Lu 'an Property Fee Collection Standard

The collection of property fees depends on the level of the property company, as well as the local per capita consumption level and market demand. There must be a complete statement when increasing fees, which can be checked according to the contract.

On the Ownership of Parking Revenue in Residential Areas

Abstract: Article 74 of Property Law stipulates the ownership of parking garage. The ownership of the parking space shall be agreed by the parties. If the agreement is not clear, the developer will continue to enjoy the ownership. Regarding the ownership of parking space income right, I think it should be judged according to the agreement and ownership. Combined with the provisions of Article 74 of the Property Law, the ownership of the right to income must also respect the autonomy of the parties, and if there is an agreement, it shall be followed; If there is no agreement, the judgment shall be made according to the ownership. Therefore, only when the agreed income belongs to the owner and the parking space has been sold or donated to the owner can the owner enjoy the income. If the developer reserves the ownership of the parking space, unless it is expressly agreed that the owner shall enjoy the benefits, the right to benefit shall be owned by the developer. If the agreement on parking space ownership and income is unclear, the developer will continue to have ownership and income rights. The unified management of developers can avoid the management confusion caused by the pursuit of maximizing their own interests among owners. What legislation should do is to balance the interests of both parties reasonably according to the actual situation, and we should not blindly emphasize the protection of the interests of owners and ignore the legitimate rights and interests of honest developers.

Keywords: parking space ownership; Income attribution; Ownership; Balance of interests

With the sustained and rapid economic growth in China, the living standards of residents, especially urban residents, have been greatly improved, and the number of private cars has also shown a rapid growth trend. The huge number of private cars and their rapid growth have not only improved the quality of life of residents, but also produced many negative effects, including negative effects on society and private car owners themselves, such as traveling, parking and refueling. These negative effects inevitably lead to contradictions and disputes, and the ownership of parking spaces and parking income in residential areas have always been a hot and focused issue of widespread concern in society. In 2007, the Property Law was promulgated and implemented. Article 74 of the law clearly stipulates the ownership of parking spaces in residential areas, which means that it provides a basis for solving disputes over parking spaces in residential areas. However, in recent years, the disputes about parking space ownership and parking revenue are still endless, and parking space disputes are increasing day by day. Therefore, it is necessary to continuously analyze and study the ownership system of parking spaces in residential areas. This paper mainly discusses the ownership and parking income of parking spaces.

Article 74 of the Property Law stipulates that the ownership of parking spaces and garages is as follows: "The ownership of parking spaces and garages planned for parking cars in a building division shall be agreed by the parties through buying, selling, giving or leasing, and the parking spaces used for parking cars in roads or other venues owned by the owners shall be owned by the owners." Specifically, the ownership of planned parking spaces, whether above ground or underground, is decided by the development and construction unit and the owner through an agreement, which can be based on the housing sales contract and temporary management regulations. Ground parking spaces occupy roads or other venues owned by the owners, and the ownership belongs to the owners, except the ground parking spaces that occupy urban roads or are planned for parking.

Regarding the ownership of parking space income right, I think it should be judged according to the agreement and ownership. Combined with the provisions of Article 74 of the Property Law, the ownership of the right to income must also respect the autonomy of the parties. Before the implementation of Property Law, due to the lack of corresponding legal provisions, it should be treated differently. If there is an agreement, it shall be in accordance with the agreement; If there is no agreement, it should be judged according to the property right nature of the community (housing reform, low-rent housing, affordable housing and commercial housing) and the division of the original building, and according to the principle of respecting history, rather than simply recognizing that it belongs to the owner. Therefore, only when the agreed income belongs to the owner and the parking space has been sold or donated to the owner can the owner enjoy the income. If the developer reserves the ownership of the parking space, unless it is expressly agreed that the owner shall enjoy the benefits, the right to benefit shall be owned by the developer. If the agreement on parking space ownership and income is unclear, the developer will continue to have ownership and income rights.

This paper analyzes the ownership of parking spaces stipulated in the Property Law. Property ownership is a right endowed by law, and the acquisition of property ownership mainly includes original acquisition and derivative acquisition. Obviously, after the developer completes the construction of parking spaces in the community, there is only the problem of original acquisition at this time, and there is no derivative acquisition. As the residential parking spaces are built by developers, developers naturally have the original ownership of residential parking spaces. This point can also be confirmed in the second paragraph of Article 74 of the Property Law: "The ownership of parking spaces and garages planned for parking cars within a building division shall be agreed by the parties through sale, gift or lease." As we all know, ownership refers to the right of property owners to possess, use, benefit and dispose of their own property. If you don't have ownership, the developer may not have the right to dispose of the parking space by selling, giving away or renting. It can be seen that the logical premise considered by legislators is that "the parking spaces and garages planned for parking cars in the building area" belong to the developers, and only when they belong to the developers can they agree with the owners on the ownership of the parking spaces and garages through "buying, selling, giving or leasing". Therefore, although Article 74 does not explicitly stipulate that developers have the original ownership of parking spaces in residential areas, it implies the recognition of the original ownership of developers, otherwise the provisions of Article 74 will become unfounded, without legal and factual basis, and the behavior of developers will also constitute unauthorized punishment.

The ground parking spaces occupying the roads or other venues used by the owners belong to the owners, which does not mean that each owner owns them alone. There are many communities that cannot guarantee that every owner has a ground parking space. In this case, after deducting management costs, tips and taxes, the residual income of parking owners belongs to all owners, which is also a balance of interests for owners without parking spaces. If the owner does not pay for parking on the ground, it may lead to two adverse consequences: first, the parking space management loses its source of funds; Second, it encroaches on the interests of other car owners, because car owners do not occupy parking spaces, and car owners occupy this part of public resources and should be compensated economically.

For the ground parking spaces and parking income that have no clear nature before the implementation of the Property Law, it is not appropriate to simply recover the old accounts, because the law is not retroactive; In addition, the existing ground parking charges in most residential areas are based on the policies of the price department and the agreement of the parking contract, which is easy to deny the effectiveness of the policies and contracts. At the same time, for some affordable housing and ordinary residential quarters, before the promulgation of the Property Law, the ground parking income has been included in the calculation of the total income of property fees and the determination of charging standards. After the implementation of the Property Law, it is beneficial to clarify the ownership of ground parking income. Based on Article 74 of the Property Law and Article 55 of the Regulations, I think there are three preconditions for the owners to claim the ground parking income: first, after June 65438+1 October12007, second, the ground parking spaces are clearly owned by the owners, and third, the parking fees charged by the operators.

To sum up, the ownership of residential parking income should be judged according to the agreement and ownership. The agreed income belongs to the owner, and if the parking space has been sold or donated to the owner, the owner shall enjoy the income. If the developer reserves the ownership of the parking space, unless it is expressly agreed that the owner shall enjoy the benefits, the right to benefit shall be owned by the developer. If the agreement on parking space ownership and income is unclear, the developer will continue to have ownership and income rights. On the ownership and use right of parking spaces, legislation should reasonably balance the interests of developers, owners and third parties according to the actual situation, and cannot ignore the interests of any party. On the issue of ownership and use right of parking spaces, we should first respect the autonomy of the parties. If the agreement is unclear, the developer should continue to enjoy the original ownership, and at the same time appropriately limit the original ownership of the developer. Legislation should not blindly advocate that owners have parking spaces and ignore the legitimate interests of honest developers.

References: 1, Property Law (adopted at the Fifth Session of the Tenth National People's Congress of People's Republic of China (PRC), promulgated by Decree No.62 of the President of the People's Republic of China on March 16, 2007, and implemented on June 10);

2. Regulations on Property Management (revised by the State Council Order [2007] No.504).

3. Civil Law (Second Edition) (edited by Long Yifei), Beijing: Renmin University of China Press, 2007.