Is the parking space "only rent or not" and "only sell or not rent" is legal?It's clear this time ...

Caused by the problem of "difficult parking"

Legal disputes are common

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A few days ago

Sichuan Province Protection Consumer Rights Committee

Sichuan Real Estate Association

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From a legal perspective

Interpretation of common problems in parking space disputes

1

What are the types of parking spaces in the community

The first is that the construction area is planned to park the parking space or garage for parking;

Second, the non -building area occupies a road or other venues for parking spaces for parking;

Third, human -defense garage or people's defense space.

2

Developers stipulate whether parking spaces are "only renting and not sold" or "only selling or not renting"?

Attorney Feng Li, a lawyer of Beijing China Bank of China (Chengdu) Law Firm, said:

Although the property rights planned in the construction area are developers, Article 276 of the Civil Code stipulates that "the parking spaces and garage for parking for vehicles should be used to meet the needs of the owner." Therefore, if the developer refuses to provide parking services in various names such as "only selling and not renting" or "only renting and not sale", in fact, the right of the owners in the community can use the right to use parking spaces through rental. The people's court requested the developer to rent or sell the vacant parking spaces to the owners in the community.

The parking spaces within the non -building area are stipulated in Article 275 of the Civil Code stipulated that "the roads shared by the owner or other venues used to park the parking spaces are shared by the owner." Therefore, developers have no right to punish and profit the non -planned parking spaces by "only selling or not renting" or "only renting and not sale".

Because the property rights are owned by the country, the developers cannot be sold and can only be rented. The longest rent is not more than 20 years. It is legal to set up "only rent or not" for this type of parking space.

3

Is it legal to sell a large number of parking spaces to the same person or buyers outside the community?

Lawyer Jiang Xueping, Sichuan Intels Law Firm, believes:

According to Article 276 of the Civil Code, "within the planning of the building area, the parking spaces for parking for cars, garage shall first meet the needs of the owner" and the "Supreme People's Court of the Supreme People's Court on the hearing of the building distinction of ownership disputes. "Explanation" Article 5 "If the construction unit shall be punished to the owner in accordance with the configuration ratio to the owner, it shall be determined that its behavior shall be determined that the behavior shall be in line with Article 276 of the Civil Code. First of all, meet the requirements of the owner's needs ", developers sell a large number of parking spaces to buyers other than the same person or the owner of the community. This behavior is illegal and violates the legitimate rights and interests of all owners.

Lawyer Li Yan said:

When the developer has already informed all owners through publicity and written in writing, if some owners abandon their purchase parking spaces, they may have idle parking spaces, and the developer can dispose of this part of the parking space. At this time, if the owners of the existing parking space are still willing to buy, the developer should also give priority to the owner's needs of the owner according to the actual remaining parking space. In the above circumstances, one household may buy multiple parking spaces. That is to say, when the owner's needs have been determined to be met for idle parking spaces, laws and regulations have not prohibited developers from selling parking spaces to buyers other than the community owners, and have not restricted the identity or quantity of the buyer.

Therefore, "whether developers have given priority to meet the requirements of the owner" is the core point. As for the requirements of the sales object and the number of sales, it is also necessary to judge the actual situation.

4

Does the public parking space property management company in the community have a rental right?

Lawyer Jiang Xueping, Sichuan Intels Law Firm, said:

Article 275 of the "Civil Code" stipulates that "in the construction area, the planned parking spaces and garage ownership for parking are planned. The parking space for parking is owned by the owner. " Therefore, public parking spaces in the community, if the property rights belong to all owners, have no leased rights of property management companies without authorization of the owner's meeting.

Feng Li, a lawyer of Beijing China Bank of China (Chengdu) Law Firm, also stated that if the industry committee and property management company reached an agreement, the property management company was entrusted to manage the parking space, and the property company could rent the public parking space. In addition to the cost of cost, it should be shared by the industry committee as the owner and used it for all owners.

Produced by Chinese Consumer Newspaper New Media Editorial Department

Source/China Consumer News · China Consumer Network

Reporter/Liu Ming

Edit/Pei Ying

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