Does the property have the right to charge community parking fees?

Does the property have the right to charge community parking fees?

Whether the property has the right to collect parking fees in the community depends on local laws and regulations and the property management agreement of the community. Generally speaking, if the property management agreement of the community stipulates that the property can charge parking fees, then the property has the right to charge parking fees. If the residential property management agreement does not stipulate that the property can charge parking fees, then the property cannot charge parking fees.

In some areas, property can charge parking fees, but it needs to comply with relevant laws, regulations and rules. For example, in some cities, property parking fees need to be approved by relevant departments and charged according to the prescribed standards. In addition, in some residential areas, parking fees are charged to maintain public order and safety in residential areas, not for profit. Whether a property company has the right to collect parking fees in residential areas mainly depends on the following factors: the ownership of parking spaces, the policies and regulations of local governments and the stipulations of property service contracts.

I. Ownership of parking spaces

Private parking space: If the parking space is the private property of the owner, the property management company usually has no right to charge parking fees. After purchasing the parking space, the owner owns the property right and can freely use or rent it.

Public parking space: if the parking space belongs to the public area of the community, the property management company may have the right to charge parking fees. These expenses should be used for the maintenance and management of public facilities in the community, including parking spaces.

Second, local government policies and regulations

Local governments usually formulate relevant laws and policies to regulate property management behavior. In some areas, the government may stipulate that property companies have the right to charge community parking fees for the maintenance and management of public facilities.

Third, the agreement of the property service contract

The property service contract is a legal document between the owner and the property management company, and the rights and obligations of both parties should be clearly defined. If the contract stipulates that the property company has the right to collect parking fees, then the property company can collect them as agreed.

To sum up:

Whether a property company has the right to collect parking fees for residential areas mainly depends on the ownership of parking spaces, policies and regulations of local governments and the stipulations of property service contracts. If the parking space is the private property of the owner, the property company usually has no right to charge; If the parking space belongs to the public area of the community, the property management company may have the right to charge, but it must comply with the provisions of the local government and the stipulations of the property service contract.

Legal basis:

Article 74 of the Property Law of People's Republic of China (PRC) stipulates that the parking spaces and garages planned for parking cars within the building division shall 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.

Article 54 of the Regulations on Property Management stipulates that: those who use the parts and facilities of the property to operate 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.