(China Daily)
Updated: 2007-10-12 07:14

More factors need to be looked at to properly execute the Property Law, says an editorial in Beijing News. The following is an excerpt:

According to reports, lawsuits involving parking lots in residential communities are on the rise following the implementation of the Property Law this month.

In the lawsuits, property owners are seeking support from the courts to stop property managing companies charging fees for parking lots in the communities.

According to the Property Law, the parking lots in the communities belong to the property owners. Thus, there is no reason for the managing companies to charge the owners for parking their cars on their own property.

The managing companies usually argue that they charge fees because they run the parking lots and maintain their safety.

We should leave it to the judges to decide on this matter. But commonsense tells us that land on which homes are built belongs to the whole community, and not just car owners.

If those who want to park their cars free of charge what about those who do not have cars? Should they also lodge lawsuits to defend their own interests?

All these disputes have been triggered by multiple factors, including design defects, inadequate supervision of property management companies, and lack of awareness of the property owners about their rights. The law does not address these issues and it is left to the courts to decide.

Besides the judicial explanations and affiliated laws, the Property Law also needs administrative rules to boost awareness of property owners as to their rights.

(China Daily 10/12/2007 page10)