From October 1 this year, the Shanghai Municipal Regulations on the Administration of Motor Vehicle Parking in Residential Property Management Areas came into effect. In some communities in Shencheng, the new regulations stir up thousands of waves, especially one of the provisions on "fixed parking spaces".
The new regulations make it clear: "Where parking spaces are set up in areas other than the original planning and design of the community, they shall not be leased as fixed parking spaces to specific owners and users." "The literal meaning is not difficult to understand, that is, the parking spaces set up by the community on the surface roads and open spaces cannot be rented as fixed parking spaces. In some communities in Shencheng that have fierce parking conflicts due to the fixation of parking spaces, the new regulations have brought opportunities to the adjustment of parking space management methods.
On September 13 this year, the New Ideal Garden Community, Lane 758, Rongle West Road, Songjiang District, posted a paper announcement proposing to implement the above regulations and change all ground parking spaces from fixed to shared from October 1. Unexpectedly, after the announcement was posted, it caused a lot of opposition, and the community had to announce again on September 28 that it was "suspended". What is the reason for the obstruction of parking in the community according to the regulations?
△ New ideal garden community.
There are 1125 fixed parking spaces, more than 180 vacant every night
On October 11, the reporter came to the New Ideal Garden Community. Earlier, Ms. Chen, a resident, told reporters that the parking in the community was very tense, and she was waiting for the property to arrange a ground parking space, which was already ranked 155th. However, after entering the community, the reporter found that it was different from other communities in Shencheng that were tight for parking. In many communities in Shencheng, residents who are worried that there is no place to park when the car drives away will not easily get off the car, and even during the day, there will not be many empty spaces on the ground of the community. But in the new ideal garden community, the ground parking spaces are mostly empty during the day. Residents said the reason was that there were as many as 1125 parking spaces on the ground, all of which were rented as fixed parking spaces, and one car did not need to worry about the occupancy of parking spaces.
△ Since the 1125 parking spaces on the ground are rented as fixed parking spaces, there is no need to worry about the parking spaces being occupied after the vehicles drive away, and most of the ground parking spaces in the New Ideal Garden Community are empty during the day. However, on the left side of the picture, a car is not parked in the parking space of the drawing line, indicating that the parking resources in the community are still very tight.
On the ground parking space of the community, all kinds of exclusive "oaths" can be seen. Not far from the gate of the community, in a parking space on the left-hand side of the road, yellow paint prominently scribbled the "Shanghai C" license plate number, which is consistent with the silver vehicle license plate parked on the parking space. Further on, more roadside parking spaces are painted with small white printed fonts next to the license plate number. In some parking spaces, car owners also deliberately use white paint to splash out large characters such as "dedicated" and "private parking spaces" to remind others not to park randomly.
△ The picture shows that in the new ideal garden community, the license plate number is written on the parking space with yellow paint to indicate that the parking space is fixed and rented to an individual.
△ On many parking spaces next to the road, the license plate number is sprayed next to the parking space number in small white printed characters.
This is a "legacy of history". The manager of Xiangxi Property In the community, Lu, told reporters that in the hands of the previous Jiaguan Property, the community has always adopted a fixed management method of ground parking spaces. In addition to the 122 grass brick parking spaces when the community was built, the parking spaces allocated on the subsequent roads were successively fixed and leased to residents. Due to the abundance of surface parking spaces, there was little contradiction in previous years. Since April this year, developers have begun to sell underground property parking spaces, and a large number of vehicles originally parked in underground garages have been driven back to the surface, and parking conflicts have suddenly intensified. According to Manager Lu, there are currently more than 200 cars waiting in line to arrange parking, but the places where the ground can draw lines have long been used, where can fixed parking spaces be arranged? At night, these vehicles can only see the needle in the seam, "blocking the entrance to the stairway, the entrance to the underground garage, and parking in a mess." ”
△ On some parking spaces, car owners also deliberately use white paint to splash out large characters such as "dedicated" and "private parking spaces" to remind others not to park randomly.
On the one hand, more than 200 cars cannot be lined up for fixed parking spaces, and on the other hand, there are a large number of existing fixed parking spaces that are idle after nightfall. Xiangxi Property once spent 3 nights in the community to conduct an inspection and found that among the existing fixed parking spaces, an average of more than 180 parking spaces were idle. "If all of them are changed to shared parking spaces, and then with the optimization of parking spaces, will the parking contradiction in the community be alleviated?" Therefore, since April this year, the call for adjustment of parking management methods in the community has become louder and louder.
△ Because the 1125 parking spaces on the ground of the new ideal garden community are fixedly leased to residents. At night, vehicles that do not have a fixed parking space can only find a place to park. Several cars are parked on the side of a passage in front of a building.
The regulations are so clear, but also "go through the procedure"?
In order to alleviate the parking contradiction, in May this year, under the leadership of the New Ideal Neighborhood Committee, the New Ideal Garden Community set up a parking plan drafting group composed of neighborhood committees, property committees, property and resident representatives. In August, the group came up with two parking plans for consultation. The first plan is to maintain the existing fixed parking spaces unchanged, but the new parking spaces are all shared parking spaces, and the community implements "one car and one person", registration is first available, until the amount is full; the second plan is to change all ground parking spaces from fixed to shared. In order to cooperate with the adjustment of the parking management mode of the community, the community has released 60 unallocated parking spaces as shared parking spaces, and also intends to implement parking space optimization and expand about 80 parking spaces.
Manager Lu of Xiangxi Property believes that the first plan is actually "changing the soup without changing the medicine". After calculation, the existing fixed parking spaces plus the newly expanded parking spaces are still not enough to "one car and one person", which cannot solve the problem, and the property is more inclined to the one-step solution two. Since August 28, the community has consulted on the above two plans, and residents will vote to choose which one to implement. Gao, secretary of the party branch of the new ideal residential area, recalled that the voting votes had just been issued, and on August 31, the neighborhood committee received the news that the "Regulations on the Management of Motor Vehicle Parking in Residential Property Management Areas in Shanghai" were about to be implemented. After consultation between the neighborhood committee, the property committee and the property management committee decided to suspend the consultation process to avoid the final consultation and implementation of the first plan.
"At that time, everyone felt that since the regulations were so clear, then what else to consult, direct implementation on the line", therefore, on September 13, the New Ideal Neighborhood Committee led the community industry committee and the property to post an "announcement", saying that because the plan one has illegal requirements, the community decided to directly implement the second plan, that is, "all ground parking spaces are not fixed, are used as shared parking spaces", and the new parking plan will be implemented simultaneously with the above regulations on October 1.
△ The picture shows the "announcement" of the new ideal neighborhood committee leading the community industry committee and the property posting the parking space from fixed to shared on September 13.
The "announcement" quickly caused an uproar in the community. Ms. Gu, a resident, told reporters that car owners with fixed parking spaces have expressed their objections to the neighborhood committee and the property office. Fixed parking space owners insist that the community parking plan is a management matter involving all owners, even if the plan two is implemented as a new parking management plan in the community, according to the relevant regulations, it must also be voted by the owners' meeting, "This necessary procedure cannot be saved, and it cannot be decided by only a paper announcement." ”
In this regard, Secretary Gao said that for the requirements of fixed parking space owners, community managers expressed puzzlement. He consulted the street housing office for advice at the first time, and the housing office gave feedback on two opinions: one is "according to the document"; the other is "it is best to go down the procedure". "What does it mean to be 'the best'?" There is no answer to this question.
Experts: If there is a violation of the plan, it must be adjusted, but it needs to be consulted
On September 28, under the pressure of the owners of fixed parking spaces in the community, the New Ideal Neighborhood Committee led the community industry committee and the property to post an "announcement" again, saying that the implementation of both plan two and plan one was suspended, and the parking management mode of the community remained unchanged. After the new "announcement" was posted, it triggered the dissatisfaction of more than 200 car owners waiting in line. They have questioned: Since there are regulations, why does the community not implement them?
"The problem we encountered was that if a parking space was set up in an area other than the original planning and design of the community, it could not be rented out as a fixed parking space to a specific owner or user. There is no detailed explanation, and different interpretations will indeed lead to contradictions and disputes", Secretary Gao believes that the community is a bit hasty and makes both ends unpopular. But the contradiction must be resolved after all, he said, "how should the residential parking plan be adjusted in accordance with the new regulations?" Does the adjustment need to be implemented through consultation? The one-year lease for a fixed parking space at the end of the year is about to expire, should the property renew the lease? We urgently need authoritative guidance on these issues. ”
△ The New Ideal Garden Community recently released 60 unallocated parking spaces for shared parking spaces. The picture shows the parking space of the community marked with the word "sharing". Community managers believe that the sharing of all ground parking spaces is the way to solve the parking contradiction in the community.
The reporter consulted Sun Ye, director of the Pudong New Area Property Management Dispute Investigation Committee, on the question of the New Ideal Garden Community. She believes that the so-called "original planning and design parking spaces" in the regulations refer to the parking spaces marked in the general floor plan of the community planning that belong to all the owners, and this part of the parking spaces is included in the proportion of parking spaces in the community. Therefore, the provisions can not be rented as fixed parking spaces, in fact, refers to the parking spaces set up on other roads in the community, as well as through the construction of beautiful homes, comprehensive renovation of old houses and other expansion of parking spaces.
Sun Ye believes that if the community has set up fixed parking spaces in areas other than the original planned and designed parking spaces: the parking management system formulated before October 1, 2021 can continue to be used. However, after October 1, 2021, the formulation or revision of the parking management system of the community shall comply with the requirements of the Provisions; the community has not yet formulated a parking management system, but if the owner of a fixed parking space has paid the parking fee or signed a parking space lease contract, the fixed parking space can still be used before the expiration of the payment period or the expiration of the contract. After the expiration of the payment period or the expiration of the contract, the parking space should not be used as a fixed parking space.
In view of the current embarrassing situation of the New Ideal Garden Community, Sun Ye suggested that the suspended parking management plan be revised in accordance with the requirements of the regulations. Moreover, the parking management plan is a matter involving all owners, and must be voted by the owners' general meeting before implementation.
Column Editor-in-Chief: Mao Jinwei Text Editor: Mao Jinwei
Source: Author: Mao Jinwei