Is it legal for the property to charge parking fees to the community?

Property service enterprises provide services in accordance with regulations, charge fees according to law, and the income belongs to the owners, which is legal. The basis is as follows:

1. Parking facilities in the residential area are owned by the owner * * *.

Car parking lots, garages and parking spaces allocated according to the number of households in residential district planning are parking facilities provided for owners according to law. According to the provisions of Articles 26 and 27 of the Urban Real Estate Management Law and Article 5 of the Interim Measures for the Administration of Residential Prices, the land acquisition fee and construction fee of residential parking facilities should be included in the residential cost, which constitutes the price of commercial housing. Article 27 of the Property Management Regulations stipulates that "the owner shall not dispose of the ownership or use right of the parts and facilities used by the property according to law". According to Article 9 of the Measures for Undertaking Inspection of Property, the construction unit shall, in accordance with the relevant provisions of the state, hand over the property facilities with clear ownership to the property service enterprises, including roads, green spaces, parking facilities and civil air defense facilities enjoyed by the owners according to law. Property service enterprises need to provide services for the maintenance of houses and their ancillary facilities, the management and maintenance of environmental sanitation and related order.

2. The owner * * * enjoys part of the income according to law and uses the parking space for compensation.

Article 70 of the Property Law classifies "the parts and facilities used by the owner according to law" as "the parts owned by the owner except the proprietary parts", and the owner has the right to jointly manage with * * * *. According to the provisions of Article 5 of the Interim Measures for the Administration of Residential Prices, the residential owner is a part of the actual investor of * * *, and shall also bear the daily operation and maintenance expenses of the facilities used by * * and the expenses of overhaul, medium repair, renewal and transformation stipulated in Article 11 of the Measures for the Administration of Property Service Fees; Therefore, residential parking spaces should be used together with paid cars to compensate all residential owners. According to Article 54 of the Property Management Regulations, "the owners' income should be mainly used to supplement special maintenance funds", all residential owners can be compensated legally and reasonably, and the subsequent work of raising special maintenance funds for residential buildings can be reduced.

3, the realty service enterprise shall provide services in accordance with the provisions, fees according to law.

Before the establishment of the owners' congress, the realty service enterprise shall provide on-site management services for residential parking facilities according to the preliminary realty service contract and the temporary management regulations formulated by the construction unit. The construction unit shall abide by the provisions of Article 22 of the Property Management Regulations, formulate a temporary management statute according to law, and clarify the use, maintenance and management of parking facilities. According to the Price Law and the Provisions on Charges for Clearly Marked Property Services, and in accordance with the requirements of Article 18 of JJ [2004] 155 "Pre-Property Services Contract (Model Text)", the property service enterprise shall cooperate with the construction unit to formulate the parking space use and charging system, and make it clear in the temporary management statute to guide the owners to abide by the law. The preliminary realty service contract and temporary management agreement shall be put on record according to the regulations, and the documents guided and supervised by the competent government departments according to law are the basis for the realty service enterprises to charge fees according to law. According to Article 282 of the Civil Law, "the income, after deducting reasonable expenses, belongs to all".

After the establishment of the owners' congress, the realty service enterprise shall hand over the property to the owners' committee in accordance with the provisions. The realty service provider (or the original realty service enterprise) selected through the market competition mechanism shall provide on-site management services for parking facilities in residential areas according to the realty service contract and the management regulations formulated by the owners' meeting, learn from the previous realty service experience, and correct the existing problems.

For related issues, please refer to the articles "What Rights Do Owners Enjoy in Property Management Activities" and "Problems Related to Parking Fees in Residential Areas (I)".

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