Rights and obligations of community owners which parking spaces are legally charged?

Everyone who has bought a house knows that the community has property management and collects property fees every month. It is impossible to manage the whole community only by a few staff members of the property, and it needs the cooperation of the community owners. What are the rights and obligations of community owners? The following small series introduces it in detail for everyone, hoping to help everyone.

1. What are the rights and obligations of community owners?

(A) the obligations of the owners

1. When using, transferring and managing self-owned properties, the laws and policies on property management shall be observed; ：

2. Implement and obey the resolutions and decisions of the owners' management committee or owners' congress;

3, consciously maintain the public * * * area clean, beautiful, smooth and public equipment in good condition;

4. Pay the property management service fee, house maintenance fund and other expenses according to the regulations;

5. If the owner needs interior decoration, he must abide by the management regulations of this property decoration, fill in the application form, submit it to the property management company for examination and approval, and then pay the decoration deposit to the property management company before the construction can be carried out according to the regulations. After completion, the property management company will carry out inspection. If there are no violations, violations or obstacles to the normal use of the property by others (such as seepage, leakage, blockage, leakage, etc.). ), the deposit will be refunded, otherwise it will be deducted in violation of regulations and rectified within a time limit; In the case of unified garbage removal and painting stairs, the garbage removal fee and painting fee should also be paid at the same time; Such as adding public facilities (such as elevators, power supply expansion, etc.). ) is used, it shall also bear the corresponding compensation expenses.

6. If the owner requires the property management company to repair and maintain its own parts, facilities and equipment, adjacent parts and facilities and equipment, it shall pay relevant fees;

7. Understand and promise that when establishing legal relationship with other non-owner users to legally use, maintain and transform the owned property, they shall inform and require the other party to abide by the relevant provisions of this property management and this owner's convention, and bear joint liability;

8. Understand and promise that there is no personal, property custody or insurance relationship between the owners and non-owners of the property and the property management company (unless otherwise agreed in the special contract);

9, within the scope of this property, shall not have the following acts:

(1) Changing the structure and appearance of the building and its facilities and equipment (including external walls) without authorization. Colors, shapes and specifications of external doors, windows, balconies and other facilities. ), design purpose, function and layout, etc. ;

(two) illegal chisel, demolition, erection, construction of housing load-bearing walls, beams, columns, slabs, balconies;

(3) occupying or damaging stairs, passages, roofs, platforms, roads, parking lots, bicycle houses (sheds) and other public places, facilities and public places (places);

(four) unauthorized damage, demolition, transformation of power supply, water supply, gas supply, communications, drainage, sewage, fire and other public facilities;

(5) It is not allowed to pile up articles, discard garbage and throw articles at high altitude;

(6) storing inflammable, explosive, toxic and radioactive articles in violation of regulations, discharging toxic, harmful and dangerous substances, and raising poultry and pets; .

(seven) trample, occupy green space, damage, graffiti landscape architecture sketch;

(8) Luanda, Luantie, Luanhang, and set up billboards that affect the objective appearance of the city or the appearance of the property;

(nine) parking vehicles and honking horns at will, resulting in noise exceeding the prescribed standards;

(10) using houses to endanger public interests or other immoral behaviors;

(1 1) Other acts prohibited by laws, regulations and government regulations.

(2) the owner's rights

1. Enjoy all the rights of the owned property according to law;

2. The right to reasonably use public facilities, public parts, public facilities and public places (places) in the property according to law;

3. Have the right to carry out interior decoration according to relevant regulations;

4. Have the right to personally or hire others to legally repair all pipelines, wires, water tanks and other facilities in the occupied parts of the property, except that the construction must be carried out by professional departments or institutions as stipulated by laws and regulations;

5. Have the right to suggest that the property management company timely organize maintenance according to the conditions of the same building, facilities and municipal public facilities within the scope of property management;

6. Have the right to attend the owners' meeting and enjoy the rights to this property. The right to vote in major management decisions;

7, have the right to property management related matters to the owners management committee, property management company to ask questions, and get a reply;

8. Have the right to require the owners' management committee and the property management company to publish the property management revenue and expenditure accounts regularly within the prescribed time limit;

9. Have the right to put forward suggestions, opinions or criticisms on property management.

10, have the right to complain to the property management department or put forward opinions and suggestions;

1 1. has the right to require other maintenance persons in the adjacent parts of the building to undertake maintenance responsibilities. If the other party fails to maintain or cooperate, it may request the owners' management committee or the property management company to carry out compulsory maintenance and share the expenses according to the regulations.

Second, is the community parking fee legal?

1. The property management company has no right to charge parking fees. Because each parking space belongs to the owner who bought or accepted the gift at this time, the public part of the parking lot belongs to all the owners who own the parking space.

2. After being authorized by the construction unit, the property company can charge the parking fee from the owner instead of the construction unit, but the parking fee standard at this time is not determined by the property, and it is specifically agreed by the owner and the construction unit in the contract. It can also be said that the property has no right to ask for community parking fees at this time.

3. The ownership of the parking lot belongs to all owners, and the use and charging standards of the parking lot are agreed by the owners' congress in the management statute.

At the same time, China's "Property Law" stipulates that the main body of rights to decide parking fees in residential areas is the owners' assembly or owners' committee. Property companies are only entrusted by the owners' assembly or owners' committee to collect parking fees from owners. If the owners' committee cannot be elected due to objective reasons, the residents' committee where the property is located may act as the owners' committee. Therefore, the community neighborhood Committee is also the right subject to decide to charge the parking fee for the community.

Third, is the property company responsible for the theft of the community?

Article 36 of China's "Property Management Regulations" stipulates that property management enterprises shall provide corresponding services in accordance with the provisions of the property service contract. If the property management enterprise fails to perform the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

According to this regulation, it is the key to judge whether the safety measures of property management companies meet the professional requirements. As mentioned above, the responsibility of personal and property safety protection undertaken by property management companies should be limited. Therefore, as long as the managers of the property management company fulfill their normal safety care obligations and there is no dereliction of duty, the property stolen from the owner's home cannot be required to bear the liability for compensation. If the property management company has obvious dereliction of duty, and there is a causal relationship between this dereliction of duty and the theft of the owner's home, the property management company is likely to bear certain liability for compensation. To judge whether the property management company has fulfilled its normal security obligations and whether there is dereliction of duty, it is necessary to make a comprehensive judgment according to specific cases according to the rules such as the property management service contract, the owners' convention and the household handbook signed by the owners or the owners' committee and the property management company. If the property of the owner's home is stolen, the management personnel of the property management company neglect to perform their duties, fail to register the visitors, the surveillance video is not recorded, and the doorman does not find it, which shows that the property management company has not fulfilled its responsibilities in civil air defense and technical defense, so the stolen owner can claim rights from the property management company and ask the property management company to bear certain economic losses.