Relevant laws of parking spaces in residential areas

According to Article 73 of the Property Law, roads, green spaces, public facilities and property services in residential areas belong to the owners. Article 74 stipulates that parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. It can be seen that the legal basis for collecting land use fees is the Property Law, and the charging subject is the owner. Car owners can collect land use fees because vehicles occupy land.

Management fees are charged in accordance with the Contract Law and the Regulations on Property Management promulgated by the State Council. According to the provisions of Articles 365 and 366 of the Contract Law, a custody contract is a contract in which the custodian keeps the deposit delivered by the depositor and returns it. The depositor shall pay the safekeeping fee to the custodian in accordance with the agreement. Article 54 of the Property Management Regulations stipulates that those who use * * * parts and * * * facilities and equipment of the property for business operation shall go through relevant formalities in accordance with the regulations after obtaining the consent of relevant owners, owners' congress and property management enterprises. Therefore, after obtaining the consent of the owner, the property can be operated by using the land in the community. What the owner gives to the property is actually the vehicle storage fee.

Summarized as follows:

1. In the first case, the property management company has no right to charge parking fees. Because each parking space belongs to the owner who bought or accepted the gift at this time, the public part of the parking lot belongs to all the owners who own the parking space.

2. In the second case, after the authorization of the construction unit, the property company can charge the parking fee from the owner instead of the construction unit, but the parking fee standard at this time is not determined by the property, and it is specifically agreed by the owner and the construction unit in the contract. It can also be said that the property has no right to ask for community parking fees at this time.

3. In the third case, the ownership of the parking lot belongs to all owners, and the use and charging standards of the parking lot are agreed by the owners' congress in the management statute.

At the same time, China's "Property Law" stipulates that the main body of rights to decide parking fees in residential areas is the owners' assembly or owners' committee. Property companies are only entrusted by the owners' assembly or owners' committee to collect parking fees from owners. If the owners' committee cannot be elected due to objective reasons, the residents' committee where the property is located may act as the owners' committee. Therefore, the community neighborhood Committee is also the right subject to decide to charge the parking fee for the community.

Therefore, if a certain standard parking fee is agreed to be charged through the resolution of the owners' meeting, then the income from parking fee should be owned by all owners, rather than the property company spending it at will. In practice, part of the parking fee is used as property management cost and tax payment, and the other part is owned by all owners as income.

The latest parking fee standard in residential area

According to the National Development and Reform Commission's Notice on Liberalizing Some Service Prices, China has opened the parking price of residential quarters. Previously, community parking fees generally had government-guided prices. As soon as the notice came out, it changed the model of parking fees in residential areas set by the government, which led to the farce of skyrocketing parking fees nationwide. In the face of repeated increases in parking fees by property companies, how should community owners protect their rights?

Some owners think they should look for the price bureau. The price bureau will definitely answer you. This is within the scope of price liberalization, so it will not be accepted. Some owners also think that they should find the Housing Authority, and the Housing Authority will generally answer you. This is an operation pricing behavior, please find the price bureau. Maybe some owners can find the transportation bureau, and the parking Committee will tell you that they don't care about parking in the community.