Property parking fee

Property needs to investigate the nature of parking fees when collecting parking fees. There are two kinds of parking fees in residential areas, one is land use fee and the other is management fee. The legal provisions of these two different crimes are also different, and they can actually be charged. Let Bian Xiao bring you information about whether the property has the right to charge parking fees in the community. If you want to know more about whether the property has the right to charge parking fees for the community, let's take a look.

1. Does the property have the right to charge parking fees for the community?

Does the property have the right to charge community parking fees? Need to examine the nature of parking fees. There are two kinds of parking fees in residential areas, one is land use fee and the other is management fee. The charging basis and charging subject of the two fees are different.

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.

According to Articles 366 and 366 of the Contract Law, it is a contract if 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. Based on the above analysis of the ownership of parking spaces in the community, Bian Xiao 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.

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

Second, the parking fee management department

Because the demand for parking resources is far greater than the supply, the management system of parking fees is dominated by the government, and the market regulation ability is limited. The Beijing Municipal Government has successively promulgated the Measures for the Administration of Motor Vehicle Parking Lot in Beijing (Order No.75 of Beijing Municipal People's Government), the Notice on Strengthening the Administration of Motor Vehicle Parking Lot in this Municipality (Zheng Jing Guan Zi [2002] No.341) and the Notice on Adjusting the Charge Standard of Motor Vehicle Parking Lot in this Municipality (J.J. Zi [2002] No. And "Notice on the Implementation of Clearly Marked Provisions for Goods and Services in Beijing" (for Trial Implementation) (No.955 of Beijing Development and Reform Price [2009]) and other documents. The departments involved in management include public security traffic, urban management, industry and commerce and other departments.

Third, thinking about parking charge management.

With the rapid development of economy and society and the improvement of people's living standards, the number of motor vehicles in China has increased sharply, which has caused serious external negative effects: traffic congestion and exhaust pollution, the latter being the main cause of accidents. These problems not only affect the economic efficiency and sustainable development of urban production and life, but also seriously affect the welfare level and life safety of urban residents. The effective governance of urban traffic depends on the relative balance of traffic supply and demand. Therefore, on the one hand, the solution is to speed up the construction of transportation infrastructure (including improving the corresponding technology and intelligence level, etc.). ), on the other hand, it is necessary to strengthen the management and control of traffic demand and curb the excessive growth of traffic demand.

According to the famous Downs theorem in traffic economics: "If the government does not effectively control urban traffic, new road facilities will induce new traffic, so traffic demand will always exceed traffic supply." The method of relieving traffic demand by increasing the supply of traffic resources has limited effect. With the increase of traffic volume, traffic demand management has become the focus of governance that should be highly valued. Urban managers manage traffic demand through common "limited" thinking, such as number limit and traffic restriction, which is not only suspected of infringing on private property rights, but also these measures only superficially suppress and cover up real demand, take temporary measures instead of permanent cure, and have obvious short-term effects. Once limited, the real demand will not be blocked, but soon the real demand will be released through consumers buying more vehicles, resulting in new and more serious congestion. The growing demand for vehicles and the limited capacity of urban traffic resources have produced more and more acute contradictions, and the traditional public governance thinking is powerless or ineffective in solving this contradiction.

Economics studies the optimal allocation of resources under scarce conditions. From an economic point of view, the use of the complete complementary relationship between vehicles and parking spaces, the price mechanism of parking fees and the linkage effect between parking fees and vehicle costs will affect the cost of keeping and traveling vehicles by consumers, thus affecting consumers' willingness to buy cars and travel, and affecting their choice of travel modes, thus effectively controlling the growth and use of vehicles. Promoting the optimal allocation of urban roads, parking spaces and other traffic resources is an effective way to solve this contradiction and fundamentally solve the increasingly serious "congestion" in cities.

Now it is a legal society, and many things closely related to life are inseparable from the law, so we should know some legal knowledge. The existence of law can help us to deal with some things around us better. If you have any other knowledge you want to know, you are welcome to consult a lawyer.