owners who want to safeguard their own rights and interests need to respond positively, rather than ignore it, which will only make themselves more "injured".

Generally speaking, car owners can take the following two ways to deal with it.

1. If the property fee is sued for default, the owner can negotiate with the property and let the property be rejected.

In life, the reason why owners refuse to pay property fees is often poor property services, such as dirty and dirty communities, frequent theft and so on. However, these reasons often do not constitute a reason for the owners to refuse to pay property fees. Once sued by the property, they can easily lose the case and eventually have to pay.

2. If there is no intention to negotiate or negotiation fails, the owner should actively respond to the lawsuit, collect relevant evidence by himself or entrust a lawyer to conduct litigation, which can better safeguard his own rights and interests.

If the owner really wants to "fight" with the property, he should actively collect evidence and report to the court on time. If the evidence is sufficient, he can still win the case. At worst, he will not let the court listen to the one-sided words of the property and try to pay less.

Legal basis:

Article 274 of the Civil Code of People's Republic of China (PRC)

The right to roads, green spaces, etc. Roads within the building division belong to the owner * * *, except those belonging to 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 275 of the Civil Code of People's Republic of China (PRC)

Ownership of parking spaces and garages Within the building division, the ownership of parking spaces and garages planned for parking cars 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.

Article 276 of the Civil Code of People's Republic of China (PRC)

The main uses of parking spaces and garages in the building division, and the parking spaces and garages planned for parking cars should first meet the needs of the owners.

Article 944 of the Civil Code of People's Republic of China (PRC)

The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time;

If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.

Article 41 of the Regulations on Property Management

The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Article 65 of the Regulations on Property Management

In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit;

If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.