Who are the usual users of civil air defense projects?

Civil air defense projects in residential areas are generally used by owners' committees, not by construction units! Article 74 of the Property Law, which came into effect on June 65438+1 October1,2007, stipulates that "in building zoning, parking spaces and garages for parking cars should first meet the needs of owners. 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 owned by the owner or other venues for parking cars belong to the owner. " The ownership of parking spaces in residential areas is unresolved, so judicial practice is controversial.

438+03 Paragraph 3 of Article 66 of the amendment to the Regulations on Property Management in Jiangsu Province, which came into effect on May 65, 2065, stipulates that "the parking fees and rents charged by civil air defense projects as parking spaces at ordinary times shall be used for the necessary expenses for the maintenance and parking management of civil air defense projects in accordance with relevant regulations, and the remaining expenses shall be used in accordance with the provisions of paragraph 1 of Article 65 of these regulations. The administrative measures and specific charging standards shall be formulated and promulgated by the provincial price administrative department in conjunction with the administrative departments of property management and civil defense. " The first paragraph of article 65 stipulates that "before the establishment of the owners' congress, if it is necessary to occupy the roads or other venues owned by the owners to park cars, it shall be agreed in the preliminary property service contract. The realty service enterprise shall separately calculate the parking fee, and 70% of the income shall be included in the special maintenance fund for the residence, and the rest can be used to subsidize the realty service fee. "It seems to indirectly confirm that the owners have the right to use civil air defense projects in peacetime, but the relevant management measures and specific charging standards have not yet been introduced, and the reasons are unknown. After searching relevant cases, Yancheng Intermediate People's Court made a civil judgment (20 19) Su 09 Min Zhong No.3449 on the dispute over the property service contract between Jiangsu Kunyuan Property Management Co., Ltd., Yancheng Branch of Jiangsu Kunyuan Property Management Co., Ltd. and the owners' committee of Wenhua Mingcheng Community in Yancheng City according to the provisions of Paragraph 1 of Article 65 and Paragraph 3 of Article 66 of the Regulations on Property Management in Jiangsu Province. However, many courts in Jiangsu Province do not seem to recognize this point, and still generally recognize real estate development enterprises as investors, and enjoy the benefits according to Article 5 of the People's Republic of China (PRC) Civil Air Defense Law, which stipulates that civil air defense projects are usually used and managed by investors, and the benefits are owned by investors. For example: (1) Suzhou Intermediate People's Court made a civil judgment of (20 18) Su 05 3 125 in the case of Suzhou Zhongzhan Real Estate Development Co., Ltd. v. Shuian (3rd) Owners Committee and Shen Yi of Guoxiang Street in Wuzhong District, Suzhou; (2) (20 18) Su 0 1 2463 civil judgment made by Nanjing Intermediate People's Court on the contract dispute between Nanjing Wang Fu Mingdian Commercial Management Co., Ltd. and Nanjing Tairan Hotel Management Co., Ltd.