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Fuzhou: Is it reasonable to charge community parking fees?
Regarding the legality of charging "parking fee", many property companies believe that this fee is approved by the competent price department of Fuzhou and there is a set of charging standards. The "parking management fee" mentioned in the "Notice on the Implementation Document" of Fuzhou Municipal Price Committee has the parking lot pricing standard in the property management area, which stipulates the charging standards for all kinds of cars and motorcycles in the parking lot. This document is the basis for property companies to charge "parking fees". However, this document does not specify the meaning of charges. A staff member of Fuzhou Property Management Association confirmed that most property companies collect "parking fees" in the community according to this document. A lawyer believes that parking cars occupies a certain area of land and needs to pay the corresponding land use fees. At the same time, the parking lot often needs professional management to ensure the safety of parked cars, and forms a custody contract relationship with the owner, who needs to pay the custody fee. The part of the land use fee in the parking fee should be paid to the landowner, that is, the person or unit who enjoys the land use right of the parking lot. The storage fee in the parking fee shall be paid to the individual or unit that keeps the parked vehicle. However, the residential property neither provides venues nor vehicle storage services, so it is very unreasonable to charge extra parking fees. A judge in Fuzhou thinks that the "parking fee" in the community is unreasonable. He said: "The land use right of community public facilities belongs to all owners, so the property company has no right to charge parking fees in the name of land use fees. "There is no contractual relationship between the property company and the owner to keep the vehicle. He said: "According to the contract law, the custody contract can only be established after both parties reach an agreement through consultation, and it will take effect after the deposit is paid. But if the owner doesn't ask to keep his car, the custody contract can't be established.
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