Does the property company have the right not to let the parking space?

Updated on society 2024-07-17
6 answers
  1. Anonymous users2024-02-12

    the right to park; According to the relevant regulations, the public parking space area of the community should give priority to the parking of the owners of the community.

    Legal analysisProperty management refers to the activities of the owner through the selection of a property service company, and the owner and the property service enterprise repair, maintain and manage the housing and supporting facilities and equipment and related sites in accordance with the property service contract, and maintain the environmental sanitation and related order in the property management area. Residential property: refers to a building with residential functions for people to live in; Including residential quarters, single residential buildings, apartments, villas, resorts, etc.; Of course, this also includes the shared facilities, equipment and common spaces that go with it.

    Commercial property: sometimes referred to as investment property, refers to those properties that can obtain continuous growth returns or can continue to appreciate in value through operation, and this kind of property can be roughly divided into commercial service properties and office properties. Commercial service property refers to all kinds of construction places used by commercial and service industries, including shopping plazas, department stores, supermarkets, specialty stores, chain stores, hotels, hotels, warehousing, leisure and recreation places, etc.

    Office property is a place for managers engaged in production, operation, consulting, service and other industries to work, and it belongs to the category of production and operation materials. According to the development and change process, this kind of property can be divided into traditional office buildings, current first-class buildings and intelligent office buildings; According to the property grade of the office building, it can be divided into Grade A office building, Grade B office building and Grade C office building. The prosperity of the commercial property market is closely related to the overall socio-economic conditions of the local area, especially the development of industries such as industry and commerce, finance and insurance, consulting, and tourism.

    Legal basisCivil Code of the People's Republic of China

    Article 275: Within building zoning, the ownership of parking spaces and garages planned for parking cars is to be agreed upon by the parties through means such as **, gifts, or leases. Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common.

    Article 276: Within building zoning, parking spaces and garages planned for parking cars shall first meet the needs of the owners.

  2. Anonymous users2024-02-11

    If the property is a private parking space, they have the right not to park, if it is a public parking space, then everyone can park;

  3. Anonymous users2024-02-10

    Legal analysis: There is power, according to China's property management regulations, the property has the right to restrict the management of the community in accordance with the law and regulations, so the owner still has to accept its management in accordance with the law and regulations. If the property manages the parking spaces in the community in accordance with the law and regulations, and does not harm the legitimate rights and interests of the owners, the property has the right to prohibit the owners who do not have parking spaces from entering the community.

    Legal basis: Article 50 of the "Property Management Regulations" Owners and property service enterprises shall not occupy or excavate roads and sites within the property management area without authorization, harming the common interests of the owners.

    If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management service enterprise shall be obtained; If a property management service enterprise truly needs to temporarily occupy or excavate roads or sites, it shall obtain the consent of the owners' committee.

    Owners and property management service enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit.

  4. Anonymous users2024-02-09

    Legal analysis: whether it is illegal for the property to not allow the owner to park depends on the situation:

    1. If it is the developer's property right parking space, and the owner does not purchase the parking space, the property has the right to prohibit the owner from entering the community to park;

    2. If it is a public parking space, the ownership of such parking spaces belongs to all owners.

    Parking lots must be rented or purchased before they can be used, depending on whether the parking lot and parking spaces are built in the building plan. If the parking space is in the plan, the developer has the right to dispose of it. However, the law clearly restricts the developer's right to dispose of it.

    Legal basis: Article 74 of the Civil Code of the People's Republic of China Within the building zoning, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.

  5. Anonymous users2024-02-08

    Legal analysis: Parking spaces are under the management of the property. Owners have the following rights in property management activities:

    1. Accept the services provided by the property service enterprise in accordance with the property service contract; 2. Propose to convene a general meeting of owners and make suggestions on matters related to the management of Kuanhu Sakura property; 3. Propose to formulate and revise the management regulations and the rules of procedure of the owners' general meeting; 4. Participate in the meeting of the general meeting of owners and exercise the right to vote; 5. Elect the members of the owners' committee and enjoy the right to be elected; 6. Supervise the work of the owners' committee; 7. Supervise the performance of property service contracts by property service enterprises; 8. The right to know and supervise the use of the common parts of the property, common facilities and equipment and related sites; 9. Supervise the management of special maintenance funds for common parts of the property and common facilities and equipment (hereinafter referred to as special maintenance funds); 10. Other rights stipulated by laws and regulations.

    Legal basis: Article 284 of the Civil Code of the People's Republic of China The owner may manage the building and its ancillary facilities by himself, or entrust a property management service enterprise or other manager to manage it. The owner has the right to replace the property service enterprise or other manager hired by the construction unit in accordance with the law.

  6. Anonymous users2024-02-07

    Legal analysis: the public parking spaces in the community, the owner can park, there are not only public parking spaces in the community, but also some parking spaces that need to be purchased, public parking spaces are allowed for public use, and the purchased parking spaces are only private for the purchaser.

    Legal basis: "Road Traffic Safety Law of the People's Republic of China" Article 37 If a road is divided into a special lane, only the specified vehicles are allowed to pass in the special lane, and other vehicles are not allowed to enter the special lane.

    Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China》 Article 67 In the courtyard of the unit and in the residential area, the motor vehicle shall drive at a low speed and avoid pedestrians; If the speed limit sign is marked, follow the speed limit sign.

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Without this power, there is no such provision in the property management regulations and the property law. It's obviously unfair.