| With the continuous development of the automobile industry,the number of automobiles continues to rise,but the market gap of residential parking spaces is large,and the supply is in short supply.The construction speed of residential parking spaces is far behind the incremental speed of automobiles.The first paragraph of Article 74 of the "Property Law" stipulates: "In the construction zone,the parking spaces and garages planned for parking should first meet the needs of the owners." As an "economy man",developers often use small communities to pursue high profits The parking space is first sold and leased to a third party other than the owner,which infringes on the legitimate interests of the community owner.The interests of the owner and the developer conflict sharply and are not easy to reconcile."Property Law" does not make a detailed distinction between parking spaces and garages,and the same rules of identification apply.Therefore,unless otherwise specified,this article collectively refers to residential parking spaces.There are many controversies in the parking spaces of the community "first meeting the needs of the owners".There are two theoretical differences on "first",different expressions on "the needs of owners",and three views on the nature of this norm.The most important of these is to determine the ownership of the parking spaces in the community.Only the ownership of the parking spaces in the community can be further clarified in order to further analyze how the parking spaces in the community can be realized "first meeting the needs of the owners".As for the doctrine of ownership of parking spaces in the community,there are four doctrines of master-slave relationship,shared area,floor area ratio,and agreed attribution.The agreed attribution theory is the view insisted by scholars led by Mr.Wang Liming,and this view is also adopted in the Property Law.The requirement that the parking spaces in the community "meet the owner Xu Ya first" is of creative significance,and is the basic principle and purpose of dealing with the problem of parking spaces in the community.The "Interpretation of the Division of Ownership of Buildings" and relevant local regulations have made more changes to the unclear property rights law.Detailed regulations.However,the legal provisions of the residential parking spaces "first meet the needs of the owners" are still too principled,and the operating standards are ambiguous,resulting in conflicts of judicial referrals in judicial practice.In the process of "satisfying the needs of the owners first" in the community parking spaces,there are unclear provisions in the "Property Law",the notification,publicity,and disclosure obligations of the developers are not in place.The program design is too general.The parking spaces in the community meet the needs of the owners.There are no local conditions and real-time updates,resulting in the configuration ratio staying unchanged for a long time,unable to adapt to the needs of the changing owners.The lack of registration of parking spaces in the community,the registration method is not uniform,the parking spaces of different natures are not registered separately,and the restrictions on the external circulation of community parking spaces are unknown.The right of revocation is not guaranteed and other legal provisions are insufficient.Based on the premise of coordinating the interests of the developer and the owner,this article fully considers the situation where the owner is in a weak position,and puts forward six suggestions to improve the legal system of the parking space in the community "first meeting the needs of the owner".One is to refine the "Property Law" provisions of the parking spaces in the community "first meeting the needs of the owners".The owner needs to limit the scope,time and quantity,and clearly define the range of residential parking spaces that meet the needs of the owner.Please ask a special agency to make a fair and reasonable assessment of the price of the residential parking spaces.It proposes a four-year time limit for the sale of residential parking spaces.Rental time limit from 6 months to one year.The second is to improve the configuration ratio standard of the parking spaces in the community "first meeting the needs of owners".The configuration ratio standard should be set under the comprehensive consideration of the needs of the community owner,the surrounding environment and the development of social changes and other factors.It is clear that violation of the configuration ratio will be subject to fines,administrative penalties and credit notification consequences.The third is to improve the program design of the parking spaces in the community "first meeting the needs of the owners".Improve the developer notification and publicity procedures,strengthen the developer ’s obligation to disclose information,and formulate the concept of fairness after retrieving parking spaces in the community,and allocate parking spaces by combining methods such as catching and drawing lots.The fourth is to make clear that the parking spaces in the community "first meet the needs of the owners" to be registered separately.Separate registration regulations have been made for exclusive parking spaces,shared parking spaces,and civil air defense parking spaces.Fifth,standardize the circulation restrictions of residential parking spaces that “first meet the needs of owners”.Different regulations are made on circulation methods,circulation prices,and circulation conditions.Sixth,the legal responsibility of the parking spaces in the community "first meeting the needs of the owners" is clarified.The owner can ask the court to confirm the contract is invalid,partially invalid,and cancel the contract.The developer should bear civil,administrative and criminal legal responsibilities in violation of this provision,clarify the main authority and litigation rights of the owner committee,and further establish the legal responsibility of the owner committee system.In the process of solving the problem of “satisfying the needs of owners” in the parking spaces of the community,we must adhere to the concept of balancing the interests of developers and owners,the concept of making the best use of things and the concept of fairness,so as to promote the realization of this goal and promote the harmonious community.set up. |
