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In recent years, with the rapid popularization and growth of the owner's private car, most of the community parking spaces, especially the old community, can not meet the parking needs of the owners, and there are more and more contradictions between the property, the property committee and the owners due to parking problems.
In March 2021, Yu, the owner of a community in Pudong New Area, Shanghai, sued the general meeting of owners of the community, requesting the revocation of the "Parking Management Measures" made by the general meeting of owners.
On December 17, 2019, the general meeting of community owners voted to pass the "Parking Management Measures", which divides the ground parking spaces shared by the owners of the community into fixed parking spaces and temporary parking spaces, with more than 100 fixed parking spaces and only a dozen temporary parking spaces, while the parking demand in the community has reached two or three hundred, and the parking contradiction between the owners has intensified. The owner of the fixed parking space does not have any sales or lease contract, and its parking fee is the same as that of the owner of the temporary parking space, so Yu believes that it violates the equal rights and interests of all owners and is unfair, and requests to revoke it.
The general meeting of the owners of the community said that the community was previously managed by a property management company, and there were not many vehicles at that time, so the property provided fixed parking spaces to the owners of the community. After August 2016, a property company withdrew and handed over the list of fixed parking spaces to the community property committee, which formulated a parking management method plan based on the principle of respecting history and submitted it to the owners' general meeting for voting. According to the rules of procedure of the owners' meeting, the procedure was completely legal and did not infringe on the rights and interests of the owners in substance.
In order to regulate the parking in the community, it is necessary to formulate parking management measures, and it is also in accordance with the procedure to be voted and approved by the owners' general meeting, but the focus is whether the measures infringe on the rights and interests of the owners.
The parking spaces in this community belong to the owners, and all the owners of the community enjoy fair and equal rights to the parking spaces. The "Parking Management Measures" divide parking spaces into fixed and temporary, the corresponding rights of the two types of parking spaces are not the same, and the benefits of fixed parking space owners are obviously better than those of temporary parking space owners, but the cost is the same, which causes unfairness and difference in the rights and interests of entities.
The court also held that the management measures made by the former property management company for parking spaces did not belong to the decision of the owners' meeting, and even if it had existed for a long time, it was not binding on the owners of the community because it had not been subject to relevant procedures. In the end, the court held that the Measures for the Management of Parking Spaces made by the owners' general meeting infringed upon the legitimate rights and interests of the owners and should be revoked. ((2021) Hu 0115 Min Chu No. 16943).
It can be seen from this case that a decision made not through the legal procedures of the owners' general meeting must be legal and valid, and it depends on whether the decision infringes on the rights and interests of the owners. The majority of owners believe that the decision made by the owners' general meeting infringes on the rights and interests of the owners, and they can exercise the right of revocation, and it should be noted that the time when the owners exercise the right of revocation iswithin a yearand do not overdue.
In fact, the real root cause of this case is the lack of parking spaces in the community, and the revocation of the judgment cannot completely solve the contradictions between the owners of the community. In order to solve the problem of insufficient parking spaces in the community, it is also necessary for all parties in the society, including housing and construction, street offices, property committees, property management and the majority of property owners to work together. For example, in many areas, the "shared parking space" is widely welcomed by the owners, and you can find the nearest free parking space to yourself in the mobile phone ** "parking app", "parking app" and other small programs.
Many areas have also broken down the segmentation, and multiple communities share parking spaces. For example, four new communities in Zhoupu area, Shanghai, the parking spaces in each community are not balanced, the police station according to the actual demand, together with the neighborhood committee, will be the four communities "jointly manage vehicles, share parking resources", the parking space resources have been effectively adjusted, the four communities have basically no random parking vehicles, orderly.
Community parking space disputes, seemingly trivial, but can affect the overall harmonious development of the community, the need for the majority of owners in conjunction with relevant departments, work together, and with the help of modern scientific and technological means, to develop a legal and scientific management methods.
Owners & Properties