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Is the residential road under the control of the traffic police?
Who owns the road in the community?
The public part of the community belongs to all the owners. Generally speaking, the underground parking lot will not be allocated to the owner, which belongs to the developer's own assets and the parking fee is reasonable. The above-ground parking lot is owned by the owner, not by a single owner. It is reasonable to charge the fee, but the fee should be owned by the owner. As for the property fee, there is no parking management fee and it cannot be confused with the property fee. However, whether it is parking on the ground or underground, the property company must go to the Traffic Management Bureau for parking-related procedures, otherwise it will be illegal to charge. Therefore, if a property company collects parking fees for residential roads, it should be included in the property maintenance fund or used for the maintenance and renewal of public facilities. Therefore, the industry Committee has the right to claim that the property company should return the parking fee, and the expenses incurred by the property company during the management period should be deducted.
Legal basis: Article 119th of the Road Traffic Safety Law of the People's Republic of China.
The meanings of the following terms in this Law:
(1) "Road" refers to highways, urban roads and places that are under the jurisdiction of units but allow social motor vehicles to pass, including squares, public parking lots and other places for the public to pass.
(2) "Vehicles" refer to motor vehicles and non-motor vehicles.
(3) "Motor vehicle" refers to a wheeled vehicle that is driven or towed by a power plant, travels on the road, and is used for carrying passengers or articles and carrying out special engineering operations.
(4) "Non-motor vehicles" refer to vehicles driven by human or animal power and running on the road, as well as motorized wheelchairs, electric bicycles and other vehicles for the disabled whose design maximum speed, no-load weight and overall dimensions meet the relevant national standards.
(5) "Traffic accident" refers to an incident that causes personal injury or property loss due to vehicle failure or accident on the road.
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