Is the parking space for vehicles in the community legal?

Parking fees in residential areas are legal. But there are two situations:

The first type: the special parking spaces defined in the planning and design, including the exclusive parking spaces of the above-ground and underground garages. This part is the exclusive part of the property owner. According to the law, the property owner can dispose of it at will. The property owner is a developer and can charge according to the provisions of the price bureau.

The second type: temporary parking spaces in public areas. This kind is shared by all owners. Whether to charge or not and how much to charge are decided by all owners. This part of the "parking fee" of the "property enterprise" is actually the public revenue entrusted by the owners' committee. In addition to service charges (such as setting gates, marking lines, maintaining parking order, etc.). ) and a reasonable profit (the state stipulates that it should not exceed 5% of the total income), it should be owned by all owners.

This part of the income should be used for maintenance or community construction, but due to the lack of supervision of public income, this part is either used by property companies to subsidize the loss of property fees or occupied by owners' committees and properties.

Extended data:

Chapter VI of the Property Law:

Differentiated Ownership of Owners' Buildings Article 70: Owners shall have the ownership of exclusive parts such as houses and business premises in the building, and have the right to jointly manage the parts other than the exclusive parts.

Article 71 An owner shall have the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Seventy-second owners of the building outside the exclusive part of the * * * part, enjoy rights and obligations; Never give up your rights or fulfill your obligations. When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.

Article 73 Roads within a building division belong to the owner, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner.

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners. Within the building division, the ownership of parking spaces and garages planned for parking cars shall be agreed upon 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.

A residential planning is actually divided into three parts: 1. It all depends on the developer. 2. owned by the owner. 3. The owner * * * has. The part that belongs to the developer includes: the house that has not been sold to the owner, the exterior wall and roof that are owned by the developer through the contract; Proprietary parts of the owner include: purchased house, green land clearly owned by the owner through contract, name, etc. ; The parts belonging to the owner include: roads, green spaces, public facilities and property service rooms within the building division.

Therefore, if the parking space in the community is occupied by the public part of the community, the property service enterprise needs to obtain the consent of the owners' Committee before charging, otherwise the property service enterprise has no right to charge. However, the parking fee of the residential area cannot exceed the maximum amount of property service fee stipulated by the local price department.

The owner can obtain the developer's planning permit in the housing management, construction planning and other departments to judge whether the parking space in the disputed community belongs to the owner.

It can be said that whether the parking space in the community should be charged depends on whether the parking space is within the planning scope. Parking spaces and garages planned for parking within the building division shall be owned by the developer. Parking spaces occupying roads or other places shall be owned by the owners.

References:

Is the parking fee reasonable?