The 12 parking spaces purchased were encroached upon by the property management committee for over 10 years, and the court has ruled

The picture shows two parking spaces occupied by Mr. Zhu.

Wenzhou Net News: “The Wenzhou Intermediate People’s Court’s second-instance ruling has been issued, confirming that the ‘Paid Use Agreement for Underground Parking Spaces’ I signed with the property developer is valid, and these 12 parking spaces belong to me!” Yesterday, Mr. Zhu, a citizen, told reporters that the court’s decision supported the previous report that “the 12 purchased parking spaces have been occupied by the homeowners’ committee for over 10 years,” but currently, 10 of these spaces are still occupied and rented out by the homeowners’ committee and property management.

Invested in purchasing 12 parking spaces

Occupied by homeowners’ committee and property management after moving

In 2011, Mr. Zhu bought 12 parking spaces in Huijing Jiayuan, Longwan District, for real estate investment. Due to developer and policy reasons, all parking spaces in the community could not obtain property rights certificates. Mr. Zhu later sold his house and no longer resided in the community. The parking spaces he purchased were long-term occupied by the homeowners’ committee due to lack of management, and later leased to residents through the property management company.

In 2024, Mr. Zhu provided evidence including the purchase agreement with the developer and invoice records (original invoice lost) to the community property management and homeowners’ committee, demanding the return of the parking spaces. However, Mr. Li, the head of the homeowners’ committee, refused. Verification from Longwan tax authorities and the developer confirmed that Mr. Zhu’s proof of purchase was authentic. Previously, the community leader of Chuangke Town, Puzhou Street, Longwan District, stated that mediation would be organized under the guidance of the street office, but the issue remained unresolved. (Reported by Wenzhou Urban Daily on August 13-14, 2024)

To reclaim his parking spaces, Mr. Zhu sued the community property management at Longwan District People’s Court, requesting confirmation that the ‘Paid Use Agreement for Underground Parking Spaces’ he signed with the developer is valid, and seeking compensation for rental losses. The first-instance court found that 11 of the agreements violated mandatory legal provisions requiring “prioritizing the needs of homeowners,” harming community residents’ interests, and declared these 11 agreements invalid.

After winning the case, 10 parking spaces are still occupied

Local street authorities say they will mediate

Mr. Zhu appealed to the Wenzhou Intermediate People’s Court, which issued its second-instance judgment on March 9 this year. The court held that Mr. Zhu, who purchased the property in the community from Guanghui Property Development in September 2009, is a community homeowner. In 2011, the developer discounted and sold remaining parking spaces, and Mr. Zhu signed the ‘Paid Use Agreement for Underground Parking Spaces’ with the developer, gaining possession and usage rights for the 12 spaces. Despite the discount sale, many spaces remained unsold. During the second trial, the developer posted notices in the community offering the remaining spaces at original prices, with no residents expressing interest. Mr. Zhu also indicated willingness to sell his own spaces. Therefore, Mr. Zhu’s acquisition of the 12 parking spaces from Guanghui Property Development was not malicious hoarding or monopolizing community parking resources, nor did it prevent other residents from meeting their parking needs. The first-instance court’s conclusion that Mr. Zhu’s acquisition violated Civil Code Article 276 lacked factual and legal basis. Mr. Zhu’s rights to possess and use the parking spaces are protected by law, and the community homeowners’ committee and property management should not interfere.

“Currently, the community has a new property management company, which, under the homeowners’ committee’s instructions, continues to occupy and rent out 10 of my spaces,” Mr. Zhu told reporters. During the case, he provided proof of rental agreements with tenants who have paid rent directly to him. However, the remaining 10 spaces are still rented out by the property management company.

After receiving the second-instance judgment, Mr. Zhu returned to the community to demand the return of the parking spaces. He reported the issue to the police but the problem remains unresolved. “Staff from Puzhou Street said they would organize mediation, but there has been no follow-up,” Mr. Zhu said. If the spaces cannot be reclaimed soon, he plans to apply for enforcement through the court.

Source: Wenzhou Urban Daily

Original Title:

“Purchased 12 parking spaces have been occupied by the homeowners’ committee for over 10 years” follow-up report

Mr. Zhu: The court’s second-instance ruling confirms the parking spaces belong to me

Currently, 10 spaces have not been recovered; the parties may apply for enforcement

Reporter: Xie Shuhua

This article is reprinted from: Wenzhou News Network 66wz.com

【Source: Wenzhou News Network - Society】