Which department is in charge of the parking space in the community?

Disputes over parking spaces in residential areas can be handled directly by the people's courts. Because parking disputes in residential areas are essentially civil disputes, he usually has four ways to deal with them, namely, negotiation and mediation. Arbitration and prosecution is due to a civil dispute over parking spaces in residential areas. If both parties are unwilling to negotiate mediation, they can directly bring a lawsuit to the people's court.

Property companies are entrusted by all owners to manage residential properties, and it should be their responsibility to collect parking fees entrusted by all owners. Part of the parking fee collected is used as property management fees and taxes paid, and part of it is owned by all owners as income. In other words, although the increased parking spaces are shared by all owners, it does not mean that they are owned by each owner. Owners have the right to exercise parking spaces, which can also be reflected in the distribution of parking space income.

If parking is not paid, it may lead to two adverse consequences: first, parking space management loses its source of funds; Second, it infringes on the interests of other car-free owners, because car-free owners do not occupy parking spaces, but they are also the owners of parking spaces and should receive economic compensation.

Which department should I complain about the parking fee in the community?

1. It is illegal for the community to collect parking fees indiscriminately. You can directly report to the price bureau and ask for intervention in the investigation.

2. sue the court for rights protection.

3. Negotiate with the community to solve the problem. If negotiation fails, then complain to other departments. If you want to sue, you must first produce evidence that the property charges so much parking fees. It is neither reasonable nor feasible to say.

Is it reasonable to collect parking fees in the community?

Roads, green spaces, public facilities and property services in residential areas belong to the owners. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. Community public places belong to all owners, not property companies, and unauthorized property companies have no right to charge parking fees. Forcing charges is illegal.

In fact, there are many kinds of disputes about parking spaces in residential areas. If it is a residential parking fee, you can report it to the price bureau because it involves property. But if it is an ordinary dispute, it is a civil dispute. In civil disputes, the parties can directly appeal to protect their relevant rights and interests, so the appeal must be filed with the people's court.

At present, there are three kinds of ownership of underground parking spaces, and the owners of residential quarters must find out the ownership of parking spaces before buying them.

1, the owner shall share the construction cost.

If the area of underground parking space has been included in the pool area when buying a house, this kind of underground parking space can't do the title certificate, which belongs to all the owners of the community, and the developer has no right to sell it, let alone transfer it.

2. Independent construction by developers

The construction area of underground parking spaces is not shared. If the developer obtains the property right of the garage alone, the developer can sell the property right to the purchaser, but the underground garage can only be pre-sold to the pre-buyers of commercial housing in the community.

3. Underground air defense works

Some underground parking spaces belong to civil air defense projects, and the state imposes regulations prohibiting developers from selling them. According to Article 5 of People's Republic of China (PRC) Civil Air Defense Law: "Civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors." In contrast to this article, if the underground parking space belongs to the civil air defense project, that is, the investment of the developer has been automatically transferred to all owners with the transfer of the land use right, then the income from the garage reconstruction of the civil air defense project belongs to all owners.

Under normal circumstances, developers will not publish detailed information about the property rights of underground garages. Owners who wish to obtain relevant information may apply to the people's government for disclosure of government information in accordance with the Regulations on Disclosure of Government Information.

legal ground

civil law

Article 275

In the building division, the ownership of planned parking spaces and garages shall be agreed 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. Article 344 The owner of the right to use construction land shall have the right to possess, use and profit from the land owned by the state according to law, and shall have the right to use the land to build buildings, structures and ancillary facilities.

Article 345

The right to use construction land can be established on the surface, above ground or underground of the land.