Latest regulations on parking in front of the first floor of property law

Hello, Article 74 of People's Republic of China (PRC) Property Law clearly stipulates the parking spaces in the residential area. Specifically, in the building division of residential areas, planning parking spaces and garages for parking cars must first meet the needs of owners. The ownership of parking spaces and garages planned for parking cars in residential buildings should be agreed by both parties through sale, gift or lease. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. ? According to Article 74 of the Property Law, the law gives owners the right to agree on the ownership of parking spaces and garages. This provision has the following advantages: first, it fully conforms to the principle of autonomy of will in the field of civil law. The obligee can freely exercise and dispose of his rights according to his own wishes, and coordinate the interests of all parties through autonomy of will, which is conducive to solving disputes and stopping disputes. The obligee himself must be the best representative of his interests, and his decision on the use and disposal of property must be more convincing. ? The Property Law stipulates that parking spaces in residential areas: Article 74 Within a building division, parking spaces and garages planned for parking cars should first meet the needs of owners. Ownership of parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties through sale, gift or lease. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. Legal Analysis: Paragraph 2 of Article 74 of the Property Law stipulates that the ownership of parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties through sale, gift or lease. Therefore, at present, when most commercial houses are sold, developers and buyers will stipulate in the contract the garage and parking space specially used for parking cars, and stipulate that they will be owned exclusively or exclusively by the owners through renting, selling or giving away. In this case, it is not appropriate to assume that the garage and parking space are owned by the owner. Only parking spaces that occupy the owner's roads or other venues belong to the owner. It is reasonable to charge a certain parking fee even if the owner has a parking space. According to Article 54 of the Property Management Regulations, those who use the * * * parts and * * * facilities and equipment of the property to operate shall go through relevant procedures in accordance with the regulations after obtaining the consent of the relevant owners, owners' congress and property service enterprises. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress. ? Entrusted by the owners' congress or the owners' committee, the property management company has the right to manage and charge for parking or occupying the roads owned by the owners in public areas. The parking fee charged shall be distributed according to the agreement reached between the property company and the owners' meeting. In fact, the property company is not the main body of parking fees. According to China's Property Law, the owners' assembly or owners' committee is the right subject to decide the parking charges in residential quarters. The property company is only entrusted by the owners' meeting or the owners' committee to collect parking fees from the owners, and the legitimacy is beyond doubt. If the owners' committee cannot be elected due to objective reasons, the residents' committee where the property is located may act as the owners' committee. Therefore, the community neighborhood Committee is also the right subject to decide to charge the parking fee for the community. Price department: parking spaces in residential areas must be charged according to relevant standards, but it does not mean that they can be free. Fees must be approved by the municipal price department and implemented in accordance with relevant standards. The charging standard of parking fees is based on the provisions of Article 5 of the Measures for the Administration of Motor Vehicle Parking Service Charges. Motor vehicle parking service charges are priced in three forms: market-adjusted price, government-guided price and government pricing. Among them, the parking service charges such as outdoor or underground supporting parking lots in residential areas are subject to government guidance or government pricing.