Is it illegal for the property to charge for public parking spaces in the community?

Parking fees in residential areas are legal. But there are two situations:

The first category: the designated parking spaces in the planning and design, including the exclusive parking spaces in the above-ground and underground garages. This part is the exclusive part of the property owner. According to the law, the property owner can dispose of it at will. The property owner is a developer and can charge fees according to the provisions of the price bureau.

The second type: temporary parking spaces in public areas. This type is owned by all owners, and it is up to all owners to decide whether to charge or not. This part of the "parking fee" of the "property enterprise" is actually the public revenue entrusted by the owners' committee. Except for service charges (such as setting gates, marking lines, maintaining parking order, etc.). ) and a reasonable profit (the state stipulates that it should not exceed 5% of the total income), it should be owned by all owners.

This part of the income should be used for maintenance or community construction, but due to the lack of supervision of public income, this part is either used by property companies to subsidize the loss of property fees, or occupied by owners' committees and properties.

Chapter VI of the Property Law:

Differentiated Ownership of Owners' Buildings Article 70: Owners shall have the ownership of exclusive parts such as houses and business premises in the building, and have the right to jointly manage the parts other than the exclusive parts.

Article 71 The owner has the right to possess, use, profit from and dispose of the exclusive part of his building. The exercise of rights by owners shall not endanger the safety of buildings or damage the legitimate rights and interests of other owners.

Seventy-second owners of the building outside the exclusive part of the * * * part, enjoy rights and obligations; Never give up your rights or fulfill your obligations. When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.

Seventy-third roads within the building division belong to the owners, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express individuals. Other public places, public facilities and property services within the building division belong to the owners.

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners. Within the building zoning, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, donation or lease. Parking spaces that occupy roads or other venues owned by the owner for parking cars belong to the owner.

A residential planning is actually divided into three parts: 1. It all depends on the developer. 2. The owner is exclusive. 3. The owner * * * has it. The parts belonging to the developer are: houses that have not been sold to the owners, exterior walls and roofs owned by the developer through contracts; Proprietary parts of the owner include: purchased house, green land clearly owned by the owner through contract, name, etc. ; The parts belonging to the owner include: roads, green spaces, public facilities and property service rooms within the building division.

Therefore, if the parking spaces in the community are occupied by the public parts of the community, the property service enterprises need to obtain the consent of the owners' committee before they can collect fees, otherwise the property service enterprises have no right to collect fees. However, the parking fee of the residential area cannot exceed the maximum amount of property service fee stipulated by the local price department.

The owner can obtain the developer's planning permit in the housing management, construction planning and other departments to judge whether the parking space in the disputed community belongs to the owner.

It can be said that whether the parking space in the community should be charged depends on whether the parking space is within the planning scope. Parking spaces and garages planned for parking in the building area belong to the developer. Parking in a parking space with roads or other places belongs to the owner.