Who should set the price, whether it can be bundled with the property fee to urge payment, whether the owner can be restricted from parking due to payment disputes... At present, owners, properties, and developers have repeatedly disputed over differences in parking payment, which has also become a problem that plagues parking management in the community.

The monthly fee of thousands of yuan is too expensive

"A parking space costs thousands of yuan a month, which is too expensive." Recently, a community in Fengtai has repeatedly received complaints.

An owner said that when he moved in at the end of June last year, the parking spaces in the underground garage were only sold but not rented, and the owners who did not buy parking spaces temporarily parked for free in the community. At the end of May this year, the property suddenly issued a notice that from June 6, vehicles without parking spaces cannot enter the underground garage, and if there are special circumstances that require short-term access to the garage, they need to cooperate with the door registration.

On June 6, several owners who had not purchased parking spaces were stopped outside the community.

"When buying a house, the sales office staff introduced that the parking space can be rented or sold, why is it suddenly not allowed in?" Faced with the owner's doubts, after negotiation, the property was finally opened and released.

Subsequently, at the request of the owner, the developer and the residents' representatives negotiated the parking space rental fee, and the developer proposed the parking space rental price of 1500,150 yuan per month, plus the parking space management fee of <> yuan.

"We do not belong to high-end communities, and the nearby communities with better locations and high housing prices than ours have a parking fee of 800 yuan a month, and some communities only charge four or five hundred yuan a month." Owners have speculated that developers are using high rental fees to force owners to buy parking spaces.

For the high monthly fee is unacceptable, after the negotiation is unhappy, the owner and the developer are still in a deadlock on the parking issue, "Recently, the civil air defense parking space is also installed with a ground lock, and the owner who has not purchased a parking space can only avoid the ground lock and park empty." ”

"The street has communicated with the developer many times, hoping to adjust the price appropriately. As the owner of the parking space, the developer has the right to set its own prices. The relevant staff of the local street introduced: "At present, the relevant departments have intervened, and the developer's quotation has been adjusted to 1200 yuan per month. ”

On August 8, the sales office is responsible for the sales introduction of parking space rental and trading, the monthly rental price of parking space will be determined in mid-to-late August, the price is about 11 yuan to 8 yuan per month, owners can refer to it first, the final price is subject to the publicity.

Comments: The owner has a say in the parking fee of the community

Regarding the owner's question, lawyer Wei Xiaodong introduced that this should distinguish different types of parking spaces, the developer's own underground garage, and the developer has obtained a separate garage property right, completed the filing procedures for the operating parking lot, and the developer can set its own price when renting it out.

"Although developers have the right to set their own parking fees, developers cannot seriously detach from reality and ask for sky-high prices from owners. If the parking fee standard charged by the developer is too high, the owner of the community can request the owner's committee to negotiate with the developer to effectively protect the interests of the owner. At the same time, you can also choose to complain to the price management department, and the government department will order the developer to rectify. Wei Xiaodong said.

Pay the property fee before parking

"Pay the property fee first, and if you don't pay the property fee, you can't go through the procedures for renewing the rental space." Because in early August, the parking fee was due, and when paying the property fee, Hu Xin, who lives in a small district in Daxing, was angry by a sentence from the property staff.

"Property fees and parking fees are two different things, why should they be 'bundled' to charge?" Hu Xin introduced that since moving into the community in 2017, the property has required the owner to pay the property fee before going through the parking payment procedures. With the attitude of not wanting to get into trouble with the property, the residents still paid the property fee first every time, but everyone always felt awkward, like a "dumb loss".

Why "bundle collection" property and parking fees?

Hu Xin explained the mystery: the property fee is paid once a year, and the parking fee is paid once half a year, and there is always a situation where the property fee expires first and the parking fee expires later. If you want to rent a parking space in the community and pay the parking fee, you must first pay the property fee, and there can be no arrears before. Otherwise, the "monthly rental car" will become a temporary parking, and the parking time is not a small cost. In this way, you can be as sure as possible that you will receive the property fee on time.

"The reason why people are not motivated to pay property fees is because the owners are not satisfied with the service of the property." Hu Xin counted the shortcomings of property management with his fingers: the randomly parked electric cars were not cared for; The street lamp is broken for a long time and is not repaired; Elevator maintenance is not timely; One day at noon, the water was cut off, and the old man was waiting at home to cook for the child, but he couldn't contact the property staff...

Hu Xin said helplessly: "I believe that most owners do not want to pay property fees, but the service of the property and the attitude of bundle collection are unacceptable." ”

Comments: Whether "bundling" fees are desirable

Wei Xiaodong said that parking fees and property fees are two different legal concepts: parking fees are the charges charged by the parking lot for motor vehicles to be parked, and the property is entrusted to collect parking fees on behalf of the property, which cannot be confused with the property management services provided by the property to the owner, let alone bundled payment. "Bundled collection" infringes on the owner's right to fair trade as a consumer. According to relevant laws and regulations, when receiving services, consumers have the right to fair trading conditions such as quality assurance, reasonable prices, and correct measurement, and have the right to refuse compulsory trading by business operators.

Li Ling, a professor at Beijing Union University with rich experience in grassroots community governance, said that paying property fees is the obligation of owners, and if the property services are indeed defective, the correct way for owners to deal with them is to use legal means to protect their rights, such as communication, finding the industry committee to come forward, etc., rather than refusing to pay property fees. If there are owners who do not pay the property fee, the property lacks funds, which actually violates the interests of the owner who pays the property fee normally.

Private cars were pulled into the blacklist

Chen Ji, who lives in a community in Fengtai, had a dispute over whether to pay parking fees, and her private car was pulled into the "blacklist".

On the morning of August 8, Chen Ji, who returned home after taking her child to the hospital, saw an electronic screen at the entrance of the community showing that her car had entered a "blacklist".

"I'm in a hurry to get things and take the child to the hospital..." Chen Ji kept explaining to the security guard, and the security guard opened the door. When Chen Ji returned 20 minutes later, the security guard refused to let her car out of the gate on the grounds that she had not paid the parking fee. In desperation, Chen Ji called the police, and under the coordination of the police, she left the community.

"I just returned to the community yesterday, and today I told me that the car was added to the 'blacklist'."

"Recently, because of the problem of parking fees, disputes have continued, and there are always traffic jams at the entrance of the community, which annoys people..." The owners have been talking about it: in the past few days, many residents have been affected by driving in and out of the community.

Chen Ji said that parking spaces that occupy roads or other sites owned by owners are owned by owners, and they need to be jointly resolved by the owners or negotiated with the owners, and more than half of the owners agree to charge fees. Some owners have filled out a simple "parking service questionnaire", not to mention whether it meets the process specifications, and many residents, including her, have not even seen this questionnaire, and the property directly posted a notice, charging 150 yuan a month. In addition, the community has allocated 900 parking spaces, and the owner's first car alone has no less than 1200,<>, even if the parking fee is paid, there is still nowhere to park when he comes back late.

Comments: Disputes can restrict vehicles from entering and leaving the community

Wei Xiaodong said that whether and how much the owner pays the parking fee is not the same legal relationship as whether he can drive in and out of the community. The owner has the right to the common part other than the exclusive part of the building, and the road within the building zoning of the community belongs to the owner, and the owner enjoys the right of way according to law. If the property or parking company refuses access to the owner's vehicle because the owner has not paid the parking fee, it does not comply with the law and violates the owner's right of way.

Wei Xiaodong introduced that there are strict procedural regulations for adjusting the charging price of parking spaces shared by owners in residential areas, and it is necessary to obtain the consent of owners who account for more than half of the total area of the building and owners who account for more than half of the total number of people, that is, "double half", the fee can be adjusted, otherwise there will be penalties. The property does not have the right to adjust the parking fee without authorization, and the parking fee collected by the property shall be decided by the owners' meeting or the owners' committee, and the committee will entrust the property to collect the parking fee on its behalf, and the property can obtain relevant services and maintenance fees at the same time.

(Beijing Daily client reporter Shi Yue)