The property right of the parking space on the first floor belongs to the developer, and who should

In fact, the question you are asking is the issue of apportionment, which is what the so-called owners call sharing.

There is also a public share of the property right parking space, and the public share is only the parking lot of the public share, not the public share of the building, that is, the basement to the first floor of the corridor you said, and the property right parking space is now to be handed over to the public maintenance, if the underground parking lot is to be renovated, then the money spent must be the public maintenance of the owner of the property right parking space.

If there is a warehouse with independent property rights on the basement floor, then the renovation of the basement floor is to use the money of the owners of the whole floor and the owners of the property rights warehouse, that is, to move the maintenance of these houses (for example, 100 households in a building, 30 households in the property rights warehouse, then move the public maintenance of the 130 households), the property rights warehouse is also to be repaired, and there is also a shared range, according to the location of the property rights warehouse and then determine whether the owner of the property rights warehouse pays.

If there is no title to the basement floor, then the renovation of the basement floor is a public repair for the owner of the entire floor**.

Next, I will show you the area measurement report of another community, and you will know what you share and what is considered the owner's common area.

The leftmost -1 floor means the basement floor, and the class E warehouse, residence, and bicycle garage on the right are these rooms that share the public equipment room on the left. That is, the public area of each computer room on the left is the public area of these houses on the right.

If you want to renovate and overhaul the room, the power distribution room, the heat, the weak room, the water meter room, the owner of the warehouse and the owner of the upstairs residential property, the elevator, the corridor, the elevator front room, etc., because the area of the bicycle garage is apportioned, the bicycle garage is owned by all the owners, so the money of the owner of the whole floor has nothing to do with the owner of the property right warehouse.

Therefore, the renovation of the corridor from the basement to the first floor is the money of the owners of the whole building, which has nothing to do with the owners of the property parking spaces and the owners of the property warehouse, and it is the public area that belongs to the owners of the whole building.

Upstairs answer friend said that the owner of the parking space also uses the elevator to share the cost of elevator maintenance and renewal, which is completely unreasonable, and not to mention that the question is the corridor, even if it is the elevator, the renovation and replacement of the elevator can not be spread on the owner of the parking space, I give an example, the owner of a floor does not have a parking space and does not use the elevator, why does it cost the owner of a floor to change the elevator? The owners who rented ordinary parking spaces without property rights and rented civil air defense parking spaces have used the elevator, how to ask these people for money when changing the elevator?

The property right of the parking space on the first floor belongs to the developer, and the developer pays the renovation fee of the corridor from the first floor to the first floor; There are also parking space users who need to use the elevator, and they should also share the maintenance, maintenance, and renewal costs in proportion. In fact, the question raised by my friend is to prove that the property right of the parking space on the first floor is unreasonable for the developer. According to the relevant national regulations, the underground garage built by the developer alone will not have similar design problems; If the developer claims the property right of the underground garage parking space, it shall provide the investment certificate for the separate construction of the underground garage and the planning permit for the construction land of the underground garage, as well as the completion acceptance record certificate of the underground garage.

In accordance with the requirements of the mandatory national standards "Code for Planning and Design of Urban Residential Areas" and "Code for Residential Buildings", residential buildings should be equipped with parking lots (garages) for residents, and parking spaces should be allocated according to the proportion of the number of households in each group. In accordance with the provisions of Article 5 of the Interim Measures for the Management of Residential Buildings, supporting the construction of residential car parking lots (garages), the implementation of the urban planning quota indicators issued by the first class, the construction costs are included in the cost, constituting the housing price; In fact, the developer collects the sale price and has sold the residential car parking spaces and garages.

Make suggestions in accordance with laws and regulations, and hope that everyone will communicate and benefit, and get praise from friends.

Legal Analysis: The cost of overhaul, medium repair and equipment renewal of public facilities is not included in the property fee. Therefore, if it is necessary to replace the residential corridor door, the residential corridor door is still within the warranty period, the developer shall contact the residential corridor door manufacturer and manufacturer to be responsible for replacing the new door, and bear all costs.

Outside of the warranty period, the owner will need to share the cost of the renewal.

Legal basis: Measures for the Management of Special Residential Maintenance Funds

Article 3 The term "common parts of the dwelling" in these measures refers to the common parts of the dwelling by the owners of a single dwelling or the owners of a single dwelling and the non-residential owners connected to it in accordance with laws, regulations and housing sales contracts, generally including: the foundation, load-bearing walls, columns, beams, floors, roofs and outdoor walls, halls, stairwells, corridors, etc.

The term "common facilities and equipment" in these measures refers to the ancillary facilities and equipment shared by residential owners or residential owners and relevant non-residential owners in accordance with laws, regulations and housing sales contracts, generally including elevators, antennas, lighting, fire protection facilities, green spaces, roads, street lights, ditches, pools, wells, non-operating parking garages, public welfare cultural and sports facilities and houses used by common facilities and equipment.

Article 18: Funds for special residential maintenance shall be used exclusively for the maintenance, updating, and transformation of the common parts of the residence and common facilities and equipment after the expiration of the warranty period, and shall not be diverted for other purposes.

Hello, of course, the owner of the building pays from the special maintenance fund account. The property fee does not include the maintenance fee, only the elevator operation and maintenance fee, the elevator is a special equipment, which must be replaced by a professional elevator maintenance company to ensure the safety of the elevator. The wire rope is an important part of the operation of elevator equipment, and it is generally used for 6 years and must be replaced, because the wire rope has been used tiredly, otherwise there will be potential safety hazards.

China's special equipment supervision regulations stipulate that elevator equipment must be inspected annually, and the annual inspection unit of equipment with potential safety hazards must issue a maintenance proposal, which can be delayed or not issued a safety inspection certificate.

Questions. Who should I change the door of the newly bought second-hand housing unit if the door is broken.

Who pays. Hello, as long as it is not your door, it is the unit door of the community that is broken, it is the owner of the building who pays from the special maintenance fund account.

Ask about the property in the community.

It depends. If the pipe partition valve shared by several houses in the corridor is broken, the property in the community should be repaired and replaced in time. The property management company is responsible for the maintenance and maintenance of the common facilities in the common area.

If the heating valve of the specific control family is broken, it must be repaired by yourself, and the property is responsible for sharing, but has the responsibility to assist. It can also be repaired by the property management company, and the costs incurred are paid by the specific household. This kind of paid maintenance special service, the property company will generally be publicized in the community, you can go to the property to take a look.

Generally, it is the cost of materials and man-hours. If you are familiar with the property work, it is normal to pay the fee, which should be a matter of effort. Questions. Oh.

Hello, according to the relevant provisions of the property law, the public roads and green spaces in the community are owned by the owners of the community, and the parking spaces set up on the public roads and green spaces in the community should be shared by the owners, and the developer has no right to **. If the developer disposes of these parking spaces, it must be approved by the relevant owners and the owners' committee, and the proceeds shall be shared by the owners. Without the consent of the relevant owners and the property committee, the act of privately ** parking space violates the legitimate rights and interests of the owner.

Thank you.

Summary. 1. First of all, it is clear that the unit door belongs to public equipment and facilities. The cost of overhaul, repair and renewal of public facilities is not included in the strata fee.

Therefore, if the unit door needs to be replaced, and the unit door is still within the warranty period, the developer shall contact the unit door manufacturer and manufacturer to be responsible for replacing the new door and bear all costs. Outside of the warranty period, the owner will need to share the cost of the renewal.

2. If it is a newly built house, if the owner has paid the special maintenance fund for the residence (commonly known as overhaul**) in accordance with the national regulations when purchasing the house, the special maintenance fund can be used to pay for the cost of updating the unit door.

Who is responsible for the new door of the residential building.

1. First of all, it is clear that the unit door belongs to public equipment and facilities. The cost of overhauling, repairing and upgrading the facilities is not included in the strata fee. Therefore, if it is necessary to replace the unit door and the unit door is still within the warranty period, the developer shall contact the unit door manufacturer and manufacturer to be responsible for replacing the new door and bear all costs.

Outside of the warranty period, the owner will need to share the cost of the renewal. 2. If it is a new construction house, if the owner has paid the special maintenance fund for the residence (commonly known as overhaul**) in accordance with the national regulations when purchasing the house, the special maintenance fund can be used to pay for the cost of changing the dust and updating the unit door.

1. First of all, it is clear that the unit door belongs to public equipment and facilities. The cost of overhauling, repairing and upgrading the facilities is not included in the strata fee. Therefore, if it is necessary to replace the unit door and the unit door is still within the warranty period, the developer shall contact the unit door manufacturer and manufacturer to be responsible for replacing the new door and bear all costs.

Outside of the warranty period, the owner will need to share the cost of the renewal. 2. If it is a new construction house, if the owner has paid the special maintenance fund for the residence (commonly known as overhaul**) in accordance with the national regulations when purchasing the house, the special maintenance fund can be used to pay for the cost of changing the dust and updating the unit door.

You can see which category your situation falls into, and you can correspond to it.

Borne by the developer.

Borne by the developer, such as the manuscript Sakura is a new community, then in the warranty period of the wall problems, the developer should be responsible for the warranty and the related costs of the Sui Sakura. The developer's warranty period for wall exterior decoration problems is generally two years.

Of course, the parking fee is collected by the owner of the parking space, unless he entrusts someone else to collect it, the access control service of the property company is used by all the owners, and it is not the owner who has a car to transport potatoes to use, this fee should be reflected in the property management fee of all owners, unless the owners of the general meeting vote through, the owner of the car needs to pay the road management fee of 50 yuan for the side of the closed person, then you have to hand over the money to the property company.

The parking fee should be collected by the property public hall to investigate and collect, as for whether the developer charges or not, it must negotiate with the property management company, or the property company gives him a part of the fee, in short, who should serve, should pay the fee. Na no paragraph.

It's so hateful, the owners should unite and fight them to the end.

Who the community parking space belongs to depends on the situation. 1. Ownership of ground parking spaces, ground parking spaces include two types of parking spaces, one is building zoning, and the other is a place that occupies the common road or other parking spaces of the owners. 2. Underground parking spaces, specially planned underground parking spaces belong to developers.

3. Overhead parking space on the first floor, the parking space cannot obtain real estate rights and belongs to the owner. 4. Sell the independent garage, which belongs to the independent building and belongs to the developer. 5. The underground civil air defense parking spaces in the community do not belong to the developer, nor to all owners.

Article 275 of the Civil Code of the People's Republic of China In the building zoning, the ownership of parking spaces and garages planned for parking cars shall be agreed upon by the parties through **, gift or lease.

Parking spaces that occupy the road or other sites used for parking cars in the road jointly owned by the owners belong to the common ownership of the owners.

Article 276 of the Civil Code of the People's Republic of China provides that within the building zoning, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.

If there is no area of the underground parking stall in the community, then, the property rights belong to the developer, and all developers have the right to share it.

The so-called ground parking space refers to the parking facilities that are directly set up on the surface of the community and marked by the way of marking and dividing, which is approved by the "Planning Permit for the Construction of the Pants Project" issued by the first class. After the real estate developer pre-sells or sells the housing units in the residential community, and goes through the initial registration and transfer registration, the owner of the housing unit (i.e., the owner of the building division) jointly owns all the land use rights of the parcel number of the community. Because the ground parking space is a parking facility directly set on the land surface of the community, that is, it is directly set on the land surface shared by the owners of the Fangling accompanying housing unit.

Owners shared.

Within the building zoning, the parking spaces and garages planned for parking cars shall first meet the needs of the owners. Within the construction and construction zoning, the ownership of parking spaces and garages planned for parking cars shall be agreed by the parties through **, gifts or leases. Defeated.

Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners of the Honjin Mountain.

This question should be analyzed according to the specific situation of your community. 1. From the perspective of property rights, the property rights of above-ground parking spaces in the community belong to all owners, but do not belong to a specific owner. There are differences in the subjects of property rights, so there are also interests arising from property rights.

2. From the perspective of the cost of using parking spaces, it mainly includes two parts: public land use fees, parking space setting costs and maintenance and management fees (except for the management business included in the property management contract), and the owner's personal parking space rental fees are also generated from these two aspects. 3. Ownership of parking space rent. After deducting the cost of setting up the parking space and the maintenance and management fee, the rental of the parking space shall be owned by all the owners, which can supplement the insufficient property management fee, and can also be decided by the general meeting of the owners.

Fourth, how much parking fees should be charged. This can be done by the owners' committee to propose a specific plan and negotiate with the property management company, and finally approved and implemented by the owners' general meeting. Fifth, in the case of tight parking spaces in the community and short supply, you can take:

a. Fixed fee, taking turns to rent. b. Limit the most, auction method, higher than the maximum price can not meet the demand can be used lottery + sorting method. c. The quota is on a first-come, first-served basis, and the daily fee is charged on a daily basis、—— and other creative and reasonable methods.

Sixth, the general community, the property management department and the price department have a charge guidance**. In short, as long as there are certain fees and management implementation rules, this fee is legal.