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Do residential properties have the right to charge parking fees?
1. Whether the residential property has the right to charge parking fees depends on the specific circumstances, as follows:
(1) An underground garage that occupies an area shared by all owners, such as an area shared by all owners, has no independent property rights, but the right to use the underground garage belongs to all owners;
(2) The underground garage independently built by the developer. If the developer buys land to build an underground garage separately, such an underground garage is a garage with property rights, and the property rights belong to the developer;
(3) Civil air defense garages, some underground garages belong to the Civil Air Defense Office, and the right to use the underground garages belongs to the developers.
2. Legal basis: Article 275 of the Civil Code of People's Republic of China (PRC).
Within the building division, the ownership of parking spaces and garages planned for parking cars shall be agreed upon 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 276
In the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.
2. What is the standard for the property to collect parking fees in the community?
1. The maximum charge for ground parking service in the property management area of residential quarters is 70 yuan per vehicle per month;
2. The owners of ordinary residential quarters have the property right or the right to use the garage or parking spaces in the garage, and charge according to the property service of ordinary residential quarters;
3 residential and non-residential mixed residential areas, residential owners in accordance with the residential property service fee standards, non-residential owners to implement market-adjusted prices.
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