The establishment of parking spaces in residential neighborhoods must be legal

Yiyou Xu: graduated from Shandong University of Science and Technology with a Bachelor's Degree in Laws, and a Bachelor's Degree in Laws from Shandong University. Specialties: labor disputes, marriage and family cases, personal injury compensation, contract disputes, corporate legal affairs, non-litigation legal affairs.

With the continuous improvement of residents' consumption level, automobile as a kind of daily consumer goods, gradually into more and more families, a moment in the district overcrowded with cars, which brings a series of problems: more than a small number of parking spaces, indiscriminate parking, destruction of green space, etc. So many neighborhoods through the expansion of the parking space. So many neighborhoods through the expansion of parking spaces, charges, the establishment of access control to solve the above problems, but in the implementation process because of unfamiliarity with the law, the operation of irregularities, intensifying the contradictions between the parties.

In September 2009. x x x neighborhood committee and the industry committee jointly issued a document, claiming to solve the small buildings within the road blockage, fire, traffic safety hazards, lawn greening was destroyed and other issues. According to the provisions of the “Shandong Province Property Management Regulations”, decided to change part of the green space into a parking space, the car occupies the public roads and grounds for a fee. At the same time set up access control, do not pay the parking fee vehicles will be prohibited from driving into the neighborhood.

In the above example, there are a series of illegal problems:

First, the neighborhood committee and industry committee have no right to decide to charge.

According to the “Urban Residents Committee Organization Law” provides that the residents committee is only residents of self-management, self-education, self-service grass-roots mass self-governance organizations, and does not provide for the right to decide on its own fees.

The owners' committee is an organization elected by the owners in the property management area according to the rules of procedure of the owners' general meeting to represent the interests of the owners. The Owners' Committee implements the matters decided by the Owners' Meeting and has no right to decide on the fees in the absence of authorization by the Owners' Meeting.

Second, on the expansion of parking spaces and the collection of fees procedures do not comply with the provisions of the law.

The property management regulations of shandong province, article 51. occupying the property management area of the owners of the common road or other sites for parking cars, shall pay the parking space site use fee, which is based on the entity. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over the Distinctive Ownership of Buildings and the Property Law, the parking space occupying the owner's common road or other sites for parking cars belongs to the owner's common. Changing the use of the common parts, using the common parts to engage in business activities, disposing of the common parts, should be jointly decided by the owners, and need to be approved by the proprietary part of the total area of the building accounted for more than half of the owners of the total number of owners and more than half of the total number of owners. In addition to the above, it also needs to be reported to the price department for approval before it is authorized to charge fees. Only after such a procedure to make the decision in accordance with the law.

Third, the occupation of greening needs to be approved by the relevant departments.

According to the provisions of the property law, for small areas of green space, to the owners of the principle of common ownership, with a single owner as an exception. Change the use of green space, out to be decided by the owners' meeting. At the same time, according to “land management law” article 56 “in the urban planning area to change the land use, in the approval before, should be agreed by the relevant urban planning administrative department”. In addition, “urban greening regulations” article 19 provides that “no unit or individual shall change the nature of urban greening planning land without authorization or destruction of greening planning land topography, landforms, water bodies and vegetation”. Therefore, in the owners' meeting passed a resolution, but also need to report to the urban planning and gardening department for approval.

Community parking problems, the relationship between the majority of owners of vital interests, must be resolved in a legal manner, in order to prevent the intensification of conflicts between the parties.