Regarding property management, the property management party collects parking fees in the public are

If it is a ground parking space planned by the community, it should belong to the operating income of the property management company, and if it is a public road or other place that is not used to park vehicles, the parking fee should be negotiated with the property committee on how much the fee is charged and how to deal with the fee (whether it is to supplement the property fee or used for other expenses of the owner, etc.), because the fee collected should belong to all the owners, and if there is no general meeting of owners, the property management company will manage it on behalf of the owner. For details, please refer to Chapter VI of the Property Law on the relevant policies on parking spaces to avoid disputes.

The first sentence of ztlj527 "The ground parking space planned by the community belongs to the operating income of the property company" is incorrect. Even if you have local regulations that it can be rented out as the developer's property, the property company will only get what it can get in return for the developer's services in managing the ground parking spaces. It is only a small part of the cost of parking rental.

It should not be confused with the gross revenue from the parking space. In the same way that the income of the company's employees cannot be confused with the company's income. In this case, the property is working for the property owner, the developer.

According to the spirit of the property law, the income from immovable property belongs to the property owner. The property company does not have "a little" of his real estate in any community.

Our neighborhood here is just foolishness!

This is not legal.

According to the Law of the Chinese People on the Rights of the People

Article 70 The owner shall enjoy the ownership of the exclusive parts of the building, such as residential and commercial 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. 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 73 Roads within building zoning shall be jointly owned by the owners' offices, except for those that belong to urban public roads. The green space in 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 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 ground parking space of the community is a property ancillary facility built by the developer in accordance with the administrative plan, and in fact, there is no building, which is essentially a land use right and cannot be registered for property rights. After the developer transfers the commercial housing to the owner, the land use right within the construction area belongs to all the owners. Therefore, the rights and interests of surface parking spaces belong to all owners as ancillary facilities, and their nature is no different from the nature of other public ancillary facilities.

Legal basis

Article 274 of the Civil Code, the roads within the building zoning belong to the owners in common, except for the 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 buildings in the building zoning belong to the owners in common.

Summary. The property rights of the open above-ground parking spaces belong to all the owners and are jointly used by the owners and are free of charge. This type of parking space mainly refers to the parking space formed by standardizing parking by marking out parking spaces on the ground on the ground.

When the owner buys the house, he has the right to use the land of the community, which means that the right to use the land of the community belongs to all the owners. Therefore, the developer or the property has no right to dispose of the planned parking spaces on the land owned by the owner.

Dear, I helped you find out the problem of charging parking management fees in the unit community <>

If it is negotiated with the owner of the business and the owner's consent is obtained, it is legal to collect the management fee. If it is a property company, it is illegal to take the management without consulting with the owners' committee. There are generally two kinds of parking fees in the community, one is the taxi land use fee, and the other is the management fee.

The property rights of the open above-ground parking spaces belong to all the owners and are jointly used by the owners and are free of charge. This type of parking space mainly refers to the parking space formed by standardizing parking by marking the ground on the ground and shooting out the parking space. When the owner buys the house, he has the right to use the land of the community, which means that the right to use the land in the community belongs to all the owners.

Therefore, the developer or the property has no right to dispose of the planned parking spaces on the land owned by the owner.

Extended information: The public open space in the community is not a saleable area, some developers draw a line on the public open space at will and sell it to the owner, and some rent it out on a monthly basis. But in fact, because the land use right of the community belongs to all the owners, the developer does not have the right to open above-ground parking spaces.

To sum up, it is an unreasonable practice, dear.