Who owns the ground parking fee income of the community?

Legal analysis: 1, the parking fee charged by the property is mainly used for: operating costs, remuneration and profits;

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

3. Whether the parking fee income 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. After the promulgation of the Property Law, the parking fees on the ground cannot simply belong to the owners, especially the policy residential quarters such as affordable housing. The direct income belongs to the owner, which does not conform to the principle of quality and price, and the property company cannot make ends meet.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 271 The owner shall have the ownership of the exclusive parts of the building, such as residence and business premises, and the right to jointly manage the * * * parts other than the exclusive parts.

Article 272 The owner has 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.

property management regulations

Twenty-seventh owners shall not dispose of the ownership or use right of the * * * parts and * * * facilities and equipment of the property according to law.

Fifty-fourth the use of property * * * with parts, * * with facilities and equipment for business, should obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures. The proceeds should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' meeting.