Does the property have the right to charge parking fees?

Question 1: Does the property management company have the right to charge parking fees? I think so, too. Some residential areas invite property management companies to manage them. Property management includes parking management, so it is understandable that they manage parking spaces.

Our community bought a parking space at home. If we don't have them, we must pay the parking fee. It costs a lot of money a day. It is emphasized that there is a parking fee invoice, so this is the income they give to the property company and they have to pay taxes. ...

Because their income can be disposed of by themselves after deducting taxes and fees, it can be used to improve public facilities or distribute employee benefits.

Question 2: Should property management reasonably charge owners parking fees?

Question 3: Does the property have the right to charge parking fees? First look at the ownership of parking spaces. If it belongs to the developer, then the property is only escrow. If it is all owners, it is supporting (see if there is an agreement on parking spaces in the original purchase contract); After the property right is confirmed, the property charges parking fees, which should strictly be the maintenance and management service fees of the parking lot, including cleaning, lighting and order maintenance. This part of the income is also used for the daily maintenance of the parking lot, which should be agreed in the property service contract.

Question 4: Can the property charge parking fees? 150 if the property charges parking fees, it is necessary to declare the charging license to the local price management department.

You can check whether the property has a charging permit first.

Question 5: Should the property parking fee be paid? 10, parking fee nature

In fact, no matter what kind of parking fee, there are basically only two attributes: one is land use fee; One is the storage fee;

Parking takes up a certain land area, so you need to pay the corresponding land use fee. At the same time, the parking lot often needs professional management to ensure the safety of parked vehicles, and forms a custody contract relationship with the owner, who needs to pay the custody fee.

The part of the land use fee in the parking fee should be paid to the owner of the land, that is, the person or unit who enjoys the land use right of the parking lot, which is the performance of his beneficial right to the land. The storage fee in the parking fee should be paid to the person or unit that keeps the parked vehicle, which is the consideration for providing storage service.

Although these two kinds of income appear in the name of parking fees, they are actually based on different reasons. To find out the parking fee of the community, we must first distinguish who enjoys the land use right and who provides car service. Knowing this difference, we can figure out the ownership and distribution of parking fees, otherwise it will only be a paste.

Second, the land use right of residential parking lot

Before the sale of residential houses, developers enjoy the right to use land. After the house is sold, the land use right should be enjoyed by all owners, not developers. Some developers deliberately confuse the concept, saying that only the land occupied by the house has been transferred to the owner, but the parking lot is still owned by the developer. In addition, the relevant property laws and regulations, real estate laws and regulations are not perfect, so most owners can't say clearly.

In fact, this is not who has the final say, but depends on whether the owners of the community have paid the corresponding transfer price.

Take Beijing as an example, Beijing is really an inch of land-the land transfer fee is not calculated according to the land area, but according to the real estate construction area. The house has not been built yet, and there is already a land cost of more than 0/000 yuan per square meter of house/kloc. The so-called land cost is not the cost of land occupied by this building or that building, but the cost of land in the whole planned construction area. In other words, the total land cost of a residential area has been allocated to every square meter of the house built.

In other parts of China, the transfer fee is calculated according to the land area. The reason is the same. When the developer sells, he takes the whole land acquisition cost as the cost of the real estate, and will never only include the land occupied by the building itself in the cost, because the developer would have lost money.

Therefore, no matter where, the owner pays the purchase price, but also pays the transfer cost of the whole plot. Therefore, the right to use residential land was transferred to all owners.

This is the basic principle of property law. Just because China has not yet promulgated the property law, some developers fish in troubled waters, some say that I only sell houses but not land, and some require that the ownership of residential land, the right to use external walls and the right to use advertising space be reserved for developers in the house sales contract. The purpose is very simple, that is, to secretly sell these properties to the owners, and then sell them publicly or rent them out-and then make money. The violence of real estate profiteering and the darkness of shady scenes can be seen.

Due to the lack of legal provisions, at present, when examining and approving the parking lot, no matter how many and how long the owners of the community stay, the * * department still takes the developer as the property owner, the land use certificate of the developer as the property right certificate of the site, and the power of attorney of the developer as the business certificate entrusted by the property owner. Generally, with these materials, you can go through the examination and approval procedures for parking lots. And the real property owners-all the owners of the community, often neither know nor control. This reality is undoubtedly a violation of the interests of the whole industry.

Third, the income distribution of parking fees.

Confirm that the land use right of the residential area belongs to all the owners, and you should confirm that the income of the land use right also belongs to the owners. Parking fee is a kind of land income, should it be owned by all owners?

Or take Beijing as an example. The Beijing Standard of Property Management Service for Ordinary Residential Quarters stipulates that residents should pay parking fees to the property management company according to the standards of 2 10 yuan per month for big cars and 2 150 yuan per month for small cars when storing motor vehicles. If an owner lives in an ordinary community and his house is less than 100 square meter, then his monthly parking fee is even more than the property management fee. The ground parking operation has almost no cost, and the parking fee is profitable. Therefore, as long as the property management company can handle the examination and approval procedures for parking lot operation, it is waiting to make a fortune.

Questions about the owners, ... >>

Question 6: What right does the property have to collect parking fees? Yes, but it needs the consent of the owners' meeting.

According to Article 55 of the Property Management Regulations, those who use the * * * parts and * * * facilities and equipment of the property for business operation shall go through the 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.

Question 7: Does the property management company have the right to charge parking fees for the community? The first thing to look at is how much the property fee is. If the management fee is low, it can be understood as the increased personnel cost of the property for parking, and this fee can be charged.

It is illegal to charge the parking fee after the property is marked. According to the Property Law, the public areas in the community belong to all households, and the property management company has no right to charge other fees except the necessary management fees.

Question 8: Do residential properties have the right to charge parking fees? I am a property manager. Now I will give you a few points from a neutral point of view, hoping to help you; 1. You need to find out whether there is such a parking fee clause in the previous property service agreement. If there is such a rule, it must be observed. If not, is the property charge for vehicle parking spaces agreed by the owner? Generally speaking, the property is a vehicle care fee rather than a parking fee (there are also parking fees). There are generally two purposes for property to charge parking fees: first, it is profitable to make up for the lack of property fees and other expenses through parking fees; The second is to facilitate the management of vehicles in the community and maintain public order in the community. Personally, I think we can organize some owners' representatives and property representatives to coordinate whether parking fees can be replaced by custody fees, which are responsible for the custody of vehicles. If the money paid by the owner is not paid in vain, the parking fee will not be responsible for these.

Question 9: Is there a legal basis for owners to collect parking fees? Generally speaking, parking lots are mainly above ground and underground. Underground parking lots are generally not allocated to owners and belong to developers' own assets, so it is reasonable to charge parking fees. The above-ground parking lot is owned by the owner, not by a single owner. It is reasonable to charge the fee, but the fee should be owned by the owner. The public part of the residential area belongs to all the owners. Therefore, the parking fees charged by property management companies should be included in the property maintenance fund or used for the maintenance and renewal of public facilities. Therefore, the industry Committee has the right to advocate that the property company return the parking fee. Of course, the expenses incurred by the property management company during the management period should be deducted.

Article 70 of the Property Law, the owner shall have the ownership of the exclusive parts of the building such as the business premises, and the condominium of the * * * parts other than the exclusive parts.

Seventy-second owners of the building outside the exclusive part of the * * * part, enjoy rights and obligations; Never give up your rights or fulfill your obligations.

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the 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 or other venues owned by the owner for parking cars shall be owned by the owner.

Please refer to: Is it reasonable for the property to unilaterally collect parking fees 05511fc/4/141.

Question 10: Is the property management of roads outside the residential area entitled to collect parking fees? The peripheral roads do not belong to the management scope of the community, and the property has no right to protect your car. According to the regulations of residential construction, public roads of 5- 10 meters should be reserved around the building, and public roads belong to public places. This may punish the traffic police for parking illegally, but it is not the property that collects money for parking.

I hope I can help. Nowadays, people wearing camouflage uniforms are more overbearing, so peace is the most important thing, and this society can't afford to be hurt.