Job Recruitment Website - Property management company - Regarding the new regulations on parking spaces in residential areas, who is in charge of parking spaces in old residential areas, and parking charges in old residential areas are illegal.
Regarding the new regulations on parking spaces in residential areas, who is in charge of parking spaces in old residential areas, and parking charges in old residential areas are illegal.
I believe many people are not clear about the new regulations for parking spaces in residential areas. According to the Civil Code (implemented from 202 1 1), parking spaces in future residential areas are as follows.
Article 231 Where a real right is established or destroyed due to a factual act such as building a house or demolishing a house according to law, it shall take effect when the factual act is realized.
Article 240th the owner has the right to possess, use and dispose of his real estate or chattel according to law.
Article 276 Parking spaces and garages planned within a building division shall first meet the needs of the owners.
The ownership of the parking spaces and garages planned for parking cars within the building zoning shall be agreed upon by the parties through the ways of 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.
Who is in charge of the parking spaces in the old community?
1. Who is in charge of the parking spaces in the old community? According to the provisions of Article 70 of the Property Law, the owner enjoys the ownership of the exclusive parts such as houses and business premises in the building, and has the right to co-manage the parts other than the exclusive parts with * * *.
2. Article 74. Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners. The ownership of the parking spaces and garages planned for parking cars within the building zoning shall be agreed upon by the parties through the ways of 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.
The part outside the buildings in the residential area is owned by * * *, and the residents in the residential area enjoy the right of joint management by * * *. Parking spaces in residential areas should first meet the needs of residents in residential areas.
Parking charges in old residential areas are illegal.
Regarding illegal parking charges in old communities, in fact, some charges are legal, mainly in two situations.
One kind is the special parking space defined in the planning and design, including the exclusive parking space on the ground and the underground garage. This part is the exclusive part of the property owner. According to the law, the property owner can dispose of it at will. The property owner is a developer and can charge according to the provisions of the price bureau.
The second type is temporary parking spaces in public areas. This kind is owned by all owners, and whether it is charged or not and how much it is collected is decided by all owners.
This part of the "parking fee" of the property enterprise is actually collected by the owners' committee of the enterprise, except the service fee (such as setting the gate, marking the line and maintaining the parking order). ) and reasonable profits (no more than 5% as stipulated by the state) shall be owned by all owners.
The above is about the relevant content of underground parking spaces in the community, and I hope it will help everyone!
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