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Does the property have the right not to let the car in or out without paying the parking fee?
The ownership of the parking spaces and garages planned for parking cars within the building zoning shall be agreed upon by the parties through the ways of 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. Roads, green spaces and other public places, public facilities and property services in residential areas belong to the owners.
Whether parking lots in residential areas are charged or not shall be decided by the owners' committee. Property companies shall not unilaterally charge fees.
Parking takes up a certain area of land, so you need to pay the corresponding land use fee. 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.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.
Article 276 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.
Article 275 The ownership of planned parking spaces and garages within a building division 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.
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