What is the rationality of restricting fares in the community?

The community has been established for more than 20 years, and the parking fee has not changed. Now that prices are rising, is it easy to limit fares? Recently, residents of Zhongle Yayuan Community on Huangpu Avenue in Tianhe District reported to "Micro-community E communicates with Xinyuan Village" that the residential property company adjusted the parking fee without communication, which led to great opinions from residents. In this regard, lawyers believe that community parking fees should be negotiated with parking space property owners. Even if the property rights of parking spaces do not belong to all owners, they should not be priced at will, but should be negotiated by both parties and supervised by relevant administrative departments.

Community parking fee doubled

Leyayuan Community, with 224 households, is an old community with a building age of over 20 years. There are 64 underground parking spaces in the community, which are leased and managed by the property management office authorized by the property owner; There is no parking space on the ground, just for the convenience of temporary parking, which is public. According to Leyayuan Management Office, all the underground parking spaces have been sold out, most of the property rights belong to the parent company of the management office, and a few belong to government units.

165438+125 October, the community management office posted a notice about adjusting the parking fee standard, saying that as Leyayuan has been charging according to the standard of 20 years ago for many years, the property management company can't bear the operating cost due to the rising price and labor cost, and it will replace the new parking gate system, so it is necessary to adjust the parking fee standard.

According to the "Announcement", the specific adjustment is: cancel the original monthly insurance and change it to temporary insurance; Temporary warranty standards are: owner's vehicle 5 yuan/hour, 12 hours, 15 yuan, 24-hour 30 yuan; Non-owner vehicle and owner's second vehicle, 8 yuan/hour, 12 hour 30 yuan, 24 hour 60 yuan; At the same time, the owner's vehicle 1 0,000 yuan is withheld in advance, and there is no labor charge. In other words, the owner's vehicle insurance has been increased from 400 yuan to 900 yuan every month.

The news "fried the pot" in the community. The owner, Mr. Liu, believes that before the implementation of the new charging standard on February 25, 65438, the management office never sought the opinions of the owner, and the owner reflected the situation to the community neighborhood Committee of Erheng Road, Yuancun Street, hoping to coordinate and solve it.

Relevant departments mediate to suspend price adjustment.

On February 7th, 65438, the owner representative of Leyayuan Community held a coordination meeting with the management office, and the Yuancun Industrial and Commercial Office and the Erheng Road Community Neighborhood Committee of Yuancun Street participated in the mediation. The community management office made concessions from 900 yuan to 550 yuan every month, 5 yuan to 3 yuan every hour, 12 hour to 9 yuan, but it didn't get the unanimous consent of the community owners.

The relevant person in charge of Leyayuan Management Office said that although the underground parking spaces have been sold out, the property rights do not belong to the owners, so the opinions of the owners were not sought before the price adjustment plan was announced. Nowadays, due to the strong opinions of residents, the parking fee adjustment plan has been suspended through mediation by relevant departments.

Micro-community E reporter Lu

Lawyer's review

Parking space operators in residential areas cannot adjust their prices at will.

Zhang Chonggui, a lawyer of Guangdong Southern Fred Law Firm, pointed out that at present, the residential parking fees in Guangzhou are no longer guided by the government, but can be priced according to market rules, which does not mean that the operators of residential parking spaces can adjust their prices at will.

According to the Guangzhou Parking Regulations, which was implemented on June 65, 2065 at 438+08 and June 65, 2008 at 438+0, the charging price of residential parking lots should be determined by the parking lot owners through consultation. At present, there are two kinds of parking space property rights relations: one is the ownership developer, and the property owner has to negotiate with the owner to raise the price unilaterally; The other kind of ownership belongs to the owner * * *, and the price should be decided by all the owners through consultation, not by the property management company unilaterally.

He said that if the bargaining rules are not observed, the construction unit and parking lot operators shall not set or raise the charging standard for motor vehicle parking services. Neighborhood offices and local town people's governments shall guide and coordinate the consultation process. The price department shall formulate and improve the motor vehicle parking service without consultation or negotiation according to law.