Provisions of Property Law on Parking Spaces in Residential Areas

The Property Law stipulates that the planning of parking spaces and garages must first meet the needs of owners. In the building division, the ownership of planned parking spaces and garages shall be agreed 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.

Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located or the subdistrict office or the township people's government, set up the owners' meeting and elect the owners' committee. However, if there is only one owner, or the number of owners is small, and all owners agree, the owners shall perform the duties of the owners' meeting and the owners' committee.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

In violation of the provisions of these regulations, any of the following acts shall be ordered by the real estate administrative department of the local people's government at or above the county level to make corrections within a time limit, given a warning and fined in accordance with the provisions of the second paragraph of this article; The proceeds will be used for the maintenance of * * * parts and * * * facilities in the property management area, and the rest will be used according to the decision of the owners' meeting:

(a) unauthorized changes in the property management area in accordance with the planning and construction of public buildings and facilities;

(two) unauthorized occupation and excavation of roads and sites within the property management area, which harms the interests of the owners;

(three) unauthorized use of property * * * with parts, * * with facilities and equipment for business.

legal ground

People's Republic of China (PRC) Civil Code

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.

Article 276 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.