Is it legal for the property in the community not to pay parking fees and not to be allowed to enter

This is obviously not legal, according to the provisions of the "Property Development", the parking spaces in the community are owned by the owners, should not be owned by the property, if there are underground parking spaces, it should be owned by legal means, the owners do not pay parking fees and do not let into the community, obviously illegal, complain to the local **.

According to the provisions 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 commercial buildings, and has the right of co-ownership and joint management of the common parts other than the exclusive parts.

The owner shall abide by the laws, regulations and management regulations, and shall not harm the public interest and the legitimate rights and interests of others.

The general meeting of owners and the owners' committee shall perform their duties in accordance with the law, and shall not make decisions unrelated to property management, and shall not engage in activities unrelated to property management.

Therefore, it is illegal for the property in the community to not be allowed to enter the community without paying the parking fee.

Your question is that is it legal for the property in the community to not be allowed to enter the community without paying parking fees? In this case, since it is legal for the community to collect parking spaces, it is definitely legal not to let you book a car, I think it should be to pay parking fees.

Legal analysis: There is no right to prohibit, and the parking fee that the owner has not paid should be resolved through legal channels. The court held that, according to the relevant expressions in the parking regulations, as the owner has the obligation to pay parking fees and the right of vehicles to enter and exit the community when the vehicle is parked, the property has the right to reasonably allocate and charge for the owner's parked 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 premised on each other.

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.

Legal basis: Property Management Regulations

Seventh owners in the property management activities, to fulfill the following obligations: (A) abide by the management statute, the rules of procedure of the owners' meeting (B) abide by the property management area of the common parts of the property and the use of common facilities and equipment, public order and environmental sanitation and other aspects of the rules and regulations (C) the implementation of the decision of the owners' meeting and the owners' meeting authorized by the owners' committee to make decisions (D) in accordance with the relevant provisions of the State to pay special maintenance funds (E) on time to pay the property service fees.

Article 67 In violation of the property management service contract, the owner fails to pay the property management service fee within the time limit, the owners' committee shall urge it to pay within the time limit, and the property management service enterprise may file a lawsuit with the people's court.

Summary. Dear Hello, this kind of behavior of the property is clearly illegal. According to the law, public places or common facilities such as roads and green spaces in the building zoning of the community belong to the owners in common, and you, as the owner, certainly enjoy the right of passage in accordance with the law, and the property has no right to obstruct it.

Dear Hello, this kind of behavior of the property is clearly illegal. According to the law, public places or common facilities such as roads and green spaces in the building zoning of the community belong to the owners in common, and you, as the owner, certainly enjoy the right of passage in accordance with the law, and the property has no right to obstruct it.

The ownership of the land for the public parking space in the community belongs to all the owners, and the property management office only has the right to manage, and this management right is granted by the owners' committee. There is no legal basis and unconscionability for a property to restrict access to the owner's vehicle. 1. The fare can be handed over to the property management company after being handed over to the owners' committee, or it can be directly handed over to the property management company.

2. After paying the fee, the property has no parking space and let the owner park in the parking lot that has no relevant connection with the community is not legal, since it is parked in the parking lot outside the community, it should be charged by the parking lot, not the property management company, of course, if the property management company can provide the same quality of care as the contract, it can be negotiated. 3. If the property management fee is not paid, the property management company has no right to prohibit the owner's vehicle from entering, but the property management company can negotiate and complain to the property committee.

Legal analysis: The owner cannot refuse to pay the property fee at will, and the property management company can solve the problem through judicial channels for the owner who refuses to pay the arrears. As the owner, in the sale of the property company to provide property services is also required to pay a certain amount of property fees, the owner relative to the property company, is a weak party, if the refusal to pay the property fee, for the owner, the final to make up for the property fee, in addition to the need to bear a certain amount of refusal to pay the property fee for breach of contract.

Legal basis: Civil Code of the People's Republic of China

Article 285: Property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities within the building zoning in accordance with the provisions of Part III of this Law on property management service contracts, accept the supervision of the owners, and promptly respond to the owners' inquiries about the property management services.

Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.

Article 286: Owners shall abide by laws, regulations, and management regulations, and their relevant actions shall comply with the requirements of conserving resources and protecting the ecological environment. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees.

Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.

Article 287: Owners have the right to request that construction units, property management service enterprises or other managers, as well as other property owners, bear civil liability for their infringement of their lawful rights and interests.

Whether the resettlement community can charge parking fees first depends on whether the property rights of the parking space are shared by the owners, if it is shared by the owners, it will be negotiated by the owners' committee and the property, if the property contract includes parking management, it should be charged, and the charging standard shall be subject to the results of the negotiation between the property committee and the property unit, of course, the property must ensure the safety of the vehicles in the community, including theft and scratching. If parking is not included in the strata service, there is no charge.

According to the relevant regulations, the parking space in the community is owned by the owners, should not be owned by the property, if there is an underground parking space, it must be owned by legal means, the owner does not pay the parking fee and does not let into the community, it is not legal, and should complain to the local **.

Regulations of the People's Republic of China on Property Management

Article 7 The owner shall perform the following obligations in the property management activities:

1) Abide by the management statute and the rules of procedure of the general meeting of owners;

2) Comply with the rules and regulations on the use of common parts of the property and common facilities and equipment, public order and environmental sanitation maintenance in the property management area;

3) To implement the decisions of the general meeting of owners and the decisions of the owners' committee authorized by the general meeting of owners;

4) Pay special maintenance funds in accordance with the relevant provisions of the state;

5) Pay the property service fee on time;

6) Other obligations provided for by laws and regulations. Article 8 All owners in the property management area shall form a general meeting of owners.

The general meeting of owners shall represent and safeguard the legitimate rights and interests of all owners in the property management area in the property management activities. Article 35 Property service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.

Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law. Article 36 When a property management service enterprise undertakes a property, it shall go through the property acceptance procedures with the owners' committee.

The owners' committee shall hand over the materials provided for in the first paragraph of Article 29 of these Regulations to the property management service enterprises.

Hello. Not paying a parking fee and not allowing a property owner to drive into a community are two completely different legal issues. The property management company does not allow the owner to drive into the community, which is obviously illegal and infringes on the owner's right to free access.

Questions. Parking fees are not subject to the property's right not to allow vehicles to enter the community for parking.

There is no right.

Questions. I owe it for 30 months, and there is a parking space.

If you don't pay the strata fee, the property has no right not to let the car into 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. The property management company negotiates with the developer or the owners' general meeting to contract and manage the parking space, which is a separate management service contract outside the property service contract, and the property has relevant management authority, but the property right prevents the owner's vehicle from entering the community.

Questions. Thank you.

You're welcome, dear.

Summary. If the property has a parking lot fee permit, it is allowed by law to reasonably charge parking fees, but the Civil Code clearly stipulates that the parking lot in the community is owned by all the owners, and the property management company leases the parking space to be taken from the people after deducting the management costs, and it is used for the people. And the parking fee should be deducted from the cost of property services for the community can not be taken away, if the property wants to change the use of the public area, to pass the consent of the majority of owners, I estimate that the owners' committee agreed to the property to mark the line of parking.

You must know that the income of this fee is all to the owner after deducting the management costs, half of the practice is put into the special maintenance fund, or subsidized in the property fee, and some community properties are used to send red envelopes to the owners at the end of the year.

If the property has a parking lot fee permit, it is allowed by law to reasonably charge parking fees, but the Civil Code clearly stipulates that the parking lot in the community is owned by all the owners, and the property management company leases the parking space to be taken from the people after deducting the management costs, and it is used for the people. And the parking fee should be deducted from the cost of property services for the community can not be taken away, if the property wants to change the use of the public area, to pass the consent of the majority of owners, I estimate that the owners' committee agreed to the property to mark the line of parking. You must know that the income of this fee is all to the owner after deducting the management costs, half of the practice is put into the special maintenance fund, or subsidized in the property fee, and some community properties are used to send red envelopes to the owners at the end of the year.

Summary] is not legal. Hello, I am a platform co-lawyer, I have received your questions, and I am happy to serve you.

If the property has a parking lot fee permit, it is allowed by law to reasonably charge parking fees, but the Civil Code clearly stipulates that the parking lot in the community is owned by all the owners, and the property management company leases the parking space to be taken from the people after deducting the management costs, and it is used for the people. And the parking fee should be deducted from the cost of property services for the community can not be taken away, if the property wants to change the use of the public area, to pass the consent of the majority of owners, I estimate that the owners' committee agreed to the property to mark the line of parking. You must know that the income of this fee is all to the owner after deducting the management costs, half of the practice is put into the special maintenance fund, or subsidized in the property fee, and some community properties are used to send red envelopes to the owners at the end of the year.

Summary. 1. According to the laws of our country, it is illegal for the property company not to let the owner's car into the garage without paying the property fee, and the owner has the right to drive the car into his garage after purchasing the garage. However, whether it is disputed or not, the property fee needs to be paid, and if there is an objection, it can be negotiated or litigated.

If you don't pay the ground parking fee, is it legal for the property to not let the owner's car into the community?

1. According to the laws and regulations of our country, it is illegal for the property company not to let the owner's car enter the garage, and the owner has the right to drive the car into his garage after purchasing the garage. However, whether it is disputed or not, the property fee needs to be paid by Qingpai, and if there is any objection, it can be negotiated or litigated.

2. Legal provisions: Article 274 of the Civil Code of the People's Republic of China [Ownership of Roads, Green Spaces, etc. in Building Divisions] Roads in building divisions belong to the owners in common, except for urban public roads. The green space within the building zoning belongs to the owners in common, except for the urban public green space or the individual that is expressly indicated.

Other public places, public facilities and property service rooms within the building zoning belong to the owners in common. Article 275: [Ownership of Parking Spaces and Garages] Within building zoning, the ownership of parking spaces and garages planned for parking cars is to be agreed upon by the parties through methods 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.

Article 276: [Primary Use of Parking Spaces and Garages] Within building zoning, parking spaces and garages planned for parking bucket vehicles shall first meet the needs of the owners.

No parking fees.

Do not allow cars to enter the community.

Hello, is it reasonable not to pay parking fees and not let you enter the community, you need to see the property service agreement, and you need to pay parking fees for general parking.

Ground parking fees.

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 purchased commercial house, and the parking space is only an accessory to the commercial house, and the commercial house owned by the owner of the community is the owner of the property right, and the common building in the community is the right to co-ownership and joint management.

Legal analysis: If the property management company refuses to let the owner enter the community on the grounds that it has not paid the parking fee, its practice is equivalent to infringing on the property rights of the owner. The owners may set up a Owners' Relics Elimination Association, and other important matters such as the right to joint and co-management may also be jointly decided by the owners. The decision of the general meeting of owners or the owners' committee is binding on the owners.

For the internal management matters of the community, it should be necessary for the owners' general meeting or the committee to make a decision in accordance with the provisions of relevant national laws and regulations, and this decision is binding on all owners. If a small number of owners believe that the decision of the owners' general meeting infringes upon their legitimate rights and interests, they may file a lawsuit with the people's court in accordance with the provisions of the relevant laws and regulations. The part of the land use fee in the parking posture leakage fee shall be paid to the person who enjoys the right to use the land in the parking lot.