Which department is in charge of the parking dispute in the community?

Parking disputes can be reported to the owners' committee first and settled through negotiation and mediation. If negotiation fails or there is no owners' committee in the community, you can complain to the local administrative department for industry and commerce, or you can choose to complain to the local tax department.

1. You can give feedback to the owners' committee and ask for a coordinated solution.

Generally speaking, parking fees are mainly charged by the property owners' committee. Therefore, once there is a conflict with the other party, you can directly seek feedback from the owners' Committee, which can quickly resolve the dispute.

2. If negotiation fails or there is no owners' committee, you can complain to the local price or the administrative department for industry and commerce.

For example, if the parking fee in the community is higher than the local price standard, you can complain to the price bureau; If some parking spaces in the community are not allowed to charge or collect fees at random, you can complain to the administrative department for industry and commerce.

3. In case of parking fee and tax dispute, you can complain to the local tax administration department.

I. Property rights of parking spaces in residential areas

(1) When selling residential houses, the parking lot is not allocated according to the public construction area, and the house ownership (commonly known as property right) of the parking lot should be owned by the developer. Developers have the right to sell to owners. At this time, the transfer contract of the right to use the parking space signed by the developer and the owner is legal and valid and should be protected by law.

(2) When the developer sells residential houses, the underground parking lot has been allocated to all residential owners according to the public construction area. Legally speaking, the property right of the parking lot should belong to all owners, and the developer has no right to sign an agreement with individual owners to transfer the right to use the parking lot, and the signed agreement should also be invalid. Residential owners need to purchase the right to use parking spaces, and shall sign a transfer agreement with the residential owners' committee or the property management company authorized by the owners' committee. In this case, only all the owners have the right to decide the right to use the parking spaces in the underground parking lot.

(3) The underground parking lot is rebuilt by civil air defense works. Although the area has not been allocated to all owners, developers have no right to sell it. Article 9 of the Rules for Calculation of Commercial Housing Sales Area and Allocation of Public Building Area stipulates that the basement as a civil air defense project is not included in the public building area. As can be seen from the above provisions, civil air defense parking spaces are exercised by the civil air defense management department on behalf of the state, and such parking spaces cannot apply for real estate licenses, and the ownership does not belong to developers or all owners.

Second, common parking disputes

(1) Disputes over the ownership of parking spaces and garages.

This kind of disputes should be the most, and the causes of disputes are very complicated. For example, the most common disputes caused by developers selling or renting parking spaces to third parties at high prices without meeting the needs of community owners; Another example is the dispute caused by the developer changing the roads or other places belonging to the community into parking spaces, but charging the owners parking fees. Another example is disputes caused by developers setting up various artificial obstacles for owners to buy parking spaces and enjoy parking services.

(2) Disputes arising from giving priority to meeting the needs of the owners.

(three) disputes between owners due to the ownership and use right of parking spaces and garages.

(4) Disputes over old parking spaces and garages.

3. How to bring a lawsuit to the court for disputes caused by parking spaces between owners?

(1) Prepare a civil lawsuit.

(2) Bring a lawsuit to a people's court with jurisdiction and submit relevant evidential materials.

(3) Attend and participate in litigation activities on time according to the notice of the people's court.

(4) Those who refuse to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried the case or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal.

In judicial practice, there are many types of parking disputes in residential quarters. For example, the parking spaces built by some developers may infringe on the legitimate rights and interests of the owners, or after the owners sign the parking space lease contract, there may be some disputes in the performance of the lease contract. The reasons for the dispute are different, and the competent departments are also different.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 275 The ownership of planned parking spaces and garages 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.

Article 276 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.