There is a widespread parking problem in urban residential areas, the ground parking space is not enough, the underground parking space is only sold and not rented, and a lot of financial resources have been exhausted when buying a house, and the purchase of parking spaces is undoubtedly a big expense, making the contradiction between the property company and the owner more prominent.
"Our community road parking spaces are not enough, underground parking lots are only sold and not rented, there is a home can not return, can only look for parking spaces outside the community, is this reasonable?" Buying a car for convenience is now a problem! Recently, Mr. Zhang, the owner of the A district of Tyson Bai Cuiyuan in the middle section of Xinfu Road, Jintai District, Baoji City, reflected his "headache" to the Huashang Bao-Ersanli Information, with a total of 1200 households in the community, only 74 ground parking spaces, and more than 270 owners who need to park.
On the evening of January 17, 2022, the reporter saw at the entrance of the community that the owner blocked the door due to the parking problem, which once caused a blockage in the nearby road section for several hours, and the bus and many private cars were parked, forming a very serious traffic problem, and at more than 11 o'clock that night, the situation was alleviated under the coordination of the property company, the traffic department and the local police station. On the morning of January 19, the reporter came to the exit of the east gate of Tyson Park Again, and learned from the doorman that there was no temporary parking space permission and that the owner who purchased the parking space was still unable to enter the parking.
Owner Ms. Li told reporters: "Before entering the community when parking is still quite convenient, after the car park more and more, can go in and park sometimes late is also a difficult to find, go around several times to find one, now this regulation began, directly can not go in, plus near the night market more, the community roadside parking position is also tightly stretched, often no space, around the community' Running lap', good luck can find a roadside parking space, bad luck has a home can not return to the situation is also common, driving was originally for the convenience of travel, but now it has become a burden, can only do a hurry! ”
On the morning of January 19, the reporter came to the customer service service center of Tyson Bai Cuiyuan A To see the Xiangtai Property Manager to understand the "parking difficulty" of the community, Manager Wang said: "Bai Cuiyuan A Area in recent years due to the rapid growth of the number of parked vehicles, has far exceeded the original design of the parking space ratio expectations, in the second half of 2020 due to the chaotic parking in the community to occupy the fire passage, the owner reported that in December 2020, the Jintai District Fire Department conducted 8 fire inspections and issued a rectification notice, in addition, In July 2020, the owner of Building 24 accidentally caused a fire due to random stacking, but due to random parking on the road, the fire vehicle could not get close, fortunately, the fire was small and did not cause huge property damage, in October of the same year, a child was caught in the door and needed emergency rescue, also because the parking rescue team in front of the building could only go on foot, delaying the rescue time. All kinds of incidents are reminding us that random parking is not advisable, but considering the difficulty of parking by the owners, we will expand the road surface of the community by several meters, and we have squeezed out 74 parking spaces for the owners to park, taking into account fairness and justice, the 74 parking spaces will be numbered, and the way of grasping the lottery number will be distributed, and then on August 12, October 9, December 2, December 2, December 20, 2020, respectively, in the main road of the community and 4 entrances and exits to post vehicle control notices, scheduled to be in January 12 as early as the public security, fire, Under the supervision of the management committee and the community, the owner's vehicles in Area A were numbered, and a total of 137 vehicles were registered, but only 69 people came to draw the number early on January 12, and the number was selected in the order of registration at the proposal of the owner and the consent of more than 40 people (more than half). "
It is understood that the number of parking vehicle charges is currently 3 yuan / 8 hours according to the original government's unified charging standards, accumulated in turn, after the "one fee system" is officially implemented, it will be implemented in accordance with the "one fee system" new temporary parking fee standards, and the number of parking period is one year.
When the reporter asked about the owner blocking the door on the evening of January 17, Manager Wang told the reporter that at more than 5 p.m. on the same day, there were owners who began to block the door, and the alarm was reported in the case of fruitless adjustment, and the traffic police and the police station in the precinct coordinated for more than 1 hour, until more than 11 p.m., the 4 owners who took the lead in blocking the door were taken away by the police station for coordination, and on January 18, they also went to the police station for a record. For the underground parking lot that is controversial to residents only for sale and not rent, Manager Wang said that the underground parking lot belongs to the management and sale of Tyson Real Estate Company, and has not been delivered to the property company, and the current underground parking space in Area A has been sold out, the specific sales situation needs to ask Tyson Real Estate Company, although it belongs to the Tyson Group management, but the property company can only manage 74 parking spaces on the ground, and does not know the sale of underground garages.
Zhao Liangshan, a senior partner at Shaanxi Hengda Law Firm and a well-known public interest lawyer, believes that according to Article 276 of the Civil Code, "within the building zoning, the parking spaces and garages planned for parking cars should first meet the needs of the owners." And Article 275 of the Civil Code stipulates: "Within the zoning of the building, the ownership of the parking spaces and garages planned for parking cars shall be agreed upon by the parties through sale, donation or lease." That is to say, the Civil Code clarifies that the parking space must first meet the needs of the owner, and secondly, the developer and the owner must "agree" on the parking space, and the developer and the property unilaterally force the parking space to only sell and not rent, which infringes on the owner's right to choose, which is inappropriate.
Zhao Liangshan stressed that for the treatment of parking spaces, the owners' committee of the community will first negotiate with the developer and the property. If there is no owners' committee in the community, the consent of more than two-thirds of the owners of the community shall be obtained, and the representatives of the owners representing more than two-thirds shall negotiate with the developer and the property. If the negotiation fails, the owner may report to the Housing and Construction Commission, the Planning Commission and other relevant departments, and the Housing and Construction Commission, the Planning Commission and other relevant departments shall coordinate the handling; or any party may appeal to the court, and the court will make a fair judgment to safeguard the interests of all parties.
Huashang Daily reporter Dong Xiaoming Editor Yang Yuting