To tell the truth, whether the parking fees and property fees charged by the old community are reasonable or not, need to be analyzed from many aspects. The following will be elaborated in detail from the aspects of legal basis, property responsibilities, use of fees, and rights and interests of owners.
1. Legal basis.
According to Article 35 of the Property Management Regulations, property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law. Therefore, the collection of strata fees should have a legal basis and be used to provide the corresponding services.
2. Property responsibilities.
1.Parking fee collection: For the parking fee collection in the old community, it is necessary to examine the nature of the parking fee. There are two types of parking fees in the community, one is the land use fee and the other is the management fee. These two different natures are also subject to different legal provisions. If the parking fee is a land use fee, then the property has the right to collect it;If the parking fee is an administrative fee, then the property needs to be authorized by the owners' meeting to collect it.
2.Collection of property fees: The collection of property fees is the obligation of the property management company, which is stipulated in the property service contract. The property management company needs to provide corresponding services in accordance with the property service contract. If the property management company fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with the law.
3. Use of Expenses.
1.Purpose of Parking Fee: The parking fee is partly used as property management costs and taxes, and the other part belongs to all owners as income. The property can use the parking fee to maintain the parking lot facilities, ensure the safety of the park, etc.
2.Purpose of strata fee: Strata fee is the main income of the strata company in providing property services to the owners**. The property fee can be used to pay for the operating costs of the property company, employee salaries, facility and equipment maintenance expenses, etc.
4. Owners' rights and interests.
1.Authorization by the General Meeting of Owners: The General Meeting of Owners or the Owners' Committee has the right to decide on the collection of parking fees and strata fees. The owners' committee may entrust the strata company to collect parking fees and strata fees, and supervise the quality of the strata company's services and the use of fees.
2.Owner's right to supervise: The owner has the right to supervise the fees and services of the property management company. If the owner thinks that the property management company's charges are unreasonable or the service quality is not up to standard, he can report the situation to the owners' general meeting or the owners' committee and ask the property management company to improve or adjust.
3.Protection of the rights and interests of property owners: The parking fees and property fees collected by the property management company should be used to provide better services and protect the rights and interests of the owners. If the property management company fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, the owner has the right to require the property management company to bear the corresponding legal responsibility.
To sum up, whether it is reasonable to charge parking fees and property fees in old communities needs to be analyzed according to the specific situation. In terms of legal basis, property responsibilities, use of expenses, and rights and interests of owners, they should comply with relevant laws, regulations and contractual agreements. Only when these aspects are reasonably guaranteed, the old community can be considered reasonable to charge parking fees and property fees.