Owner's query
Why are parking spaces suddenly packaged for sale?
According to the owner, on June 9, some owners found that a "warm reminder" was posted in the community. The general content is: some parking spaces in the community have been on sale since July 20 16. At present, "Xi 'an You Xiang Parking Space Commercial Operation Management Company" intends to buy all the parking spaces in the community for sale. If owners need to buy parking spaces, they can contact the residential property management company to submit a written application. If the application is not submitted within the time limit, it shall be deemed that the owner has voluntarily given up buying the parking space from the developer.
"After living in the community, many owners inquired about buying a parking space, and the answer was' stop selling'. Why do you suddenly say that parking spaces that are not for sale should be packaged and sold to third-party companies? " One owner said that the supporting parking spaces of the community itself should be given priority to the owners of the community. If it is sold to a third-party company, the owner will have to buy or lease parking spaces from the third-party company. If a third-party company sells parking spaces to units or individuals outside the community, the parking lot inside the community will not become a public parking lot in the future. How to ensure the safety of the owners?
Some owners also said that the parking space in the community has the nature of supporting facilities. The developer promised to provide a parking space when selling, so the owner bought a house here. After the owner moved in, the developer packaged the parking space and sold it, infringing on the rights and interests of the owner.
agency company
Car owners still have the opportunity to choose to buy parking spaces.
On June 15, the reporter learned in an interview with the community that this "warm reminder" was issued by Anxin Rongjia Real Estate Development Co., Ltd., the development and construction unit of the community. The company said that this "warm reminder" was publicized from June 9 to June 15. If the owner has any objection or intends to buy a parking space, he can contact the residential property service center. If there is no objection or purchase, the corresponding parking space will be sold to "Xi 'an You Xiang Parking Space Commercial Operation Management Co., Ltd." after the expiration of the publicity period. The development and construction unit that has not raised any objection or purchased the parking space within the time limit is deemed to have fulfilled the obligation of informing and reminding. At the same time, it is considered that the current use of parking spaces meets the needs of all owners, which is regarded as giving up objections and giving up the right to buy corresponding parking spaces from residential development and construction units.
Subsequently, the reporter dialed the phone number provided on the "Warm Tips" as the owner of the community and learned that the reporter asked about the parking space. The staff said that it was necessary to contact Poly Ai Jia and gave the reporter a mobile phone number.
The reporter once again called "Poly Love Home" as the owner. The staff said it was a company owned by the developer. At present, it is actually assisting developers to sell parking spaces for sale in the community. If the owner has a purchase demand, he can directly drive into the garage to choose a parking space. If the parking space selected by the owner is not sold, the owner can directly sign a purchase contract with the developer. The parking price is1.4000 ~ 65438. As for the "warm reminder" after the publicity period, the unsold parking spaces will be packaged and sold to a third-party company once, and the staff member did not respond.
Lawyer's view
Residential parking spaces must first meet the needs of owners.
Regarding whether parking spaces in residential areas can be packaged for sale, Zhao Xiaodong, a lawyer of Shaanxi Gong Hao Law Firm, said that according to Article 74 of the Property Law, "planning parking spaces and garages for parking cars should first meet the needs of owners. In the building division, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, gift or lease. Parking spaces that occupy roads owned by the owner or other venues for parking cars belong to the owner. " In recent years, it is not uncommon for developers to package and sell parking spaces. If all the owners who have not bought parking spaces have not expressed their willingness to buy parking spaces, and all the owners have no objection after the developer announces the willingness to sell parking spaces to all the owners, the preemptive right will be waived. At this time, it should be no problem for developers to sell parking spaces.
In response to the example mentioned in the article, Zhao Xiaodong said that although the developer advertised the sale of parking spaces in the community, it was obviously too simple to use only a piece of paper as a "warm reminder". In order to protect the rights and interests of both parties, developers should try their best to ensure that all owners know about the sale of parking spaces in the community, and leave enough time for owners to carefully decide whether to buy parking spaces, so as to avoid disputes between the two parties on the sale of parking spaces in the future.