Ownership & Using Of The Garage-underground Of Apartments

With the reformation of Chinese housing system, China has already acknowledged the system of"Condominium"in practice although the country has never affirmed it in legislation. An apartment may be divided into two parts: proprietary part and commonage part. An owner can share the commonage part of the whole apartment. The garage-underground is a common element of the apartment and it always assists the apartment, so the garage is commonage part of the apartment. When a unit is sold by the realty seller, the garage-underground will also be delivered with the unit. A person who buys the unit will also possess the share of garage-underground, except the realty seller and the buyer has opposite valid contract on keeping the ownership of garage. With the theory of Civil Law, there're two kinds of co-ownership,"tenancy in common"and"joint tenancy". Many scholars suggest the co-ownership of the garage-underground is joint tenancy, since all co-owners have definite share of the garage. But it is wrong. The difference of"tenancy in common"and"joint tenancy"is not whether co-owners have share but whether the share can be severed. Although co-owners share the garage-underground, but they cannot sell there share unless they sell their unit. When a co-owner sells his unit, he won't be a co-owner of the apartment any more. So co-ownership of the garage-underground is tenancy in common but not joint tenancy. The co-ownership of garage-underground cannot be severed. China is a developing country and cars haven't been popular in China now. Not every family needs the garage-underground, so we can set Tenancy on the garage to make the full use of it. Then the garage which was common element of the apartment will become the tiled garage for some one. There are three quomodo to set tenancy on the garage, those are (1) Subscription and purchase agreement; (2) agreement of all co-owners; (3) stipulations of agreements. The co-owners community is an independence organization and every co-owner is its member. The co-owner community will sign the leasing contract with others when all co-owners agree leasing the garage-underground to some one else. Otherwise, stipulations of agreements will still be available to the new buyer, who will be a co-owner of the apartment. To prevent the new buyer in good-faith meeting fraud and detriment, stipulations of agreements should be published and can be easily inquired. If a tort happens in the garage-underground, the system of Compensation will depend on the particular circumstance. If the garage doesn't meet the standard of quality, the realty seller will bear all the compensate occured.