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There is no right to charge for public parking spaces in the community. This is due to the fact that the property rights of the public parking spaces on the ground belong to the owners of the community, and the property has no right to charge privately, and if you need to charge a fee, you also need to apply to the community owners committee. The application fee is also used to maintain public facilities.
1. According to the relevant provisions of the Property Law, it is necessary to understand that the ground parking space belongs to the public place and should belong to the owners of the entire community.
2. What is the specific standard of property fees, and what is the purpose of collecting funds?
There are also two kinds of ground parking spaces in the community, and the part that belongs to all owners is the parking space set up on the road or site in the community. , and the separately planned parking lot also does not belong to the owner, mainly depending on the overall planning of the community, the shared area and the common area are not a concept. If the owners' committee agrees to the fee, it also depends on how the fee is received, and if it is the use of the community road, it is reasonable to charge a monthly vehicle management fee for the parking lot set up on the site, and this fee belongs to all owners.
In fact, the parking space fee is also convenient for maintaining the order of the community, and the parking space fee is charged, and it is more fair and reasonable for all owners to share. If parking is free in the community, it is unfair to owners who do not have a car. In this way, the owner of the car enjoys the rights and interests of all the owners.
This situation is easy to cause chaos in the parking order of the community.
According to Article 54 of the "Property Management Regulations", those who use the common parts of the property and the common facilities and equipment to operate shall go through the relevant formalities in accordance with the provisions after obtaining the consent of the relevant owners, the owners' general meeting and the property management enterprise.
According to Article 73 of the Property Law, the roads, green spaces, public facilities and property service buildings in the community belong to the owners in common. Article 74 stipulates that the occupation of a parking space on a road or other site jointly owned by the owners for parking cars shall be owned by the owners. Therefore, the property is also not entitled to charge parking fees.
After being authorized by the construction unit, the property management company can collect parking fees from the owner on behalf of the construction unit, but the parking fee standard at this time is not determined by the property, and is specifically agreed by the owner and the construction unit in the contract.
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If the parking space belongs to the owner, the property has no right to charge, otherwise it can be charged.
The legal basis is the Property Law of the People's Republic of China
Article 74.
Within the building zoning, the 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.
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Depending on how your property is regulated, you should consult with the person you are moving in before buying a houseHalf of them are to be collected.
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That depends on how your property is regulated, and you should consult before buying a house.
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It depends on the property rules you have.
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The parking fees in the complex are legal and reasonable. Parking fees in the complex are legal. But there are two cases:
The first is the special parking spaces specified in the planning and design, including above-ground exclusive parking spaces, underground garages, etc. This part is the exclusive part of the property owner, and the property owner can dispose of it at will according to the law.
prescribe charges; The second is the temporary parking space in the public area, which is owned by all the owners, whether it is charged or not, and how much it is up to all the owners to decide. This part of the "parking fee" of the property management enterprise is actually a public revenue collected by the tenants' committee, which should be jointly owned by all owners in addition to the service costs (such as setting up barriers, marking lines, and the wages of personnel maintaining parking order, etc.) and reasonable profits (no more than 5% of the total income stipulated by the state).
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Summary. The general community will charge a parking space management fee, if the parking space management fee is charged, there is no need to pay the property fee for the parking space. If there is no parking space management fee in the community, the parking space will have to pay the property fee separately, and the property fee of the general property right parking space will be paid together with the house.
The usual parking space management fee is cheaper than the strata fee.
Do I need to pay a management fee for the ground parking space in the community?
The general community will charge a parking space management fee, if the parking space management fee is charged, there is no need to pay the property fee for the parking space. If there is no parking space management fee in the community, the parking space will have to pay the property fee separately, and the property fee of the general property right parking space will be paid together with the house. The usual parking space management fee is cheaper than the strata fee.
Do I need to pay a management fee for public parking spaces on the ground of the community?
There is no right to charge for public parking spaces in the community. This is due to the fact that the property rights of the public parking spaces on the ground belong to all the owners of the community, and the property has no right to charge privately. Even if there is a fee, the consent of the owners' committee is required.
In other words, public parking spaces do not have to pay parking space management fees, and the property has no right to charge the owner any fees for public parking spaces.
Yes. There is no right to charge privately.
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The parking fee for the ground parking space in the community is not authorized by the property owner and has no right to collect it privately. Article 54 of the "Property Management Regulations" stipulates that those who use the common parts of the property and the common facilities and equipment to operate shall go through the relevant procedures in accordance with the regulations after obtaining the consent of the relevant owners, the owners' general meeting and the property management service enterprise. The income obtained by the owners shall be mainly used to supplement the special maintenance funds, and may also be used in accordance with the decision of the general meeting of owners.
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1. Does the parking space property on the ground of the community have the right to charge parking fees?
1. The parking space on the ground of the community has the right to charge parking fees. The part of the land use fee in the parking fee should be paid to the owner of the land, that is, the person or unit who enjoys the land use right of the parking lot, which is the manifestation of his right to benefit from the land. The storage fee part of the parking fee shall be paid to the person or unit who keeps the parked vehicle, which is the consideration for providing the storage service.
2. Legal basis: Article 273 of the Civil Code of the People's Republic of China.
The owner has rights and obligations for the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance.
When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.
Article 274.
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.
2. What are the methods for reporting unreasonable parking fees in the community.
1. The community can complain to the consumer association about the illegal collection of parking fees;
2. If the community charges illegal or high parking fees and does not compensate for the loss after negotiation, it can be reported to the local property management department, price bureau or housing authority;
3. You can call 12345 citizens** or 12315 consumer complaints** to complain.
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Now there is no rule that says whether the property can be collected or not, and under normal circumstances, the property is charged.
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It depends on the specific situation, in general, the charge is probably yes, the key is how the money collected should be handled.
First, first clarify who owns the land use right for parking in the community?
1. If the developer has been separately approved by the relevant departments and used as a commercial parking lot, then the area can be used for business, because its right to use is not the owner.
2. Some areas (including roads and green branches and beams) are shared by the owners of the community. The decision on whether or not to charge for parking in this common area is in the hands of all owners or the elected community owners' committee.
2. Even if the parking land belongs to all the owners, some of the owners have one or more cars, and some people do not have cars at all.
1. It is impossible not to take a fee, which is unfair to owners without cars;
2. The key is how to set the charging standard? What to do with the money collected!
In short, the parking fee charged is determined by all the owners, and the property service company has no right to swallow it! If all the owners agree to entrust the property management service company to collect parking fees, all parking fees shall belong to all owners except for the entrustment fees.
If the property management company has a loss in operation and wants to make up for it with parking fees, it is also the property management company to negotiate with the property management committee, and the property management committee will decide whether to subsidize the property management company. If the property committee agrees to the subsidy, the property management company can be required to regularly disclose the income and expenditure to the owner, so that the owner knows where the parking fee is used, such as the daily maintenance expenses of the community, and the property company has increased the manpower and facility funds for the community to provide services to maintain the parking order.
The police station is generally not responsible.
For the "zombie car" that fails to pay the parking fee on time, and at the same time cannot contact or inquire about the owner or vehicle information, if the vehicle may have a fake license plate, occupy the road and park illegally, and reach the mandatory scrapping period, the property company can seek the traffic police department to deal with it. >>>More
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One. The car was scratched by both parties, and it was necessary to call the police to deal with it, and the traffic police would issue a letter of responsibility when they arrived at the scene. Then, according to the liability determination, call the insurance company to report the case. (If only one party is fully responsible, only the fully responsible party needs to report to the insurance company that the case is insured). >>>More
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It is definitely not, because the electricity in the community belongs to all the owners, and cannot become the welfare of a few people, and the property personnel should stop this behavior and take the form of charging to manage the safe charging of trams.