Regarding the parking charge of residential property, please ask professionals for help.

First of all, it is pointed out that the community belongs to the owner, not the property! The property is just an employment company invited by the community owners to manage the water, electricity, heating, maintenance and transformation of the community.

According to the Property Management Regulations, the owners are responsible for the management of residential areas. First, the owners' meeting should be established, and the owners' meeting should set up a standing committee, that is, an industry committee, similar to the establishment of the responsibility mechanism of the National People's Congress.

The owners' congress has the authority and power to manage the community. The owners' committee is composed of several people elected by the property congress, responsible for the decision-making and management of daily affairs, and reports to the owners' congress in a timely manner.

Therefore, the community does not charge parking fees, and the owners' meeting has the final say.

But in reality, after the completion of the community, the developer found a property company to manage the community and then quit. After the owners moved in, they found that the property company was the boss of the community! Moreover, the industry Committee is also a property company, so just find a few families to piece it together. In fact, the property company is the real manager of the community! This is inconsistent with the idea of returning government to the people through legislation, but there is no good way yet!

In these developed areas, the masses have a strong sense of law, and gradually unite to set up owners' committees and owners' congresses to truly control the community in their own hands. But in most places, the property of the community is overbearing, and it is actually the real manager of the community!

Secondly, in this case, it depends on whether there are owners' meetings and industry committees in your community. It depends. In this case, if you refuse to pay the parking fee, people have plenty of ways to bully you, cut off water and electricity, stop heating, deliberately rub your car and deflate you. If you don't have proof, there's really nothing they can do.

There are many reasons for this problem. Most importantly, modern people are busy making money, playing and enjoying themselves. When they really want to work together, they'd better do one more thing. It is difficult to set up a owners' meeting!

Thirdly, there are many charging standards for community parking fees. You can consult relevant departments and communicate with the property management company according to the documents. It is more effective to unite the owners of multiple communities.

Finally, I have selected some relevant laws and regulations for you, you can have a look. There is also a discussion on the relationship between the owner and the property. You can go and see it when you have time!

property management regulations

These Regulations are formulated in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people.

second

The term "property management" as mentioned in these Regulations refers to the activities of owners and property service enterprises to maintain, conserve and manage houses, supporting facilities, equipment and related sites by hiring property service enterprises to maintain environmental sanitation and related order in the property management area.

essay

The state encourages owners to choose property service enterprises through an open, fair and just market competition mechanism.

Article 4

The state encourages the adoption of new technologies and methods, and relies on scientific and technological progress to improve the level of property management and service.

Article 5

The State Council construction administrative department is responsible for the supervision and management of the national property management activities.

The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.

Article 6

The owner of the house is the owner.

Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

Article 7

Owners shall perform the following obligations in property management activities:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Discussion on "the relationship between property and owner"

Analysis on the relationship between community owners and property service companies

The latest film "Sonata for Car Owners" was released. The film shows the contradiction and conflict between the owner and the property management company. Owners and property management companies are like a pair of enemies.

The phenomenon reflected in the film exists in many commercial and residential areas. The "Community Governance" research group of China Renmin University has successively investigated more than 0/00 residential communities in Beijing. The results show that 80% of the residential areas have had serious disputes with property management companies, and 37% of the residential areas have had physical conflicts and violent conflicts (excluding threats).

On the one hand, many communities can't get the most basic services, and the owners complain that the service of the property company is not good, and they want to change the property company and speculate on the property.

On the one hand, there are constantly property companies forced to leave the community because they can't receive property fees, their income can't maintain basic expenses, and they can't operate normally. For example, in Shanghai, some insiders estimate that more than13 of residential quarters are facing a service crisis, and some quarters that have lived for 8- 10 years may become "hot potatoes".

In most commercial and residential areas, the contradiction between property companies and owners has risen, resulting in unemployment on both sides. The owner lost the most basic services provided by the property management company, the garbage was not cleaned up, the property was not maintained, and individual communities were cut off because the power supply company defaulted on the electricity bill. Individual communities with serious conditions have become a factor of social instability.

Are property companies and owners natural enemies? How to understand the relationship between the two? Why is the relationship between the two antagonistic and sharp? How to resolve these contradictions?

First, how to understand the relationship between owners and property companies

In the commercial housing community, each owner has his own exclusive part. According to the understanding of the image, it can be considered that the part inside the door is his own.

But owners can't live in their own homes forever. They need to go out, take the stairs or take the elevator, have a parking lot to park their cars, walk out or drive out on the road in the community, and also need security guards to guard the gate, clean up the garbage and maintain the green space. These corridors, elevators, parking lots in the community, roads and green spaces in the community are the property of relevant owners or * * *. The owner's life needs these * * * properties to operate normally in good condition. The maintenance of these * * * owned properties generally needs qualified property companies to complete. Therefore, under normal circumstances, the owner's life needs a property company and cannot be separated from the property company.

The property management company is selected by the owner to provide services for the owner's * * * property or * * * property. Owners discuss together, reach an agreement, and choose a property service company through bidding or negotiation. The community owners' committee will sign a property service contract with the property company on behalf of all the owners, so as to solidify the responsibilities and rights of the owners and the property company by contract.

Therefore, the relationship between the owner and the property management company is a commercial cooperation relationship, a contractual relationship, and the owner spends money to buy the services of the property management company. Property management companies manage and maintain all the properties of * * *, maintain the proprietary parts of the owners, provide services for the owners, and earn corresponding remuneration. Property companies and owners establish interdependent business partnerships by providing services and getting paid.

In order to provide better services to owners, property companies need the assistance of management.

Property management companies provide services for owners by maintaining the properties owned by * * *. But the property owned by these * * * does not exist in a vacuum, but exists in the living area of the owner. That is to say, * * * own property co-exists with the owners who use it, and the owner's behavior greatly affects the use of * * * own property.

For example, there is a parking lot in the community, and the owners have reached a regulation on how to regulate parking through consultation, authorizing the property company to manage the parking lot. If some car owners don't follow the rules and park at will, it will affect the normal use of parking spaces by other car owners. At this time, the property company has the right to dissuade the owners of illegal parking. This kind of persuasion is an auxiliary management in order to achieve better service effect. The essence of this management is that the property management company executes the management right according to the decision and authorization of the owners, and it is the property management company that manages individual owners who do not abide by the rules on behalf of most owners.

Owners, property companies and property practitioners are equal business partnerships.

In the community, the owner is the owner of the property and the owner of the property. The property management company provides services to the owners according to the contract. Some owners call themselves masters, nannies or servants of property management companies. This understanding is incorrect.

It should be recognized that the society is developing and progressing, there are more and more people engaged in the service industry, and the social division of labor is becoming more and more detailed. To some extent, each of us serves others, and we get a lot of services provided by others. We go out by car, save money in the bank and go to the hospital to see a doctor, all of which enjoy the services provided by others. People engaged in public transportation, banks and hospitals, on the one hand, are serving others, on the other hand, they also need services provided by others. Therefore, people engaged in the property service industry cannot be said, because their job nature is to provide property services, that is, nannies or servants. Owners, property companies and property practitioners are equal business partnerships.

Second, why is the relationship between the owner and the property management company so sharp?

There are three reasons for the sharp opposition between the owner and the property management company:

One is the property company's own problems.

Due to the influence of the planned system in the past, some property companies did not establish the consciousness of serving the owners, and thought they were quasi-administrative organizations that managed the owners. In many communities, the property company is the "pre-property company" designated by the developer, and it is the subsidiary or grandson company of the developer. Although the property company has served in the residential area for many years, it has not negotiated with the owners on an equal footing and signed a service contract on an equal footing, but it is an unequal "factual" service and compulsory fees. Some problems were originally left over by developers, but because the property company is an affiliate of the developer, the property company can't get rid of the pressure of the developer, thus covering up the problems for the developer and shirking the responsibility for the developer. There are also some property management companies, such as those described in the Sonata for Owners. The main person in charge of the company has personal interests. In order to protect his own private interests and avoid their damage, he treated the owners by illegal means.

Second, the problems left by developers.

Many residential areas are left behind by developers, such as poor housing quality and poor supporting property quality, which violates the planning and development at that time. Owners did not find these problems when buying a house and moving in. After a certain period of time, after the problem was exposed, the developer was irresponsible and did not solve it. This will affect the services of property management companies from two aspects. First, the quality of hardware is poor, so it is impossible for property management companies to provide high-level services on low-quality hardware. Second, it is easy for owners to turn their grievances against developers into complaints against property companies. In this way, what was originally the contradiction between the owner and the developer became the contradiction between the owner and the property management company. This situation is even more serious because many property companies are subsidiaries or sun companies of developers and are associated with developers.

The third is the owner's own problem.

The Property Law empowers owners to exercise the management right of * * * all properties or * * * all properties by unanimous decision, such as formulating and amending the management regulations of buildings and their affiliated properties; Hiring and dismissing property service enterprises or other management personnel, etc. As far as the whole country is concerned, the owners of most residential areas have not established their own organizations and owners' committees. Although some communities have established owners' committees, they have not really played a role. On the basis of extensive participation through open, fair and just consultation, it is impossible to form a * * * agreement that the owner * * * owns the property or * * * owns the property management. This will cannot be expressed in the form of a contract or in the property service contract. This was originally a contradiction between owners, such as the example of illegal parking mentioned above, but it is easy to evolve into a contradiction between owners and property companies.

Third, the idea of solving the contradiction between the owner and the property company.

To solve the contradiction between the owner and the property management company, we need to start from the three aspects mentioned above:

Property companies should establish such awareness, and the goal of property companies is to provide services for owners. When taking over a residential property service, all the power should come from the owner's consciousness of agreeing with the decision. From the signing of the contract, all rights, that is, service content and auxiliary management rights, should be clearly stated in the property service contract.

The problems left by developers need good business ethics to actively solve the remaining problems; Some sexual problems need to be regulated by relevant government departments through legislation. Of course, we also need owners to safeguard their rights and interests rationally and firmly.

The owner's own problems, or owner's autonomy, need to establish reasonable rules for the owner's organization and operation, and better and more effectively reflect and realize the owner's decision. Many owners of commercial and residential areas find it difficult to set up owners' committees, make decisions and supervise industry committees. On the one hand, the participation of owners is not enough. But part of the reason is also related to the organizational structure of the owners' meeting/owners' committee stipulated in the Property Management Ordinance. China's commercial and residential communities are generally large in scale, and the median number of households in the communities is around 1000. The original intention of the framework design of the owners' assembly/owners' committee in the Property Management Regulations may be to protect the rights of every owner, but in fact, due to the "looseness" of the owners' assembly (composed of all owners), it will often become a situation in which every owner can manage it and no owner can manage it in practice. Judging from the implementation of the Property Management Regulations for more than five years, the framework of owners' assembly/owners' committee has not played its due role in promoting the autonomy of community owners. Therefore, it is necessary to innovate owners' organizations and establish a fair and efficient decision-making mechanism, so that owners can participate in * * * property management and make decisions on the basis of organizational and institutional guarantee. For example, some communities have established a system of owners' assembly. On the basis of the authorization of all owners, the owners' assembly composed of dozens of owners' representatives has made a certain range of decisions on property management and achieved good results. In addition, it is necessary for the government to strengthen the promotion, guidance and supervision of owners' autonomy in residential areas where owners' participation in property management is poor.