Residential Area Parking Lots, Garages Ownership Analysis

With the people’s residential mode developed from horizontal arrange to verticalsuperposition, condominium was born. According to the common saying, the theoryof three aspects, it contains the right holder’s exclusive ownership on the specific part,the mutual right on common part and the member right based on the common affairssuch like management, maintenance and repair of the building. In reality, mostdisputes about condominium are occurring in mutual right or on common parts. Thispaper will analyzes some issues related to parking space and garage, which wereeasily to be regarded as common parts as ancillary facilities. In practice, the disputesare mostly focused on the vague ownership. China’s current “property law” paysattention to the ownership problem of parking spaces and garage in condominium, butonly one provision and be criticized much. So it’s hard to avoid embarrassment inapplication of this provision. This article starts from the basis concept ofcondominium, lead to the reasonable application of the article74of “property law”,through analyzing the connotation and defects of the provision. Such like the properunderstanding of “first meet the units owners’ needs” and the effectiveness of promisein determination of the parking spaces and garages. In addition, combing through allkinds of existing rules in determining the ownership of parking spaces and garages,analyzing the causes, the advantages and disadvantages, the maneuverability andrealistic significance of every standard, try to see the problem with a morecomprehensive understanding and judgment. Finally to sum up three basic principlesshould be followed in the right confirmation process. First, the interests of communityand owner are prior. Considering the purpose of construction and the incliningprotection to the weakness, the major premise of definition are providing the parkingspaces and garages to the owners firstly and maintaining the public interest. Second,the beneficiaries are the investors. According to the share of the total cost of theparking spaces and garages define the proportion of the investment. Then according tothe proportion give investors a corresponding right. Third, autonomy of private law.On the premise of legal, allow the holders of parking spaces and garages to disposetheir rights freely. The law should show enough respects and protection to theagreement between the parties with rights. Using the three basic principles in definingthe property right of various types of the parking spaces and garages, there are different results according to different conditions.Due to the restriction of the existing provisions about the measurement of thebuilding area and the calculation of the capacity rate, the beneficiaries are theinvestors as the substantial principle in defining the property right of parking spacesand garages encountered obstacles. It is worse that the construction cost is oftendifficult to clarify. There also need other related departments’ response. The parkingspaces and garages could own the right of land using and could be independent tradedas specific part, if only could they were calculated with capacity rate like the wholebuilding. Or allow share the building area of parking spaces and garages according tothe situation, so the part could be set for exclusive right. Meanwhile, we should alsoperfect related registration system in order to make sure that all the objects meet theconditions and can be independent trade, like parking spaces and garages, could beregistered. At the same time, the property right of the parking spaces and garages willbe more clearly.