Is it legal to charge management fees for underground garages?

The realty service person shall provide the documents of entrusted charges when collecting the parking space management fee; Otherwise, charging is illegal. The main basis is as follows:

1. According to the provisions of Article 2 of the Price Law, this Law is applicable to price behaviors that occur in People's Republic of China (PRC). The prices mentioned in this Law include commodity prices and service prices. Commodity prices refer to the prices of various tangible products and intangible assets. Service price refers to the provisions on charges for various paid services; Parking management service fees (hereinafter referred to as parking service fees) shall be standardized in order to apply the provisions of relevant laws and administrative regulations. According to the provisions of Article 10 of the Price Law, the operator shall improve the internal price management system, accurately record and verify the service cost, and shall not resort to deceit.

2. Article 2 of the Provisions on Clearly Marking the Price of Property Service Charges stipulates that "property management enterprises shall clearly mark the price in accordance with these Provisions to provide services to the owners (including providing property services as agreed in the property service contract and providing services other than those agreed in the property service contract), indicating relevant information such as service items and charging standards"; Article 6 stipulates that "the clearly marked price of property service charges includes: the name of the property management enterprise, the charging object, service content, service standard, charging method, charging start time, charging items, charging standard, price management form, charging basis, price reporting telephone number 12358, etc. Property service charges that implement government-guided prices should also indicate the benchmark charges, floating range and actual charges. "

3. Parking service charges in residential areas shall be subject to the provisions of Article 43 of the Property Management Regulations and Article 9 of the Provisions on Clearly Marking Property Service Charges, which stipulates that "the charging standards for services provided by property management enterprises according to the property service contracts entrusted by the owners shall be clearly stated to the owners in an appropriate way after mutual consent". However, the parking service fee in the residential area is quite special, and its service cost and service fee have been included in the property service fee, which shall be borne by all owners.

4. It is necessary to solve the practical problem of how to share the investment in the parking spaces and garages of residential quarters owned by the owners. It is necessary to follow the provisions of Article 275 of the Civil Code that "it shall be agreed by the parties through sale, gift, lease, etc.", and the use of the owner's shared parking space shall be jointly decided by the owners, and the way of separation of ownership and use right shall be adopted. Entrust the property service person to obtain the right to use the parking space for compensation, so that all owners can enjoy the benefits. Before the establishment of the owners' congress, the owners' income shall be mainly used to supplement the special maintenance funds according to the provisions of Article 54 of the Property Management Regulations, so as to compensate all owners for their contributions; After the establishment of the owners' congress, it can be used to compensate all owners for property service fees according to the decision of the owners' congress.

5. According to Article 6 of the Property Management Regulations, in the property management activities, the owner has the right to know and supervise the use of * * * parts, * * facilities and related sites of the property. Article 9 of the Measures for Undertaking Inspection of Property stipulates that "the construction unit shall hand over the property with clear ownership, complete information, qualified quality, complete functions and complete facilities in accordance with the relevant provisions of the state and the property sales contract"; And the detailed items of facilities enjoyed by the owner according to law in Article 16, including parking facilities and civil air defense facilities. According to the above provisions, in view of the dispute over the ownership and use right of parking spaces in residential areas sold or leased by construction units or property service enterprises without authorization, the owners have the right to require evidence to prove the ownership of parking spaces (garages) and civil air defense facilities in residential areas, including the ownership of so-called civil air defense parking spaces and ground parking spaces.

For related issues, please refer to the articles "Who owns the parking spaces and garages planned for parking cars in residential areas" and "Enjoy the benefits of parking spaces according to national regulations".

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