The underground garage of a community is part of the property management? Or is it a real estate com

The daily management of the underground garage in the general community belongs to the property management, and the underground garage has different attributes because of the different contributions and properties. 1. If it is of the nature of civil air defense, whoever invests will benefit, but it cannot be used in violation of anti-laws and regulations, and the general parking space is only the right to use (no more than 20 years); 2. If it is not civil air defense and the construction money is amortized to the total cost of the community, then it is owned by all the owners; 3. If it is invested by the developer itself, the ownership belongs to the developer.

Now the general community underground garage is the first property, most of the garage has been sold when selling the house, only the remaining small part of the real estate company will be handed over to the property company for sale (there are very few real estate companies will also sell their own later, this needs to be confirmed with the property company), the usual daily maintenance management is managed by the property company.

According to Article 74 of the Property Law of the People's Republic of China, the ownership of parking spaces and garages planned for parking cars in building zoning shall be agreed upon by the parties through **, gift or lease. Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common. Therefore, the ownership of the underground garage in a community is agreed by the parties through **, gift or lease, etc., if the construction cost or area of the underground garage is apportioned to the development cost or sales area of the community, these garages are owned by all owners.

If the cost and area of the developer are not allocated to the construction cost when building the underground garage, the property rights are fully owned by the developer, and the owner has no ownership. In addition, if the underground garage is used for civil air defense works, the ownership of the garage is in the district civil air defense office.

Therefore, the ownership of the underground garage in a community is determined by the parties through agreement, and if there is no agreement, it needs to be judged on a case-by-case basis. If the ownership of the underground garages belongs to the owner, then the property company can manage these garages, and if they belong to the developer or **, they need to be managed by the relevant company or department.

Generally belongs to the developer. In principle, the parking spaces that can go through the property rights registration procedures belong to the developer, and the other parking spaces that cannot go through the property rights registration procedures should be specifically analyzed

First, the parking spaces and garages planned on the ground for parking cars belong to all owners if they are non-exclusive parts that cannot go through property rights registration procedures; Otherwise, it belongs to the developer.

Second, the occupation of parking spaces on roads or other sites jointly owned by the owners for parking cars is clearly stipulated in Article 74 of the Property Law and belongs to all the owners.

Third, the underground civil air defense parking spaces are owned by the state, but according to the provisions of Article 5 of the Civil Air Defense Law, the developer can use the management and enjoy the benefits, but not **.

The service life of the underground parking space

The property right of the parking space is indefinite as a real right after the "Real Estate Ownership Certificate" is issued, but the land use right where the parking space is located is limited by the service life, and the term is consistent with the term of the land use right where the parking space is located.

Therefore, the developer's Land Use Right Certificate should be checked to confirm the period of land use. However, according to the provisions of the Civil Code, the term of residential land use will be automatically renewed after the expiration of the term, so there is no need to worry about the service life of the parking space.

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To determine whether the property rights of the underground garage of the commercial housing developed by the developer belong to the developer or belong to all the small owners, it is mainly based on whether the construction area of the underground garage is used as the shared area of the commercial housing in the community. If the floor area of the underground garage has been apportioned as the shared area, when the minority owner purchases the commercial house, the area of the underground garage (referring to the apportioned area) has been included in the floor area of the commercial house purchased by the minority owner.

The underground parking lot in the community is generally charged. Under normal circumstances, the right of underground garage parking space belongs to the development enterprise, and the parking space **** or rent standard is determined by the developer and the owner or lessee through negotiation, and the vehicle parking service fee is agreed by the owners' committee and the property service enterprise according to the provisions of the price department.

This behavior is not legal. The land area of the community has been fully distributed to all the owners, and the land use right of the community is enjoyed by the owners of the community, and the developer no longer enjoys the land use right of the community.

1. The collection of parking space management fees in the community is legal under certain conditions. There are prerequisites for the property to charge the parking fee in the community. According to the provisions of the Property Law, the owners may set up a general meeting of owners and elect an owners' committee.

Other significant matters relating to co-ownership and co-management rights are decided jointly by the owners. The decision of the general meeting of owners or the owners' committee shall be binding on the owners. 2. For matters of common ownership and joint management within the community, the general meeting of owners or the owners' committee shall jointly decide in accordance with the statutory and mutually agreed rules of procedure, and the decision shall be binding on all owners.

If a small number of owners believe that the decision of the owners' general meeting infringes upon their legitimate rights and interests, they may file a lawsuit with the people's court in accordance with the provisions of the Property Law.

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If the parking lot is a public land, then neither the unit nor the individual has any right to carry out **. This type of parking space is mainly leased by the property owner's committee of the community, and the owner who needs it to sign the lease contract. The rent obtained shall be used as maintenance funds and shall not be misappropriated without authorization.

2. If the developer does not include the area of the parking lot in the shared area, then the parking lot belongs to the developer, and the developer has the right to carry out the location of the parking lot, but the location of the parking lot in the community can only be given to the residents within the community, and cannot be sold.

The underground parking lot needs to see who the property rights belong to: If the parking lot is not counted in the public pool, then it belongs to the developer, which means that the developer has the right to **; If the parking lot is counted as a public pool, it belongs to the owners of the community, and the owners of the community can use it; If the parking lot is rebuilt by a civil air defense project, it belongs to the state and shall not be allowed.

Above-ground parking spaces belong to all owners, and the property cannot be charged.

The parking space and its income are major matters jointly owned and managed by the owners, and the owners' general meeting can decide on the management and use of the parking space and its income. The law on the ownership of ground parking spaces is not clearly stipulated, and most of the ground parking spaces belonging to the owners are developed for profit.

The ownership of parking spaces in the community has been clearly stipulated, and the parking spaces and garages planned for parking cars in the building zoning should first meet the needs of the owners. The ownership of parking spaces and garages planned for parking cars in the construction area shall be agreed upon by the parties through sale, gift or lease. Parking spaces on roads or other sites shared by the owners for parking cars belong to the owners.

If the parking space in the community is occupied by the public part of the community, the property service company needs to obtain the consent of the owners' committee to charge, otherwise the property management company has no right to charge. However, the parking fee of the community cannot exceed the maximum property service fee stipulated by the local price department. The owner can obtain the developer's planning permit from the Huaiji collapse housing management, construction planning and other departments to determine that the parking space in the disputed community belongs to the owner.

Whether the parking space in the community should be charged depends on whether the parking space is within the planning scope. The ownership of parking spaces and garages planned for parking in the building zoning belongs to the developer; Parking spaces that occupy roads or other places for parking shall be owned by the owner.