Is it legal to collect land occupation fees for parking in residential areas?

The following is excerpted from Modern Intellectual Property Law published by Chemical Industry Press, edited by Professor Wen Guo of China Academy of Social Sciences.

People's Republic of China (PRC) property right law

Article 73 Roads within a building division belong to the owner, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner.

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

In the building division, the ownership of planned parking spaces and garages shall be agreed 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 76 The following matters shall be decided by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(two) to formulate and modify the management regulations of buildings and their ancillary facilities;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) to raise and use funds for the maintenance of buildings and their ancillary facilities;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

Regarding parking in residential areas, Article 74 of the Property Law. Made the rules. According to this article, parking spaces and garages in residential areas must first meet the needs of owners, that is, developers cannot use garages and parking spaces for main purposes other than owners. The ownership of the garage and parking space in the community shall be agreed by the parties in advance. For example, if the owner buys a house in a residential area, he can give it a parking space or buy it from the developer. It should be noted that the property law stipulates that parking spaces that occupy roads or other venues owned by all people for parking cars are owned by all people. According to Article 73 of the Property Law, parking spaces planned on roads in residential areas generally belong to the owners.

According to Article 76 of the Property Law, the use, management, maintenance and charges of ancillary facilities in residential areas shall be decided by the owners. The owner can decide to charge all people who use the parking space, or decide to charge only foreign vehicles, or decide not to charge.