I. Legal provisions on parking fees
Parking fee usually refers to the fee paid by the owner for using the parking space in the community. This part of the cost involves the rights and interests of the owner and the property company or developer. In China, the legal provisions on parking charges are mainly embodied in the Property Law and the Property Management Regulations.
First of all, Article 74 of the Property Law stipulates that the ownership of parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties through sale, gift or lease. This means that as a part of the property, the ownership and use right of the parking space can be determined by legal agreement. Therefore, property companies or developers have the right to charge corresponding fees when selling or renting parking spaces.
Secondly, the property management regulations also stipulate the management and use of parking fees. The property company shall manage the parking space in accordance with the provisions of the property service contract and charge a reasonable parking fee. At the same time, property companies should regularly announce the income and expenditure of parking fees to ensure that the fees are used transparently and reasonably.
Second, the legal provisions of management fees
Management fee refers to the fees charged by property management companies for providing property services, including the daily management and maintenance fees of parking spaces. The legal provisions of property management fees are also reflected in the Property Law and the Property Management Regulations.
According to the relevant provisions of the Property Law, the owner shall enjoy rights and undertake obligations for the * * part of the building other than the exclusive part; Never give up your rights or fulfill your obligations. This means that owners should abide by the relevant regulations and bear the corresponding management fees when using some parts such as parking spaces.
The Regulations on Property Management stipulates the specific use and management of management fees. The property company shall provide corresponding property services in accordance with the provisions of the property service contract, and charge a reasonable management fee. At the same time, the property management company shall ensure that the management fee is earmarked for providing property services and local maintenance.
To sum up:
Parking fees and management fees are stipulated and adjusted by law in China. Owners and property companies or developers should determine the ownership and use right of parking fees through legal agreements, and property companies should collect reasonable parking fees and management fees in accordance with the provisions of the property service contract, and ensure the transparent and reasonable use of fees. At the same time, the owner is also obliged to abide by the relevant regulations and bear the corresponding management expenses.
Legal basis:
People's Republic of China (PRC) property right law
Article 74 provides that:
In the building division, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, gift or lease.
property management regulations
Article 40 provides that:
Property service charges should follow the principles of rationality, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall, according to the charging standards for realty service formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the realty service contract.
property management regulations
Article 54 provides that:
The use of property * * * with parts, * * with facilities and equipment for business, shall obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.