Does the property have the right to delimit parking fees? What is the national regulation?

Many owners have encountered the problem of charging parking fees for residential properties. Partly because there are not enough parking spaces in the community, the property management company has made a lot of efforts to build new parking spaces, so it is ok to levy parking fees. However, some residential properties do not add parking spaces, but draw parking spaces next to the residential green belt, that is, two roads, in order to collect parking fees from the owners.

Does the property have the right to delimit parking fees?

1. It is necessary to investigate the nature of parking fees in this community. 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.

2. 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.

3. Property management fees shall be charged in accordance with the Contract Law and the Regulations on Property Management promulgated by the State Council. According to the provisions of Articles 365 and 366 of the Contract Law, a custody contract is a contract in which 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.

4. According to Article 54 of the Regulations on Property Management, those who use * * * parts and * * * facilities and equipment of the property for business shall go through relevant procedures in accordance with the provisions 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.

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. The property is only entrusted by the owners' meeting or the owners' committee to collect parking fees from the 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.

How does the state stipulate this?

Article 43 of the draft stipulates that the parking, charging and management of vehicles in public places within the property management area shall be decided by the owners' meeting. If the owners' congress decides to charge for parking vehicles, the charging standard shall be determined with reference to the provisions of the competent price department.

This article, together with the right to use public green spaces, roads and other public venues within the property management area specified in Article 30, belongs to all owners. Therefore, since these public venues belong to all owners, the property management company has no right to charge the owners for venue rental fees. Paragraph 3 of Article 74 of the Property Law stipulates that parking spaces that occupy roads or other venues owned by the owners for parking cars shall be owned by the owners.

The Property Law of People's Republic of China (PRC), which came into effect on June 65438+ 10/day, 2007, has been clearly stipulated. Whether a property company has the right to charge parking fees (parking fees, occupancy fees) from owners varies according to different situations.

Finally, if the property management company charges fees in violation of regulations, the owners can take up legal weapons to protect their legitimate rights and interests from infringement. According to Article 5 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, if a property service enterprise violates the provisions of the property service contract or laws, regulations and departmental rules, it expands the scope of charges, raises the standard of charges or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charges, the people's court shall support it. The people's court shall support the owners' request that the realty service enterprise refund the illegal fees charged by them.

Therefore, if a certain standard parking fee is agreed by the resolution of the owners' meeting, then the income from parking fee should be owned by all owners, not property that can be spent 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.