Lawyer Xu Yiyou: graduated from Shandong University of Technology with a major in education, graduated from Shandong University with a bachelor's degree in law and a bachelor's degree in law. Business expertise: labor dispute cases, marriage and family cases, personal injury compensation, contract disputes, company legal affairs, non-litigation legal affairs.
With the continuous improvement of residents' consumption levels, automobiles, as a daily consumer product, have gradually entered more and more households. Suddenly, the community is full of cars, which brings a series of problems: there are too many cars. Random parking, destruction of green space, etc. So many communities solve the above problems by expanding parking spaces, charging fees, and setting up access control, but in the implementation process because they are not familiar with the law and operate in violation of regulations, conflicts between all parties have been intensified.
In September 2009, the neighborhood committee of the ×× community and the property committee jointly issued a document, claiming to solve the problems of road blockage, fire protection and traffic safety in the community, and the destruction of lawn greening. In accordance with the "Shandong Property Management Regulations", it was decided to convert part of the green space into parking spaces, and to charge vehicles for occupying public roads and sites. At the same time, an access control is set up, and vehicles that do not pay parking fees will be prohibited from entering the community.
In the above cases, there are a series of illegal problems:
1. The neighborhood committees and owners' committees of the community have no right to decide on fees.
According to the "Organization Law of Urban Residents Committees", the residents committees are only grassroots mass autonomous organizations for self-management, self-education, and self-service of residents, and they do not stipulate that they have the right to independently determine fees.
The owners committee is an organization that is elected by the owners in the property management area in accordance with the rules of the owners’ meeting and represents the interests of the owners. The owners' committee implements the decisions made by the owners' assembly and has no right to decide on fees without authorization by the owners' assembly.
2. The procedures for expanding parking spaces and charging fees do not comply with legal requirements.
Article 51 of the “Property Management Regulations of Shandong Province” stipulates that those who occupy the roads or other venues shared by the owners in the property management area to park cars shall pay the parking space usage fee. This is the physical basis. According to the "Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in Trial of Dispute Cases of Building Division Ownership" and the provisions of the "Property Law", the occupation of the parking spaces on the roads or other places shared by the owners for parking cars belongs to the owners. Changing the use of the shared part, using the shared part for business activities, and disposing of the shared part should be jointly decided by the owners, and requires the consent of the owners whose exclusive part occupies more than half of the total building area and more than half of the total number of owners. In addition to the above, you need to report to the price department for approval before you have the right to charge. Only decisions made through such procedures comply with the law.
3. Occupation of greening needs to be approved by relevant departments.
According to the provisions of the Property Law, for the green space in the community, the principle of ownership by the owners is the principle, with the exception of the ownership of a single owner. Changes to the use of green space must be decided by the owners' assembly. At the same time, according to Article 56 of the "Land Administration Law", "Any change in the use of land in an urban planning area shall be approved by the relevant urban planning administrative department before submitting for approval." In addition, Article 19 of the "Urban Greening Regulations" stipulates that "no unit or individual may arbitrarily change the nature of urban greening planning land or destroy the topography, landform, water body and vegetation of the greening planned land." Therefore, after the owners' assembly passes the resolution, it needs to be reported to the urban planning and gardening department for approval.
The problem of parking spaces in the community is related to the vital interests of the owners and must be resolved through legal means to prevent intensification of conflicts between all parties.