Does the property owner have the right not to let the car into the underground car park if the prope

If the property fee is not paid, the property has no right to prevent the owner from entering the community. Generally speaking, the property rights of the parking lot belong to the developer, and if the parking space is renovated in the public area, it belongs to the collective owner.

Legal analysis

If you don't pay the property fee, it is illegal for the property company not to let the owner's car into the garage, and the owner has the right to drive the car into his garage after purchasing the parking space. If the owner violates the property management service contract and fails to pay the service fee or property management service fund within the time limit, the owners' committee shall urge it to pay within the time limit; If the payment is still not made within the time limit, the property management company can recover it according to law, but it cannot prevent the owner from driving into the garage. Relationship between developer and property company:

There are generally two ways for property companies in the community to settle in the community, one is the developer's own property, that is, the property management companies are derived from the developer, and there is a general "father-son relationship", and the other is to select and hire property management companies with corresponding qualifications through bidding. In general, property companies and developers are a community of interests. Garage sales contract delivery standard.

The construction project delivered for completion and acceptance must meet the specified construction project quality standards, have complete engineering technical and economic information and a signed project warranty, and have other completion conditions stipulated by the state. The construction project can only be delivered after the completion experience is qualified; If it has not been accepted or the acceptance is unqualified, it shall not be delivered.

Legal basis

Article 274 of the Civil Code of the People's Republic of China Roads within building zoning belong to the owners in common, except for urban public roads. The green space within the building zoning belongs to the common ownership of the owners, except for the urban public green space or the express belonging to the individual. Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

Article 276: Within building zoning, parking spaces and garages planned for parking cars shall first meet the needs of the owners. Article 275: Within building zoning, the ownership of parking spaces and garages planned for parking cars is to be agreed upon by the parties through means such as **, gifts, or leases. Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common.

Mainly look at your property service contract, the property service contract is the obligation of the owner to pay the property service fee, then the rights and obligations of the property company are recorded in detail, under normal circumstances, the property company does not have the right to not let the owner's car enter the parking lot because the owner does not pay the property fee, and the "property service contract" usually does not stipulate so.

If the landlord is in arrears on the strata fee and the strata company adopts the practice of "not allowing the vehicle into the underground parking lot without paying the strata fee", then this may involve the content of the strata service contract.

Generally speaking, the scope and method of property management services, as well as the standard and method of charging property fees, will be stipulated in the property service contract. If the contract clearly stipulates that the property service includes the management of the underground parking lot, and the owner needs to pay the corresponding management fee, then the property company has the right to require the owner to pay the property fee in accordance with the contract.

However, if the strata service contract does not explicitly state that the strata service includes the management of the underground parking lot, or the owner has paid the corresponding management fee, then the strata company has no right to prevent the owner's vehicle from entering the underground parking lot.

In addition, if the property management company's behavior violates the provisions of relevant laws and regulations, the owner can also protect his rights and interests through legal channels. For example, if the property management company's behavior violates the provisions of the Property Management Regulations, the owner can file a complaint with the relevant department or sue the property management company.

In short, for specific legal issues, it is recommended that the owner consult the relevant legal professionals or lawyers for more accurate information and advice.

1. It is illegal for the property in the community to not pay the parking fee and not let it into the community. It is illegal for the property owner to not allow the owner of the community to drive into the community, and its behavior violates the owner's right to free access. The owners of the community have the right to the commercial housing they purchased, and the parking space is only an accessory to the commercial house, and the commercial housing owned by the owner of the community is the owner of the property right, and they enjoy the right of co-ownership and joint management of the common buildings in the community.

2. Legal basis: Article 271 of the Civil Code of the People's Republic of China.

The owner has the right of ownership of the exclusive parts of the building, such as residential and business buildings, and the right of co-ownership and joint management of the common parts other than the exclusive parts.

2. What services are included in the property fee of the community?

The community property fee includes services:

1. Manage the salary, social insurance and welfare expenses of service personnel, that is, personnel expenses, including basic salary, welfare expenses drawn according to regulations, overtime pay and clothing expenses, etc.;

2. The daily operation and maintenance costs of the common parts of the property and the common facilities and equipment, including the cost of various civil works in public buildings; daily operation, repair and maintenance of water supply and drainage; Electrical, gas, fire protection system equipment repair and maintenance costs; public lighting fees; Replacement fee for wearing parts, etc.;

3. Cleaning and sanitation expenses in the property management area, including: cleaning tools, labor protection supplies, cleaning and sanitation, garbage transportation, septic cleaning, etc.;

4. The cost of greening and maintenance in the property management area, including: greening tool fee, greening water fee, pesticide and fertilizer fee, weed removal freight, landscape maintenance fee, etc.;

5. The cost of maintaining the order of the property management area, that is, the cost of safety management personnel, safety equipment and equipment, etc.;

6. Office expenses, including: transportation expenses, communication expenses, low-value consumable office supplies, office space water and electricity expenses, etc.;

7. Depreciation of fixed assets of property management enterprises;

8. The common parts of the property, the common facilities and equipment and the public liability insurance costs;

9. Statutory taxes and fees, including business tax, urban construction and maintenance tax, education surcharge, etc.;

10. Other expenses agreed by the owner.

If you don't pay the parking fee, the property has no right to deny the car in and out. For the parking fee that the owner has not paid, it should be resolved through legal channels. According to the relevant expressions, as the owner has the obligation to pay parking fees and the right of vehicles to enter and exit the community in the case of vehicle parking, the property has the right to reasonable allocation and charging for the owner's parking vehicles, and the obligation to release and ensure parking spaces in and out of the community, and the above respective rights and obligations should not be set as a premise.

Therefore, on the premise that the property has not terminated the parking space lease contract in accordance with the law, it has no right to block vehicles from entering and leaving the community, and the obstruction behavior carried out by the property is a tortious act. Parking vehicles occupy a certain area of land, so it is necessary to pay the corresponding land use fee, and at the same time, the parking lot often needs to be professionally managed to protect the safety of parked cars, and form a custody contract relationship with the owner, and the owner needs to pay the custody fee. The part of the parking fee should be paid to the owner of the land, that is, the person or unit who has the right to use the land of the parking lot.

The portion of the parking fee for the storage fee shall be paid to the person or unit that keeps the parked vehicle. However, the community property does not provide a venue or a storage service for vehicles, and the additional parking fee is very unreasonable.

Property Management Regulations》 Article 7 Owners in property management activities, to perform the following obligations: (A) to comply with the management statute, the rules of procedure of the owners' general meeting; (B) comply with the property management area of the common parts of the property and the use of common facilities and equipment, public order and environmental sanitation maintenance and other aspects of the rules and regulations; (3) To implement the decisions of the general meeting of owners and the decisions of the general meeting of owners authorized by the general meeting of owners; (D) in accordance with the relevant provisions of the State to pay special maintenance funds; (5) Pay the property service fees on time; (6) Other obligations provided for by laws and regulations.

Parking fees in the community.

Community parking fee charging standard: 1. Residential community residential vehicle charges, passenger cars with less than 7 seats and trucks under 3 tons are 120 yuan per month, and 7 and above passenger cars are 150 yuan per month. Two-wheeled and three-wheeled motorcycles are 30 yuan per month.

$20 per month for three-wheeled non-motorized vehicles; 2. Charges for foreign vehicles, 180 yuan per month for passenger cars with less than 7 seats and trucks under 3 tons; 7 seats and above passenger cars are 220 yuan per month. Two-wheeled and three-wheeled motorcycles are 50 yuan per month. Three-wheeled non-motorized vehicles are $30 per month.

Legal Analysis: No, in the absence of an agreement between the PMC and the PMC, the PMC has no right to collect parking fees from the owners of the community, let alone prevent the owners from entering the community. The property department is there to better serve the owners, not to charge the owners and a series of irregularities.

Legal basis: Article 944 of the Civil Code of the People's Republic of China The owner shall pay the property fee to the property service provider in accordance with the agreement. If the property management service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted or does not need to accept the relevant property management services.

If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider may urge the owner to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration. Property service providers shall not stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.