Does the property have the right to charge parking fees?

Question 1: Does the property management company have the right to charge parking fees? I think so. Some communities hire property management companies to manage them, and property management includes parking management, so it’s understandable that they manage parking spaces.

In our community, we buy our own parking spaces. If we don’t have parking spaces, we have to pay parking fees. It’s a lot of money per day. I emphasize that there are parking fee invoices, so this is theirs to the property management company. Income must be paid to taxes...

Since it is their income that can be used by themselves after deducting taxes, it can be used to improve public facilities or provide employee benefits.

Question 2: Should the property management charge owners parking fees? Should they charge them? Is it reasonable?

Question 3: Does the property management have the right to charge parking fees? First, look at the property ownership of the parking space. If it belongs to the developer, then the property is only managed. If it is all the owners, it will be provided with supporting facilities (see whether there is an agreement on the parking space in the original purchase contract); after the property rights are confirmed, the property will charge parking space fees, strictly In a sense, it should be the maintenance and management service fee of the parking lot, including cleaning, lighting, and order maintenance. This part of the income is also used for the daily maintenance of the parking lot, which should be stipulated in the property service contract.

Question 4: Can the property charge parking fees? 150 points If the property charges parking fees, it needs to apply for a charging permit from the local price management department.

You can first check whether the property has applied for a charging permit

Question 5: Should I pay the property parking fee? 10 points 1. The nature of the parking fee

In fact, no matter what kind of parking fee, there are basically only two properties: one is land use fee; the other is storage fee;

Parking occupies a certain land area, so the corresponding land needs to be paid At the same time, parking lots often require professional management to protect the safety of parked cars and form a custody contract relationship with car owners, who need to pay storage fees.

The land use fee part of the parking fee should be paid to the owner of the land, that is, the person or unit that enjoys the right to use the parking lot land. This is a manifestation of its right to earn income from the land. The storage fee part of the parking fee should be paid to the person or unit that takes custody of the parked vehicle, which is the consideration for providing custody services.

Although these two types of income appear in the name of parking fees, they are actually based on different sources. To understand the issue of parking fees in the community, we must first distinguish who has the land use rights and who provides car services. Understanding this difference, we can clarify the ownership and distribution of parking fees, otherwise it will just be a mess.

2. Land use rights in community parking lots

Before the housing in the community is sold, the developer shall enjoy the land use rights. After the house is sold, all owners should enjoy the land use rights, not the developers. Some developers deliberately confuse the concept, saying that they only transfer the land occupied by the house to the owner, but the parking lot is still owned by the developer. In addition, the relevant property rights laws and regulations on real estate are not perfect, so most owners cannot explain clearly.

In fact, it is not who has the final say, but it should depend on whether the owners of the community have paid the corresponding transfer price.

Take Beijing as an example. Every inch of land in Beijing is really precious. The land transfer fee is not calculated based on the land area, but based on the building area of ??the property. The house has not been built yet, but every square meter of the house has already been paid. The land cost was more than 1,000 yuan. The so-called land cost is not the cost of the land occupied by this building or that building, but the cost of the entire planned construction area. In other words, the entire land cost of a community has been spread to every square meter of construction area of ??the built houses.

In other parts of the country, the transfer fee is also calculated based on the area of ??the land. The principle is the same. When the developer sells, the entire land acquisition cost is calculated as the cost of the property. There has never been a case where only the construction cost is calculated. The land occupied by the property itself is included in the cost, because then the developer would have already lost money.

So no matter where they are, when the owners pay the purchase price, they also pay the transfer cost of the entire community parcel. Correspondingly, the use rights of the community land are transferred to all owners.

This is the basic principle of property rights law. However, because China has not yet introduced property rights law, some developers are fishing in troubled waters. Some say that they only sell houses but not land, and some require that the land in the community be transferred to the property in the house sales contract. The ownership, the right to use the exterior wall, the right to use the advertising space, etc. are reserved to the developer. The purpose is very simple, that is, after selling these properties to the owners secretly, they can then sell or rent out the properties of these owners openly - to make money again. The huge profits and shady nature of real estate can be seen clearly.

Due to insufficient legal provisions, when approving parking lots, no matter how many or how long the community owners have stayed, the *** department still regards the developer as the property owner and the developer’s land use certificate as the owner. The property ownership certificate for the site shall be the developer's power of attorney as proof of the property owner's entrusted operation. Generally, with these materials, you can go through the parking lot approval procedures. The real property owners, all the owners of the community, often neither know nor have the ability to control it. This reality undoubtedly infringes upon the interests of the entire industry again and again.

3. Distribution of income from parking fees

Once it is confirmed that the land use rights in the community belong to all owners***, it should be confirmed that the income from the land use rights also belongs to the owners*** . Parking fees are a type of land income. Should they belong to all owners?

Still taking Beijing as an example, the "Beijing Ordinary Residential Community Property Management Service Fee Standards" stipulates that when residents store their motor vehicles, they will be charged 210 yuan per month for large vehicles and 150 yuan per month for small vehicles. The property management company pays the parking fee. If an owner lives in an ordinary residential area and his house is less than 100 square meters, his monthly parking fee is even more than the property management fee. There is almost no cost to operate ground parking, and there is a lot of profit from parking fees. Therefore, as long as the property management company can go through the approval procedures for parking lot operations, it will make a fortune.

Regarding the owner’s question,...>>

Question 6: What authority does the property have to charge parking fees? Yes, but it requires the approval of the owners' meeting.

According to Article 55 of the "Property Management Regulations", those who use the most common parts of the property and the most common facilities and equipment for business operations shall obtain the consent of the relevant owners, owners' conferences, and property service companies. After agreeing, go through the relevant procedures in accordance with the regulations. The income earned by the owners should be mainly used to supplement special maintenance funds, or can also be used according to the decision of the owners' meeting.

Question 7: Whether the property company has the right to charge parking fees in the community? First, look at what the property charges are. If it is management fees and the fees are low, it can be understood as the additional personnel costs for parking by the property. This Fees may be charged.

If the property is zoned and charged for parking, it is illegal. According to the property rights law, the public areas in the community belong to all residents, and the property management company has no right to charge other fees except necessary management costs

Question 8: Does the community property have the right to charge parking fees? I am A property worker. I will now give you a breakdown from a neutral perspective, hoping it will be helpful to you; 1. You should make it clear whether there is a parking fee stipulation in the preliminary property service agreement. If there is such a stipulation, you must abide by it. If not, does the property charge vehicle parking spaces with the consent of the owner? Generally speaking, the property charges vehicle care fees instead of parking fees (there are also parking fees). The purpose of property charging parking fees generally has two purposes: one is to make profit; Parking fees are used to make up for the lack of property fees and other expenses; the second is to facilitate vehicle management in the community and maintain public order in the community. Personally, I think it is possible to organize some owner representatives and property management representatives to coordinate whether the parking fee can be exchanged for the care fee. The care fee is responsible for the care of the vehicle. The money paid by the owner is not in vain, so the parking fee will not be responsible for this.

< p> Question 9: Is there any legal basis for property owners to charge parking fees? Generally speaking, parking lots are mainly above ground and underground. Underground parking lots are generally not allocated to owners. They are assets retained by the developer, and parking fees are reasonable. The above-ground parking lot is the area owned by the owner, not a single owner, so the fee is reasonable, but this fee should belong to the owner.

The public area of ????the community is shared by all owners. Therefore, the parking fees collected by the property management company should be included in the property maintenance fund or used for the maintenance and update of public facilities. Therefore, the property owners committee has the right to ask the property management company to return the parking fee. Of course, the costs incurred by the property management company during the management period should be deducted.

Article 70 of the "Property Rights Law" The owner shall have ownership rights to the exclusive parts such as residences and commercial buildings in the building, and shall have the right to own and own the exclusive parts other than the exclusive parts. ***Rights with management.

Article 72: The owner shall have rights and assume obligations with respect to all parts of the building other than the exclusive parts; he shall not fail to perform his obligations by giving up his rights.

Article 74: Within building zones, parking spaces and garages planned for parking cars shall first meet the needs of the owners.

Within the building zoning, the ownership of parking spaces and garages planned for parking cars shall be agreed upon by the parties through sale, donation or leasing.

Occupying parking spaces on roads or other sites owned by the owner for parking cars belongs to the owner.

Please refer to: Is it reasonable for the property owner to unilaterally charge parking fees? 055110/fc/4/141

Question 10: Does the property management of the peripheral roads of the community have the right to collect parking fees? Peripheral roads are not within the scope of community management, and the property management has no right to protect your car. According to the regulations on residential construction, 5-10 meters of public roads need to be reserved around the construction property, and public roads belong to public places. In this way, the traffic police may fine you for illegal parking, but the property management company will not charge you for parking.

I hope it helps. People wearing camouflage uniforms are more domineering now. Peace is more important than others. This society cannot afford to hurt them.