Is there a charge for the owner s vehicle to enter the community for temporary parking?

The general community is needed. There is no additional charge for the owner's car to be parked in his or her own parking space, but the vehicle needs to be registered in advance.

If there is no parking space for temporary parking, it needs to be implemented in accordance with the property regulations of the community, and it is generally necessary to pay a fee.

The owner's vehicle enters the temporary parking area of the community, I don't think there is a need to charge, because the temporary parking area is a place for the owner to park, and it is a bit unkind if you charge an additional fee.

The owner's vehicle enters the temporary parking space of the community, which also needs to be charged, because these parking spaces are managed by the property management company, and the property can charge the owner for parking.

If the owner's vehicle enters the complex for temporary parking, there is no need to charge, because it has certain discounts.

The property has very strict regulations, and if the provisions of the regulations are that the owner's vehicle is also charged for temporary parking in the community, then it must be charged.

This is a fee, knowing that you need to be charged when you enter this community, if you park temporarily, you can park your car outside, you don't need to enter the community.

Both the owner and the outside vehicle have to be charged, and usually the owner will charge less.

There should be no parking fees in the community, and you are the owner!

Do you know the law? What do you want a property company for? Community parking management is also the obligation of the property company! Why do you charge the owner for temporary parking???

Legal Analysis: Reasonable. The parking fee standard in the community is not within the scope of the first price, and the first pricing management is not implemented, but the market adjustment price management is implemented, and it does not need to be reviewed or filed by the competent department. Therefore, it is legal for the community property to charge temporary parking fees.

Legal basis: Article 7 of the "Property Management Regulations" shall be resolved through negotiation between the operator and the recipient of the service, and shall be determined by way of contract. During the pre-property service period, the developer selects and hires the property service company through bidding, and the two parties clarify the parking management method, charging standard, charging attribution and other issues in the service agreement.

After the establishment of the community business committee, it shall be voted by the general meeting of the owners of the community or the representative meeting of the owners, and the property service contract with the property service company shall be signed to clarify the subject of charge, the object of charge, the charging period, the charging standard, the charging management, etc.

If the property in the community collects parking fees for socks or parking hours, it shall provide the documents entrusted by the owners' general meeting to collect fees; Otherwise, the charge is not legitimate. The main basis is as follows:

1. According to Article 2 of the ** Law, "this Law shall apply to the ** acts that occur within the territory of the People's Republic of China." For the purposes of this Law, the term "** includes goods ** and services**. Commodities refer to all types of tangible products and intangible assets.

Service** refers to the charge for all kinds of paid services"; It shall be referred to as "parking service fee" in order to apply the provisions of relevant laws and administrative regulations. In accordance with the provisions of Article 10, the operator shall improve the internal management system, accurately record and verify the cost of services, and shall not engage in fraud.

2. The provisions of Article 43 of the "Property Management Regulations" and Article 9 of the "Provisions on the Clearly Marked Price of Property Service Charges" shall apply to the parking service charges in the community, which stipulates that "the property management enterprise shall provide services other than those agreed in the property service contract entrusted by the owner, and the charging standard shall be clearly indicated to the owner in an appropriate manner after the agreement between the two parties". However, the parking service charges in the community are special, and the service costs and service fees have been included in the property service group fees, which are shared by all owners according to the construction area of the residence; Therefore, the parking service fee in the community should be used to compensate the owner.

3. If the parking space belonging to the community shared by the owners needs to solve the practical problem of how to share the benefits of the owners of the shared parking spaces and garage investments, it shall follow the provisions of Article 275 of the Civil Code, which "shall be agreed by the parties through **, gift or lease", and the owners shall jointly decide on the use of the shared parking spaces, adopt the method of separation of ownership and use rights, and entrust the property service provider to agree on the charges with the residents (including residential owners or users) who need to use the parking spaces, and implement the paid acquisition of the right to use the parking spaces. Realize the benefits shared by all owners. The matters concerning the use of parking spaces jointly decided by the general meeting of owners shall be publicized and included in the management regulations.

Make suggestions in accordance with laws and regulations, hope to help friends, like.

If the property provides the service according to the agreement with the owner, the relevant fee can be charged. Article 2 of the "Measures for the Administration of Property Service Charges" The property service charges mentioned in these measures refer to the fees charged to the owners by property management enterprises in accordance with the provisions of the property service contract for the repair, maintenance and management of houses and supporting facilities and equipment and related sites, and the maintenance of environmental sanitation and order in the relevant areas. Therefore, the property can charge a fee for the management of the parking space in the community.

Extended Information Owners can defend their rights against illegal charges charged by property management companies. If the property in the community collects parking fees without the consent of the owner, it is an act that infringes on the legitimate rights and interests of the owner. Because, the property to charge parking fees, should be decided by the owners' meeting or the Yeqiao Blind Committee, and then the owners' committee entrusts the property to collect parking fees on behalf of the property, and the property can also obtain relevant services and maintenance fees.

In property management dispute cases, the owners' committee may file a lawsuit as the plaintiff if the public interest of the owners is involved. However, in judicial practice, there are generally two views on whether the owners' committee can file a lawsuit as a plaintiff for disputes over the ownership of buildings and property management disputes: one view recognizes the litigation capacity of the owners' committee, but when it comes to arbitration or litigation, it is considered that it should be authorized by the owners to form a trusting relationship before applying for arbitration or participating in litigation; Another view is to recognize the status of the owners' committee as an independent subject of litigation.

I agree with the second point of view. According to Article 78 of the Property Law, the decision of the general meeting of owners or the owners' committee shall be binding on the owners. In addition, according to article 48 of the Civil Procedure Law, citizens, legal persons and other organizations may be defeated as parties to civil proceedings.

Owners' committees do not belong to the category of citizens or legal persons, but according to Article 40 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, other organizations refer to organizations that are legally established, have certain organizational structures and assets, but do not have the status of legal persons. Therefore, as far as the owners' committee is concerned, as the executive body of the owners' meeting, it is elected and established by the owners' general meeting, and is registered with the district and county people's real estate administrative departments and sub-district offices and township people's ** where the property is located, and is established in accordance with the law. As the executive body of the owners' general meeting, the owners' committee represents the common interests of all owners, reflects the wishes and requirements of the owners to all parties in the society, and may handle matters involving the common interests of the owners on behalf of all owners.

Expert: Consent should be obtained from the owner.

Hello, if the parking place is planned to be a parking space, the property can charge temporary parking spaces, and the relevant charging standards can be consulted with the local price bureau.

1. Is it reasonable for the property to charge the owner temporary parking fees?

1. The property collects reasonable temporary parking fees from the owners. 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.

Whether the parking fee is legal in the community needs to be divided into situations, and the roads, green spaces, public facilities and property service houses in the community belong to the owners in common.

When the owner buys the house, he also buys the shared area, which includes all the non-private area within the red line of the residential building, and the parking space is also among them. The property does not have the right to use the pooled area for profit. However, the property reserves the right to charge a service fee.

So this question is to discuss: 1. What kind of fee is charged for what behavior [parking fee]? 2. If it is a service fee, what services does the property provide and how much should be charged for the owner's parking?

3. Is the service for parking included in the property fee?

Dear, it is recommended that if you have encountered a high amount of parking fees in the community, you can complain to the local property management department, call 12345 citizens** or 12315 consumer complaints**, or you can find the price bureau or housing authority to reflect. Finally, the parking fee standard of the community can be negotiated with the property through the representative of the owner's committee and agreed to the contract to avoid arbitrary charges.

The property company calculates the temporary parking fee for the owners of the community, 30 a day, if there is no agreement in the temporary management statute or the management statute, it is unreasonable, and the basis is as follows:

1. According to Article 17 of the "Property Management Regulations", "the management statute shall stipulate the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the management statutes." Management regulations shall respect social morality and must not violate laws or regulations or harm the public interest. The Management Agreement shall be binding on all Owners".

The owners shall jointly formulate the management and loss grinding regulations of the pin ruler bucket, which shall be jointly complied with and equal.

2. According to Article 22 of the "Property Management Regulations", "the construction unit shall, before selling the property, formulate a temporary management statute, and make an agreement on the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the temporary management statutes." The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of the property buyer". Owners should also be treated equally.

3. If there is no agreement in the temporary management agreement or management agreement provided by the property management company, and there is no legal basis for charging fees, according to Article 37 of the ** Law, "consumer organizations, employee supervision organizations, residents' committees, villagers' committees and other organizations and consumers have the right to conduct social supervision on ** behavior." The competent department shall give full play to the supervisory role of the masses"; In accordance with Article 38, "the competent department shall establish a reporting system for illegal acts." Any unit or individual has the right to report illegal acts".

For related questions, please refer to the article "Who owns the parking spaces and garages planned for parking cars in the trapped stove in the community".

Make suggestions in accordance with laws and regulations, I hope friends, good luck.

Legal analysis: The public parking space belongs to the owners together, and it is illegal for the property to charge community parking fees.

Legal basis: Article 942 of the Civil Code of the People's Republic of China Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, operate and manage the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners.

For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.

Legal analysis: The parking space charge in the community is legal, but the parking fee in the public area needs to be approved by the general meeting of owners in the community. 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, and the property owner is the developer and can charge according to the provisions of the Price Bureau; 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, and it should be owned by all owners in addition to the cost of services (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).

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

Article 301: The disposition of jointly owned immovable or movable property, or the major repair or change of the nature or use of jointly owned immovable or movable property, shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.