Is there a legal basis for the property to charge the owner for parking?

In general, parking lots are mainly above ground and underground. Underground parking lots are generally not allocated to the owners, and are owned by the developer, and the parking fees are reasonable.

Article 70 of the Property Law The owner shall have the ownership of the exclusive parts of the building, such as residential and business buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.

Article 72 The owner shall have rights and obligations to the common parts other than the exclusive part of the building; No waiver of rights may be used for non-performance of obligations.

Article 74: Within building zoning, parking spaces and garages planned for parking cars shall first meet the needs of the owners.

In the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed upon by the parties through **, 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.

The procedure for charging parking fees at the property is illegal, and naturally it is not supported by the owner.

The parking income of the community shall belong to all owners.

**Relevant departments shall improve the relevant provisions of the parking fee standard in the community.

The real estate administrative department should increase the supervision of the property.

Whether the property has the right to charge the owner for parking needs to be examined in terms of the nature of the parking fee. There are two types of parking fees in the community, one is the land use fee and the other is the management fee. The basis for charging the two types of fees is different from the subject of the charge.

Legal analysis: legal, the property to charge parking fees by the owners' meeting or the owners' committee to make a decision, entrusting the property to collect parking fees on behalf of the legal, the property can also obtain related services, maintenance costs. Property service charges refer to the fees charged by property management enterprises to the owners for the repair, maintenance and management of houses and supporting facilities and equipment and related sites in accordance with the provisions of the property service contract, and to maintain environmental sanitation and order in the relevant areas.

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.

Legal basis: "Property Management Regulations" Article 34 The owners' committee shall enter into a written contract with the property management service enterprise selected by the owners' general meeting. The property service contract shall be leased to Janesen on property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management housing, contract term, liability for breach of contract and other contents.

According to the property law, the property company does not have the right to collect the owner's parking fee, if the parking fee and advertising fee are charged to the planning and maintenance of the community, because the park is owned by the owner, and it should be announced to the owner, but early Wang is a large amount of income, and it is also the most enthusiastic about the property of a piece of fat, each parking space in our community is 2,400 yuan a year, and the community is now parking spaces (there is no parking space in the past, but the parking space is painted after the painting) 150, then the annual net income is 360,000 yuan plus advertising expenses 450,000 yuan per year. This is just a small community, these costs are basically on the property account, if not approved by the relevant departments this is a black account, so the property of each community is not to solve the maintenance of the park, but to focus on the access control construction of vehicle entry, occupy an area to expand the number of parking spaces, restrict the entry and exit of household vehicles, and the loss and damage of vehicles are not responsible, and Lu Zai parking lot is responsible, which is the reason why the property wants to collect parking.

If the property has a parking lot fee permit, it is allowed by law to reasonably charge parking fees, but it is clearly stipulated that the parking lot in the community is owned by all the owners, and the property company leases the parking space to take it from the people after deducting the management costs, and use it for the people.

Legal basis: Property Management Regulations

Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, these regulations are formulated.

Article 2 The term "property management" in these Regulations refers to the property management activities in which the owners and the property service enterprises are selected and hired by the owners and the property service enterprises in accordance with the property service contract, the repair, maintenance and management of the housing and supporting facilities and equipment and related sites, and the maintenance of environmental sanitation and related order in the management area of the property.