论小区停车位的归属

解决小区停车位归属的问题,应当采取共有和专有相结合的综合归属模式。按照法定配置比例建设的小区停车位属于小区住宅的必要配套设施,从保障业主最基本的停车需求的角度出发,法律应当强制性地规定这部分停车位归业主共有。增设的小区停车位如果具有构造上的独立性、利用上的独立性,且能够进行单独登记,就可以认定为专有部分。综合模式能够更好地平衡小区业主与开发商的利益,解决停车位归属的纠纷和矛盾,对于创建和谐稳定的社区具有积极意义。

On Ownership of Parking Space of the Community

In order to resolve the problems of the ownership of parking space of the community,the integrated model of ownership including common ownership and exclusive ownership should be taken.Parking space of the community built according to the legal proportion is the essential facility of the community.To satisfy the owner’s need for parking,the law should mandatorily provide that the parking space shall be commonly owned by the owners.Additional parking space has independent structure;it can be used independently and registered under the name of a specific owner,so parking space shall be determined as an exclusive part.The integrated model can balance the interest batter between the developer and the owners;what’s more,it can also resolve the dispute over the ownership of parking space,which has a positive significance for the creation of a harmonious and stable community.