1. What is the legal basis for charging parking fees in residential areas?
Service enterprises can provide parking storage services according to the entrustment of parking space owners, and can charge parking storage service fees according to regulations.
civil law
Article 275 The ownership of the parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties concerned through sale, gift or lease.
Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.
Article 276 Within the parking spaces and garages of the main building, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.
Second, what is the dispute between the owner and the property?
The dispute between the owner and the property belongs to civil disputes, which should be handled according to Article 10 of the Civil Code. Where there are no provisions in the law, customs can be applied, but they must not violate public order and good customs. At the same time, the classification of property disputes is as follows:
1. The dispute over the property management company's recourse against the owners or users for property management fees and late payment fees. Some owners owe property management fees on the grounds of insufficient charging basis, problems left over from the previous period and low quality of property management, which is the main means of "safeguarding rights". Such cases account for the majority of property management disputes.
2. Disputes arising from the replacement of the owners' committee, owners or industry committees in hiring and dismissing property management companies, and disputes arising from the connection, withdrawal and management of property management projects. At present, such disputes are more prominent, such as the recognition of their legitimacy by the former and current owners' committees and the dispute over the transfer of related materials; The previous property management company did not quit, the new property management company could not get in, and the previous property management company did not hand over the corresponding management information.
3. The owners' committee and the property management company sue the owners to correct the disputes in violation of the owners' convention. In view of whether the owners and users abide by laws and regulations and the owners' convention and use the property reasonably and safely, the owners' committee and the property management company usually resolve disputes through prosecution when the rectification suggestions are unsuccessful.
4. Disputes caused by property management companies encroaching on the property of owners. For example, property management companies set up advertisements and base stations in elevators, roofs, external walls, facilities and equipment without authorization. , and * * * the ownership of the useful house is rented without authorization, and the parking fee for * * * the use of the site is controversial.
5. Disputes arising from service quality problems of property management companies that require improving service quality and performing management duties. Such as * * with accessories, * * with facilities and equipment repair costs, * * with housing repair costs, * * with accessories, * * with facilities and equipment maintenance fund establishment, use, management disputes, etc.
6. The owner or user requires the property manager to compensate for the property losses caused by providing special services such as custody services. For example, bicycles, electric cars and motor vehicles in the community were stolen, some were specially arranged by the property, and some were parked on the ground of the community without special care. The owner sued the property management company for failing to perform its duties and demanded compensation, which led to a lawsuit.
7. Pre-property management disputes. The disputes over property management in the early stage are mainly disputes arising from the property delivery process by developers, mainly including disputes caused by facilities, equipment, buildings and their attachments, and incomplete drawings that have not been handed over or unclear by developers. The developer failed to honor the promise of reducing property management fees and delivering supporting facilities, or there were delays in delivery and disputes over housing quality.
If there is a dispute between the owner and the property, then a civil lawsuit can be filed and will be handled as a civil dispute. Common disputes between property owners include: management fee disputes and related conflicts when changing property management departments.