Is it legal for community owners to charge for parking in the community?

Whether the owner charges for parking in the community is legal or not depends on the specific situation. Whether the property has the right to collect parking fees from the owners depends on the nature of the parking fees. There are mainly two kinds of parking fees in residential areas, one is land use fee and the other is management fee. The charging basis and charging subject of the two fees are different.

Legal analysis

After obtaining the consent of the owner, the property can be operated by using the land in the community. What the owner of the community gives to the property is actually the storage fee of the vehicle. Based on the above analysis of the ownership of residential parking spaces, the first one is that residential property companies have no right to charge parking fees. Because each parking space belongs to the owner who bought or accepted the gift at this time, the public part of the parking lot belongs to all the owners who own the parking space. Secondly, the second is that the property company can charge the relevant parking fees from the owner instead of the construction unit after being authorized by the construction unit, but the standard of parking fees is not determined by the property, and the owner and the construction unit should make specific agreements in the contract. It can be said that the property has no right to ask for community parking fees at this time. Finally, the third is that the ownership of the parking lot should be owned by all owners, so the use and charging standards of the parking lot should also be agreed by the owners' meeting in the management statute. The main body that decides the right to collect parking fees in residential areas should be the owners' assembly or the owners' committee. The so-called property company is only entrusted by the owners' assembly or the owners' committee to charge the owners for parking. If the owners' committee is not elected due to objective reasons, the residents' committee where the property is located may exercise the duties of the owners' committee on its behalf. Therefore, both are community neighborhood committees, and they are also one of the right subjects to decide the parking fees in the community. If the owners agree to charge a certain standard parking fee through negotiation, then the income from parking fee should be owned by all owners and not used by the property company at will.

legal ground

People's Republic of China (PRC) Civil Code

Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 275 The ownership of planned parking spaces and garages within a building division 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.

Article 54 of the Regulations on Property Management, where the parts, facilities and equipment of the property are used for business, the relevant formalities shall be handled in accordance with the provisions after obtaining the consent of the relevant owners, owners' congress and property service enterprises. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.