Can't private cars drive into the community? Does the property have the right to rent and sell?

Recently, Bian Xiao saw such a news: a certain community stipulated that owners should not buy parking spaces, so private cars could not enter the community, causing many owners to scream. Because this is not isolated, there are parking disputes in many residential areas in China. Do community owners have the priority to use parking spaces? Do residential properties have the right to rent or sell residential parking spaces? Before answering these two questions, we must first understand two things: what is the relationship between residential developers and residential properties? Does the property have the right to rent and sell parking spaces in the community?

First look at the relationship between developers and property management companies.

Regarding the relationship between residential developers and residential property, we can draw a conclusion from the Regulations on Property Management. According to the "Regulations on Property Management", the state advocates that construction units should choose property management enterprises with corresponding qualifications through bidding according to the principle of separating real estate development from property management.

But in real life, especially friends who buy faster houses will find that many residential property management enterprises are derived from developers and have a general father-son relationship. Since there is such a close relationship between the developer and the property, we can understand that under normal circumstances, the interests of the property and the developer are the same in the parking space of the community.

Of course, it does not rule out that for some reasons, such as the replacement of old and new property management companies, developers and property management companies have conflicts.

Second, the classification of parking spaces in the community?

Bian Xiao first talked about the classification of residential parking spaces, because they have interactive effects. There are three kinds of parking spaces in residential areas: property parking spaces, shared parking spaces and civil air defense parking spaces. Now let's explain them one by one. Generally speaking, if the real estate enterprise obtains the garage property right alone and the underground garage built by the real estate enterprise itself, this is the property parking space. At this time, developers can entrust property companies to rent and sell parking spaces.

In the housing area, there is a pool area. In fact, there is also a pool parking space in the parking space, which means that the parking space has been included in the pool area and shared. The Property Law stipulates that parking spaces that occupy roads or other venues owned by the owners for parking cars belong to the owners.

As for civil air defense parking spaces, it is easier to understand. Generally speaking, civil air defense parking spaces are planned parking spaces for civil air defense projects. According to the principle of "whoever invests will benefit" in the legislation of property law and civil air defense law, it can be used by the owner and a certain fee can be charged according to the agreement without hindering the function of civil air defense and meeting the needs of the owner. Developers only have the right to use, but no property rights.

3. Does the property have the right to rent and sell parking spaces in the community?

After clarifying the nature of these three kinds of parking spaces, I now begin to answer this question. Then, if the owner does not buy a parking space, can his vehicle enter the community? In fact, whether it has anything to do with the property management company depends on the property right nature of the parking space in the community. If it is a developer's property parking space, the community owner can set up an owners' committee and negotiate with the property to safeguard rights.

As for the negotiation, it depends on the negotiation between the two sides. If it is a civil air defense parking space, the developer has no property rights and it is illegal to sell the parking space. If it is a pool parking space, the ownership of this garage belongs to all owners and it is impossible to rent it out for sale.