"only sell, not rent" refuses to provide rental parking services to owners
2024-09-23
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original title: "only sell, not rent" refuses to provide rental parking services to owners (topic)
a real estate company in xi'an was sentenced to give priority to satisfying the parking space needs of owners (subtitle)
people's court news (reporter he xueli, correspondent xu ying, zhao yuan) recently, the people's court of yanta district, xi'an city, shaanxi province, heard a parking space dispute case and ruled in accordance with the law that a real estate company should lease the parking space that had not been disposed of to the owner xiaomei in accordance with the principle of giving priority to meeting the needs of community owners.
the court found out that in 2019, xiaomei purchased a house in a community in yanta district developed by a real estate company, and the two parties signed a commercial housing sales contract. at the end of june 2022, xiaomei obtained the real estate certificate for the house involved in the case. after the underground garage of the community was put into operation, a third party, a property company, issued a notice to the owners of the community in may 2022, stating that according to the requirements of a real estate company, from june 2022, vehicles that have not purchased community parking spaces are not allowed to enter the underground garage. in august 2022, when xiaomei drove into the underground garage of the community, she was stopped by the security guard on the grounds of the notice, and a dispute arose. xiaomei sued a real estate company as the defendant and a property company as the third party to the court.
after hearing the case, the court held that, according to article 276 of the civil code of the people's republic of china, parking spaces and garages planned for parking cars within a building area should first meet the needs of the owners. although the developer has ownership of the parking spaces registered in its name within the building area, the exercise of such ownership should first meet the needs of the owners of the community in accordance with the law. nearly half of the property company's property parking spaces have not been sold, so the property company should open the property parking spaces that have not been disposed of in the community involved in the case to the owners of the community, including xiaomei, for leasing.
the court made the above judgment according to law. the real estate company was dissatisfied and filed an appeal. the court of second instance upheld the original judgment.
judge's opinion
with the continuous increase in the number of personal vehicles owned by residents, the number of parking spaces in some communities is unable to meet the needs of owners. however, in this case, while there are a large number of idle parking spaces in the community, the parking spaces are only sold to the owners and not rented, which is obviously contrary to the "satisfying the needs of owners first" mentioned in the civil code.
the original intention of building underground garages is to provide parking spaces to the owners of the community and solve the parking problem. therefore, after the development and construction unit builds parking spaces and garages, it should first rent or sell them to the owners, rather than sell them to third parties. if the owner is interested in buying, it should be sold; if the owner is not interested in buying, it can be rented to the owner. it is not allowed to refuse to provide parking services to the owner in the name of "only selling, not renting".
source: people's court daily
