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Is it legal to charge temporary parking fees for residential properties? Is there a standard?
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; It should be abbreviated as "parking service fee" in order to apply the provisions of relevant laws and administrative regulations. In accordance with the provisions of Article 10, operators shall improve the internal price management system, accurately record and verify the service costs, and shall not resort to deceit.
2. 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 is shared by all owners according to the building area. Therefore, the community parking service fee should be used to compensate the owners.
3. In order to solve the practical problem of how to share the investment in parking spaces and garages in residential quarters jointly owned by the owners, it is necessary to follow Article 275 of the Civil Law, "the parties agree through buying, selling, giving and leasing", and the owners * * * jointly decide the use of parking spaces and adopt the way of separating ownership and use rights. Matters related to the use of parking spaces decided by the owners' congress shall be publicized and incorporated into the management statute.
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