What is the legal relationship between the property company and the owner of the parking fee?

Forcing charges is illegal! Article 274 of the Civil Code of People's Republic of China (PRC) (202 1 1 came into force) stipulates that the roads within the building area shall be owned by the owners. Article 275 Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. According to the Civil Law of People's Republic of China (PRC), public places in residential areas belong to all owners, not property companies, and unauthorized property companies have no right to charge parking fees.

Is it reasonable for property companies to charge parking fees?

If the property has a parking permit, the law allows reasonable charging of parking fees. However, the Civil Code clearly stipulates that the parking lot in residential areas belongs to all owners, and the property management company should take it from the people and use it for the people after deducting management fees. If the property has a parking permit, the property service contract signed by the industry Committee and other people's property includes the management of the parking lot, and charges are allowed. Moreover, the parking fee should be deducted from the service fee of the property and cannot be taken away by the community. If the property wants to change the use of public areas, it must be approved by most owners. I guess the owners' committee agrees that the property can be parked. You know, the income of this fee, after deducting the management fee, all goes to the owner. Half of them are invested in special maintenance funds or subsidized in property fees, and some residential properties use this money to give red envelopes to owners at the end of the year.

1. The parking fees charged by the property are mainly used for: operating costs, remuneration and profits.

Second: if the parking space belongs to all owners; Then part of the profits from charging parking fees should be owned by all owners; (In practice, property companies often announce that parking fees are mainly used to make up for the lack of property management fees).

Third: Does the income from parking fees belong to all owners?

A netizen's point of view: "Ownership depends on ownership, agreement comes from agreement, and no agreement belongs to the owner." Correspondingly, if the developer holds the property right certificate, it belongs to the developer; If the developer has no property right certificate, it belongs to all owners; If the developer clearly agrees with all the owners that it belongs to the developer, it belongs to all the owners; Agree to belong to all owners, belong to all owners; If there is no clear agreement, it belongs to all owners.

Whether the parking spaces in the community belong to all owners depends on whether the parking spaces are spread into the public building area. If the parking area is not included in the total construction area, and it is an independent unit and does not belong to public space, it cannot be judged to belong to the owner. Therefore, the request of the industry Committee to confirm that the garage ownership belongs to the owner is unfounded and the court does not support it.

Some areas in the community (including roads and green belts, etc. ) belongs to the community owner. Whether parking in this public area is charged or not, the decision is made by all owners or community committees. How to use the parking fee charged is also decided by all owners. If all owners agree to entrust a property service company to collect parking fees, the owners shall pay them as agreed. It is advisable to use public places such as roads to park for owners and collect parking fees for daily maintenance of the community and the welfare of owners. However, after approval by the owners' meeting, it should be reported to the price department for the record, and the fee can be charged only after approval by the price department. If the residential parking fee has not been registered by the relevant departments, it is obviously illegal, and the owner can refuse to pay it.

According to legal treaties, we can see that parking fees charged by residential properties must be approved by the owners' meeting and reported to the price department for the record, and can only be charged after being audited by various departments. It is illegal to forcibly charge the property without the owner's knowledge.