Is it reasonable for the property department to charge public parking spaces on the ground in the community?

Public parking spaces belong to all owners of the community, and property management companies are not allowed to collect fees without permission, unless the owners and owners' congress agree in advance.

Second, according to the "Property Management Regulations"

Article 44

Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

Article 54

The use of property * * * with parts, * * with facilities and equipment for business, shall obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.

Three. additional remarks

If the property company is approved by the planning department, it is legal to divide parking spaces in the community and charge fees.

Article 74 of the Property Law stipulates: "In building zoning, the planning of parking spaces and garages for parking cars should first meet the needs of owners. In the building division, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, gift or lease. Parking spaces that occupy roads owned by the owner or other venues for parking cars belong to the owner. "

According to the second paragraph of this regulation, it can be seen that the Property Law allows developers to transfer the ownership of the garage to the owner by way of sale, gift or lease, and the prerequisite for sale, gift or lease must be the legal ownership or disposal right of the parking space and garage. Therefore, the property law has actually granted the ownership of parking spaces and garages to real estate developers. Of course, the parking spaces (including the ground) and garages owned by real estate developers are limited to those approved by the planning department when designing and planning.

If the developer does not set some open spaces in the community as parking spaces when designing, but temporarily uses these open spaces (including roads, etc.). As a built parking space, and the change plan has not been approved by the planning department, the developer and the property management company have no right to transfer the ownership of the parking space to an owner by selling, renting or donating, because the open space belongs to all owners.