Does the residential parking fee belong to the owner or the property management company?

Legal analysis: Parking spaces and their income in residential quarters are important matters for owners' management, and the owners' congress can decide the management and use of parking spaces and their income.

In 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.

If the parking space in the residential area is occupied by the public part of the residential area, the property service enterprise needs to obtain the consent of the owners' committee to collect fees, otherwise the property service enterprise has no right to collect fees. However, the parking fee of the residential area cannot exceed the maximum amount of property service fee stipulated by the local price department. The owner can obtain the developer's planning permit in the housing management, construction planning and other departments to judge whether the parking space in the disputed community belongs to the owner.

Whether the parking space in the community should be charged depends on whether the parking space is within the planning scope, and the ownership of the parking space and garage planned for parking in the building division belongs to the developer. Parking spaces occupying roads or other places shall be owned by the owners.

Legal basis: Article 275 of the Civil Code, 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.

Those who occupy the roads or other venues owned by the owner to park their cars shall be owned by the owner.