The underground parking space of the community only sells or causes the garage to be empty on the ground that it is difficult to park on the ground that the property regulations clearly stipulate that the property regulations should be leased
Author:Hubei Daily Time:2022.09.19
□ Chutian Metropolis Daily Ji Mei Journalist Wu Han
Recently, Mr. Wang, a citizen of Wuhan citizen, for help from the Jimu News Hotline: He lives in the Qingjiang Landscape Community next to the Optics Valley Software Park. Due to the extremely tight parking spaces in the community, traffic was blocked in the community, and it was extremely inconvenient to travel. The root cause of all this is that the community developers adopt the policy of "only selling and not renting" the parking spaces of the underground garage. Due to the lowest parking space costs, more than 100,000 yuan, more owners could not afford the parking spaces to park the car on the roadside in the community, and even on the road outside the community, which made the owners very distressed.
The main road of the community is narrow and difficult to do
On September 16, the reporter came to the Qingjiang Landscape Community to find out. As soon as you enter the gate of the community, in addition to the lush green plants, you are all kinds of vehicles on both sides of the community road.
Walking along the main road of the community, you can see that because the vehicles are full of vehicles on both sides of the road, the main road becomes very narrow, and only the motor vehicle is passed by one direction.
Mr. Wang told reporters that he had only moved into this community this year and did not buy parking spaces, so the car was parked on the side of the community. "If you park on the ground, the parking fee is about one hundred yuan per month. The key is that there are too few parking spaces. Now the underground garage of the community is empty, but the ground is full of difficulty. The cheapest parking space will cost more than 100,000 yuan."
Mr. Wang had previously feedback his demands to the property company in the community, hoping to rent a parking space for a underground garage. However, the staff of the property company replied to Mr. Wang: "The parking spaces of the underground garage cannot be rented for the time being, nor do they return to their management. Because the parking space is not a property, it belongs to the developer."
A Ms. Li told reporters that in fact, the parking spaces in the underground garage in the community were rented, but since April this year, developers have introduced a new policy of "only selling or not renting".
The property has no right to manage the left and right
Under the guidance of residents of the community, the reporter came to the property service center of the community. When the reporter asked about parking spaces as the owner, the property reception staff informed that the monthly cost was 120 yuan, and the roads in the community could be stopped, but they needed to find themselves. When the reporter said that he wanted to rent a parking space in an underground garage, the receptionist had no choice but to say that the garage was a developer and they had no right to manage.
In addition, the reporter also learned from the reception staff that their property company is a new property and only settled in the community last year. The previous property company of the community was the property owned by developers. Regarding the problem of only selling underground parking spaces, there are also many owners who feedback them, and they have also negotiated with developers but failed. "After all, the property rights of the garage belong to the developer. A new property has no right to speak on this issue." The staff explained.
The road is full of car photography on both sides of the community: Chutian Metropolis Daily Ji Mei Journalist Wu Han
Developers only sell or rent
After leaving the property center, after turning downstairs, I saw the parking space sales center called by the property. However, the door of the office point is written on the "Qingjiang Landscape Lall Lease Center".
Entering the leasing center, the reporter said to the front desk to rent a parking space. The front desk staff said that the parking spaces in the mainland garage in the community are no longer rented out, and they can only be purchased. A sales manager said that the parking spaces here have property rights, and they can be transferred when they buy it. The property rights period is the same as the house.
When the reporter asked, isn't the community rented a parking space before, why did you change the policy this year? The other party said that this was the company's regulations, and she was unclear because of the specific reason.
When the reporter vaguely stated that the policy of "only selling or not renting" may violate the rules, the other party laughed: "The surrounding communities are doing so, and our parking spaces here are cheap."
The sales manager also showed the location distribution map and price list of the parking spaces. According to the price table, the price of parking spaces in the Phase 1 of Qingjiang Landscape District ranges from 130,000 to 175,000 yuan, and about half of them were sold.
Rental shall be rented in accordance with the regulations
Is there any clear regulations on the parking spaces in the community "only selling or not renting"? On September 17, the reporter called the 12348 legal hotline to consult a lawyer on this issue.
According to the wiring lawyer, although the property rights parking space should be owned by the property owner and the disposal, the parking spaces in the community should give priority to the owners' needs due to the special nature of the community. Article 276 of the "Civil Code" stipulates that in the construction area, the parking spaces and garage for parking for vehicles should first meet the needs of the owner.
Some local regulations in various places have supplemented this, which clearly stipulates that parking spaces in the community must not be "only sold or not rent", even if parking space property rights belong to developers.
Article 59 of the "Wuhan Property Management Regulations", which has also been introduced, also has a clear provision on this: if the owners and property users need to rent parking spaces and garage that have not been sold and rented, the construction unit shall rent.
The lawyer explained that the last sentence of the regulations of the Wuhan Property Management Regulations used the term "should". "It should be" to understand that when the owner requested the lease, the development unit, that is, the developer shall not be "only sold or not rent". reject.
The lawyer suggested that owners can complain to the local housing management department, or call the mayor hotline and other telephones to complain, and the government department will conduct mediation and negotiation.
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