Is it legal to collect parking fees for residential properties?

Generally, residential property fees include many fees, but some residential areas charge parking fees even if they charge property fees. If authorized by the owner, they can charge parking fees. Of course, it is necessary to know in detail whether it is legal to charge parking fees for residential properties.

It is legal to collect parking fees for residential properties. Although the Property Law does not explicitly stipulate that parking fees can be charged for properties, at present, most properties are entrusted by developers, industry committees and owners, or actually the relationship between management and service, so it is legal for properties to charge parking fees for owners.

"In fact, charging parking fees for property should be an extension of management fees and service fees, and it is an act of fulfilling contracts. The fees charged are enjoyed by all owners. " Lawyers said that some owners in the community don't have cars, so owners who occupy parking spaces in * * * need to pay a certain fee for the increase in parking spaces and property services, otherwise it will be unfair to owners who don't have parking spaces in * * *.

However, it should be noted that the property fees are entrusted, and the fees charged by the * * * parking property belong to all owners. The property can obtain the necessary labor and service fees according to the entrustment, and the balance should be used for public welfare projects such as maintenance, supplement, cleaning and greening of facilities and equipment in the community. At the same time, the fees should be made public regularly and subject to supervision.

The new civil code came into effect on 202 1 1 1. At that time, the clauses that conflict with the Civil Code will become invalid and be replaced by new judicial interpretations. Civil code (202 1. 1. 1 came into force).

Article 275 of the Civil Code stipulates that 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.

What is the parking charge standard in the community? 1. The maximum management service fee for parking spaces in the property management area is 70 yuan/vehicle/month. There is no charge for social vehicles to enter the residential area temporarily for the first hour, and it will be charged as 2 yuan/hour if it exceeds 1 hour. The maximum charge for continuous parking for 24 hours is 10 yuan.

2. Owners' property parking spaces in ordinary residential areas shall be charged according to the charging standards stipulated in the contract between the owners and the property; For residential and non-residential mixed communities, parking spaces in residential communities are charged according to the charging standards agreed in the contract, and non-residential owners charge parking fees according to the market-adjusted price.

3. Rent underground parking spaces, garages and mechanized three-dimensional parking spaces and garages, and charge parking fees according to market-adjusted prices.

4. If the parking lot is less than one time unit, the time unit shall be subject to the contents published on the price bulletin board. It must be 15 minutes, or there is no specified 20 minutes, 30 minutes or 1 hour, and the extra parking time shall not exceed the time unit.