Is the parking charge in the community legal? Parking charge standard in residential area

People's quality of life is getting better and better, and the occupancy rate of the community is also increasing. However, the problem of parking spaces has been bothering owners. It is often heard that owners have to pay property management fees every year. Why do they charge extra parking fees for parking in residential areas? Is parking charge legal in this community? People have been arguing about parking fees in residential areas. Let's first look at the relevant laws and regulations on parking fees.

First, is the community parking fee legal?

According to the provisions of Article 54 of the Property Management Regulations, those who use the parts and facilities of the property to operate shall go through the relevant procedures in accordance with the provisions after obtaining the consent of the relevant owners, owners' congress and property management enterprises.

According to Article 73 of the Property Law, roads, green spaces, public facilities and property services in residential areas belong to the owners. Article 74 stipulates that parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. Therefore, the property has no right to charge parking fees.

After being authorized by the construction unit, the property management company can charge the parking fee from the owner instead of the construction unit, but the parking fee standard at this time is not determined by the property, and it is specifically agreed by the owner and the construction unit in the contract.

The parking space of the swimming pool belongs to the owner, and it is illegal for the property to charge parking fees in the community. After the approval of the owners' meeting, the parking space management service fee will be charged for renting, and the income will be shared by both the property and the owners. The following situations are shared parking spaces: (1) If the parking spaces should be delivered to the owners free of charge according to national laws or local government regulations, the function of the garage as a public supporting facility has been clearly defined in the community planning, and the construction of the garage will be the legal obligation of the developer. (2) Parking spaces that occupy roads or other venues owned by the owner for parking cars belong to the owner. (3) The developer has calculated the parking space of the underground garage construction area when calculating the pool area. (4) The cost of building underground garage is included in the parking space cost of residential development cost.

Second, the residential parking fee standard

1. The management service fee of 70 yuan/car/month is charged for the above-ground parking spaces in the property management area at the maximum. Social vehicles that temporarily enter the community are not charged for the first hour, and they are charged at 2 yuan/hour if they exceed 1 hour. The maximum charge for continuous parking for 24 hours is 10 yuan.

2. Owners' property parking spaces in ordinary residential areas shall be charged according to the charging standards stipulated in the contract between the owners and the property; For residential and non-residential mixed communities, parking spaces in residential communities are charged according to the charging standards agreed in the contract, and non-residential owners charge parking fees according to the market-adjusted price.

3. Rent underground parking spaces, garages and mechanized three-dimensional parking spaces and garages, and charge parking fees according to market-adjusted prices.

4. If the parking lot is less than one time unit, the time unit shall be subject to the contents published on the price bulletin board. It must be 15 minutes, or there is no specified 20 minutes, 30 minutes or 1 hour, and the extra parking time shall not exceed the time unit.

Note: The charging standards in different regions are slightly different. Please refer to local regulations.

Third, how to protect rights in the face of high parking fees?

If you find that the parking fee in the community is illegally charged or overcharged in violation of the parking fee standard in the community, you should actively report it. You can complain to the local property management department, call the public hotline 12345 or the consumer complaint telephone number 123 15, or you can report it to the price bureau or the housing authority. It is best to negotiate the parking fee standard of the community through the representatives of the owners' Committee and the property, and stipulate it in the contract to avoid arbitrary charges.

The article comes from the network, and the infringement is deleted.

This article comes from car home, the author of the car manufacturer, and does not represent car home's position.