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If the property in the community does not apply for a monthly parking card, it can be dealt with by the police. The owners' committee shall enter into a written property service contract with the property management service enterprise selected by the owners' general meeting. The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc.
If the property does not give a monthly card for the underground parking lot, this is legal, because the ownership of the underground parking lot is the developer, and the developer can have the right to stipulate the way of only selling and not renting. If the property does not give a monthly card for the above-ground parking lot, it can only be temporarily parked, which is illegal. Since the ownership of the above-ground parking lot belongs to all the owners, whether there should be a charge in the above-ground parking lot, and the ownership and distribution of income are decided by the owners through the owners' general meeting, not the property decision.
The property of the community has rules and regulations for the owners, the owners must implement the requirements of the property, pay the property fee is the minimum, the property does not give the owner parking fees, the owner feels unreasonable can go to the owners' committee to complain, and the owners' committee to find the property according to the rules and reasonable solutions can not be solved can go through legal procedures.
Is it legal not to pay the property fee and not give a parking space?
1.If the owner is not satisfied with the management or service of the property management company, he can complain to the property management office where the community is located, and the relevant department will investigate the property management company that is being complained about.
2.As a property management company, if the owner does not pay the property fee, the property management company can take legal means or other methods to collect the property fee, and cannot not not give the elevator control card. Therefore, if the landlord does not pay the fee, the property management company can sue the landlord according to the property service contract.
Legal basis
Property Management Regulations
Article 32 Enterprises engaged in property management activities shall have independent legal personality. The competent administrative departments for construction, in conjunction with relevant departments, shall establish mechanisms for joint incentives for trustworthiness and joint disciplinary action for untrustworthiness, to strengthen the management of creditworthiness in the industry.
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If the property service company refuses to handle the monthly parking service for the owner, the owner can take the following measures to complain and protect his rights:
1.If you find the manager of the property company, you can directly find the manager of the property company to complain.
2.Find the street office where the community is located, and the street only has the right to accept and assist in handling property incidents.
3.Find the Property Management Division of the Housing Authority, which is a department that directly supervises and manages the property company within its jurisdiction.
4.Find the developer, the owner can complain to the developer and ask the developer to come forward to negotiate.
5.Owners can protect their rights through legal means by filing a lawsuit in court.
In short, owners need to adopt legal and compliant methods in the process of protecting their rights to avoid unnecessary troubles and losses. At the same time, the owner can also seek the best way to solve the problem by negotiating and communicating with the property service company.
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Summary. 12345 government service convenience for the people** (referred to as 12345**), refers to the public service platform set up by various cities to accept **12345, mayor's mailbox, mobile phone SMS, mobile phone client, Weibo, WeChat, etc., providing "7 24 hours" all-weather manual service. 12345** can improve the level of service for the people, promote administration according to law, innovate social governance, and safeguard the legitimate rights and interests of natural persons, legal persons and other organizations.
Hello, I am a cooperative consulting lawyer, I have received your question, I need a little time to answer, wait a minute.
12345 is the mayor of every city in the wild city, you can call**or log in** to write a letter to reflect the lack of tomb, and then the relevant departments will deal with it for you.
12345 citizen service ** is based on the public wheel scum government service ** too much, in order to facilitate the memory of the public, so the key has been quietly adopted in all provinces and cities across the country to merge the service ** unified access to 12345, and then through the 12345 ** center root and according to the specific situation needs to be transferred and formed**.
You can also try to call 12345 to complain, 12345 accepts business within the scope of the rubber ruler, as long as it is seeking truth from facts, and Clan Rubi is not fabricating facts and other malicious acts, 12345 can be called casually, until you are satisfied; Of course, 12345 does not accept those within the scope of business, and it will not solve the problem;
Dial 12345 to let the world affairs **pay attention to the rock slip form: the call needs to be cleaned of facts, and leave the real name contact** and other relevant information. If the matter of the appeal involves the scope of the judicial organs, feedback may also be given to the petition department of these units, or a rough response may be made to the department at the level above.
12345 government service convenience for the people** (referred to as 12345**), refers to the public service platform set up by **12345, mayor's mailbox, mobile phone SMS, mobile phone client, Weibo, WeChat, etc., which is specially accepted by the city, and Sakura provides "7 24 hours" all-weather manual service. 12345** can improve the level of service for the people, promote administration according to law, innovate social governance, and safeguard the legitimate rights and interests of natural persons, legal persons and other organizations.
Dear, this kind of problem can directly hit the mayor **** to complain, it is very effective!
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Legal Analysis: Specific analysis of specific issues. First of all, it depends on the nature of the parking space in the community, if it is the property right parking space of the developer, the owner has not purchased the parking space, and the property has the right to prohibit the owner from entering the community to park.
If it is a public parking space, the ownership of this kind of parking space belongs to all owners, so if the property prohibits the owner from parking, he can call the mayor ** to complain or go to the local Ministry of Housing and Urban-Rural Development to complain.
Legal basis: Article 50 of the "Property Management Regulations" Owners and property service enterprises shall not occupy or excavate roads and sites within the property management area without authorization, harming the common interests of the owners. For the purpose of repairing the property or the public interest, the owner really needs to temporarily occupy or excavate the road or site.
The consent of the owners' committee and the property management service enterprise shall be obtained; If a property management service enterprise truly needs to temporarily occupy or excavate roads or sites, it shall obtain the consent of the owners' committee. Owners and property management service enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit.
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Legal analysis: 1. The behavior of indiscriminately charging parking fees in the community is illegal, and you can directly report it to the Price Bureau to request intervention and investigation. 2. Sue to the court to protect rights 3. Negotiate with the community to solve, if the negotiation does not work, and then complain to other departments, if you want to sue, first of all, you must come up with evidence that the property charges so many parking fees are unreasonable, and it is not feasible to just verbally say that it is unreasonable.
Legal basis: Article 274 of the Civil Code Roads within the construction 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 275 of the Civil Code: Within the building zoning, the ownership of parking spaces and garages planned for parking cars shall 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.
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I am very happy to answer for you, dear, if the actual situation is consistent with the description of the property, you can not force the property to handle it for you, you can first understand the specific situation of the parking space in the community. If the actual situation does not match the description of the property, and the property staff has deceived the staff, etc., you can choose to complain. You have the following ways to make a complaint:
1. If you find the manager of the property company, you can directly find the manager of the property company to complain; 2. Find the street office where the community is located, and the street only has the right to be purely stopped and assisted in dealing with property incidents; 3. Find the Property Management Department of the Housing Management Bureau, which is the department that directly supervises and manages the property company within its jurisdiction.
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Summary. The property can be said like this: it is not that we do not allow parking, it is the owner who does not pay the fee, and we are also forced to do nothing, if you can pay in time, you will definitely let it enter and exit and park normally.
Out of our concept of serving the owners, we can make an exception for you to park in today, but pay the fee quickly after parking, otherwise you won't be able to enter tomorrow, and it is not easy for me to deal with it, it is all controlled by the system, and we are not easy to change.
The owner has not paid the property service fee, the property does not allow parking, the owner complains, how can the property reply.
Hello, I am a legal consulting lawyer of the platform, I am reading your question, please wait for me a little longer
Hello. Hello.
I want to get an answer sooner.
Thank you. Okay, I'll organize the language here.
Thank. Trouble a little faster.
The property can be said like this: it is not Qingmin that we do not allow parking, it is the owner who does not pay the fee, and we are also forced to do nothing, if you can pay in time, you will definitely let it enter and exit and park normally. Out of our concept of serving the owners, we can make an exception for you to park in today, but pay the fee quickly after parking the car, otherwise you can't get in tomorrow, and I can't deal with the answer branch here, which is controlled by the system, and we are not easy to change.
Good. Uh-huh.
The owner's failure to pay the property service fee is not only a violation of the property service contract, but also an infringement of the interests of other owners who pay the fees on time, and an infringement of the common interests of the owners by Soxun. Therefore, if the owner fails to pay the property service fee within the time limit, he shall bear the corresponding legal responsibility.
Parking is also included in the strata fee.
You can also talk to the landlord about the contract, and if the landlord does not pay the strata fee in time, we can take legal action against the landlord.
Article 64 of the Property Management Regulations: If the owner fails to pay the property service fee within the time limit in violation of the property management service contract, the owners' committee shall urge him to pay the balance within the time limit; If the payment is still not made within the time limit, the property management service enterprise may file a lawsuit with the people's court.
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