Should private cars be parked in the community?

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Now almost every family has a motor vehicle, and parking spaces and parking fees will also be considered when buying real estate. Many communities will entrust property management, and most properties will charge corresponding parking fees to the owners in the community. So should parking in the community be charged?

1. Who owns the parking spaces in the community?

Article 74 of the Property Law stipulates: "In building zoning, the planning of parking spaces and garages for parking cars should first meet the needs of owners. Within the building division, 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 owned by the owner or other venues for parking cars belong to the owner. " This article stipulates the ownership of parking lots in residential areas.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Building Ownership Article 6 In addition to the parking spaces planned for parking cars, the parking spaces added by the owners on roads or other venues shall be recognized as the parking spaces mentioned in the third paragraph of Article 74 of the Property Law.

According to the above provisions of the Property Law and judicial interpretation, the ownership of residential parking lots is divided into the following situations:

1. If the construction unit sells or donates the whole planned parking lot to the owner in the form of parking spaces, each parking space shall be owned by the owner who bought or received the gift, and the public parts in the parking lot, such as the driveway, shall be owned by all the owners who own the parking spaces.

2. If the construction unit rents the parking space of the parking lot to the owner, the ownership of the parking lot belongs to the construction unit, and the right to use the parking space belongs to the owner. The fee paid by the owner is the parking space use fee, and the fee standard is specifically agreed by the owner and the construction unit in the contract.

3. If the construction unit allocates the construction cost of the parking lot to all owners when selling the house, that is, if the house price paid by the owners actually includes the allocation cost of the parking lot, the ownership of the parking lot belongs to all owners. The use and charging standards of parking lots shall be agreed by the owners' congress in the management regulations, but priority shall be given to meeting the parking needs of owners. The income of the parking lot belongs to all owners, mainly used for the maintenance of the parking lot, and can also be used according to the decision of the owners' meeting.

Second, does the property have the right to charge parking fees for the community?

Does the property have the right to collect parking fees from the owners? Need to examine the nature of parking fees. There are 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.

According to Article 73 of the Property Law, roads, green spaces, public facilities and property services in residential areas belong to the owners.

Article 74 stipulates that parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. It can be seen that the legal basis for collecting land use fees is the Property Law, and the charging subject is the owner. Car owners can collect land use fees because vehicles occupy land. Management fees are charged according to the Regulations on Property Management promulgated by the State Council.

According to Articles 366 and 366 of the Contract Law, it is a contract if the custodian keeps the deposit delivered by the depositor and returns it. The depositor shall pay the safekeeping fee to the custodian in accordance with the agreement.

Article 54 of the Property Management Regulations stipulates that those who use * * * parts and * * * facilities and equipment of the property for business operation shall go through relevant formalities in accordance with the regulations after obtaining the consent of relevant owners, owners' congress and property management enterprises. Therefore, after obtaining the consent of the owner, the property can be operated by using the land in the community. What the owner gives to the property is actually the vehicle storage fee. Based on the above analysis of the ownership of parking spaces in the community, Bian Xiao summarized as follows:

1. In the first case, the property management company has 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.

2. In the second case, after the authorization of the construction unit, the property company can charge the parking fee from the owner instead of the construction unit, but the parking fee standard at this time is not determined by the property, and it is specifically agreed by the owner and the construction unit in the contract. It can also be said that the property has no right to ask for community parking fees at this time.

3. In the third case, the ownership of the parking lot belongs to all owners, and the use and charging standards of the parking lot are agreed by the owners' congress in the management statute.

At the same time, China's "Property Law" stipulates that the main body of rights to decide parking fees in residential areas is the owners' assembly or owners' committee. Property companies are only entrusted by the owners' assembly or owners' committee to collect parking fees from owners. If the owners' committee cannot be elected due to objective reasons, the residents' committee where the property is located may act as the owners' committee. Therefore, the community neighborhood Committee is also the right subject to decide to charge the parking fee for the community. Therefore, if a certain standard parking fee is agreed to be charged through the resolution of the owners' meeting, then the income from parking fee should be owned by all owners, rather than the property company spending it at will.

In practice, part of the parking fee is used as property management cost and tax payment, and the other part is owned by all owners as income.

Third, the latest community parking fee charging standard

According to the National Development and Reform Commission's Notice on Liberalizing Some Service Prices, China has opened the parking price of residential quarters. Previously, community parking fees generally had government-guided prices. As soon as the notice came out, it changed the model of parking fees in residential areas set by the government, which led to the farce of skyrocketing parking fees nationwide.

In the face of repeated increases in parking fees by property companies, how should community owners protect their rights? Some owners think they should look for the price bureau. The price bureau will definitely answer you. This is within the scope of price liberalization, so it will not be accepted. Some owners also think that they should find the Housing Authority, and the Housing Authority will generally answer you. This is an operation pricing behavior, please find the price bureau. Maybe some owners can find the transportation bureau, and the parking Committee will tell you that they don't care about parking in the community. Then, what should the owners do in the face of rising parking fees in the community?

1, to prevent individuals from negotiating with parking space operators alone. "Big Fish eat small fish", scattered individuals can never compete with an institution. See if there is an owners' committee in your community. An important assumption of opening the parking service price in residential quarters is that most residential quarters already have their own owners' committees and property management companies. Owners' committee is an important organization of community autonomy, which is guaranteed by law and supported by the government. Avoid "unequal game" with property management companies or developers through consultation with the owners' committee.

2. Clear the ownership of parking spaces. If it is a community public parking facility, the income is also in the community, and the pricing should be decided by the owners' Committee. Of course, property management companies are needed to provide management services. If it is a parking property left by the developer in the community, the parking income belongs to the developer, but the pricing of parking service should also be negotiated with the owners' Committee. For this developer, this garage is part of the community construction, and all customers are in this community.

Let's find a lawyer. All the property disputes in the community lie in the fact that the owners are office workers, so it is impossible to devote special time and energy to the game with developers and property companies. Owners unite to hire lawyers and consultants, and then ask their own professionals to argue with developers to strive for more protection of the interests of owners.