How to refuse to pay parking fees in residential areas

At present, residential parking fees in first-tier cities in China are basically government-guided prices. For example, Beijing stipulates that the maximum monthly fee for outdoor parking lots in residential areas should not exceed 150 yuan; The charging standard of motor vehicle parking service in Shenzhen residential parking lot is cars per month 1 10 yuan; The price in Guangzhou is slightly higher, with the highest monthly rent in 500 yuan for the first category and 400 yuan for the second and third categories.

Do community owners have the right to refuse to pay parking fees? How to share the parking fees charged by the property? Property management legal experts and Bao Hua lawyers will answer the above questions for you.

Do community owners have the right to refuse to pay parking fees?

The author of the article "Residential property has no right to charge parking fees" thinks that Article 73 of the Property Law stipulates that roads, green spaces, public facilities and property service rooms in residential areas are owned by the owners. Paragraph 3 of Article 74 stipulates that parking spaces that occupy roads or other places owned by the owner for parking cars shall be owned by the owner.

Accordingly, the author thinks that the public places in the community belong to the property owned by all owners, not the property company, and the property company has no right to charge parking fees without approval, so it is illegal to charge them forcibly!

Does the residential property have the right to collect parking fees from the owners of the residential area?

On this issue, Bao Hua, a member of the Property Management Legal Affairs Committee of Beijing Lawyers Association and a lawyer of Beijing Lantai Law Firm, believes that the view of the article "Residential property has no right to charge parking fees" is biased.

According to Article 73 of the Property Law, roads, green spaces, public facilities and property services in residential areas belong to the owners.

This means that when calculating the plot ratio of the community, the above facilities in the community have been included in the total land area of the community, and their land use rights have been owned by all owners.

Article 55 of the Property Management Regulations stipulates that those who use * * * parts of the property and * * * facilities and equipment for business operations shall go through relevant procedures in accordance with the regulations after obtaining the consent of relevant owners, owners' congress and property management enterprises.

Therefore, the property management company can only use the land of the residential area for business and collect parking fees after obtaining the consent of all the owners and going through the examination and approval procedures in accordance with the provisions of the relevant legal departments.

Lawyer Bao Hua believes that the land use right of parking spaces in residential areas has been owned by all owners, not individual owners. For example, China Railway Corporation is an enterprise owned by the whole people, and its property belongs to the whole people. However, you can't take the train without buying a ticket on the grounds that I am a citizen of China.

Therefore, whether the community owners pay parking fees needs to be considered and voted by the owners' meeting. As long as it is voted by the owners' meeting, it is legal to authorize the property company to collect parking fees for the community.

How to share the parking fee?

Community owners need to pay parking fees, and new problems have emerged. After the property company collects the parking fee, how should it be distributed?

Article 55 of the Property Management Regulations stipulates: "The income earned by the owners shall be mainly used to supplement the special maintenance funds, and may also be used according to the decision of the owners' meeting. "

But in real life, parking fees are generally occupied by property, and owners simply don't know how to allocate and use them. This is also one of the reasons why owners have been criticized for charging parking fees for their properties.

Lawyer Bao Hua believes that the allocation and use of parking fees need to be deliberated and voted by the owners' meeting. After deducting the reasonable expenses of the property management company as the manager, the rest belongs to all owners.

From a fair point of view, the owners of small buildings will not all have cars. It is obviously unfair for car owners and car owners without cars to undertake the maintenance of public facilities. Appropriate subsidies can be provided to car owners who do not have cars.

If the property company does not pay the parking fee to the owners' meeting, the members of the community owners can sue the property company on behalf of all the owners of the community.

In judicial practice, there have also been cases in which the owner won the case. Shanghai Tianding Garden Owners' Committee v. Shanghai Saffron Property Development Company (service contract dispute case), Shanghai Jing 'an District Court finally ruled that Shanghai Saffron Property Development Company returned the ground parking fee to Shanghai Haitian Ding Garden Owners' Committee.

If the vehicle is damaged during parking, the responsibility of the property management company shall be determined according to the parking service contract. If there is no contract between the two parties, it needs to be determined according to the service responsibility of the property company in the property service contract. In addition, under normal circumstances, commercial insurance will be applied in the operation of parking spaces in residential areas to protect the property rights and interests of car owners.