Excuse me, the battery car in the community garage was stolen. Is the property management company responsible? Should it be compensated?

If you are responsible, you should pay compensation. Whether the property management company is responsible for the theft of electric cars and battery cars mainly depends on whether there is an agreement in the property management service contract. If the property management service contract stipulates that the property management company has the obligation to ensure the property safety of the residents in the community, then the property management fee paid by the residents in the community includes the cost of the property management company to ensure the property safety of the residents in the community. Then, the property company should bear the corresponding responsibilities.

Legal analysis

First of all, there are two things to understand. Is the parking area exclusive to electric vehicles, and does the property charge the corresponding service fee for caring for vehicles? If there is no special parking area at the entrance of the residential unit, and the property does not charge the relevant service fee for taking care of the vehicle, the property company will not bear the responsibility of losing the car. If the owner signs a property management agreement with the property, the property shall be liable for compensation; If the merchant has not signed a property management agreement with the property, there is no custody contract relationship between the owner and the property management company, and the property management company has no obligation to take care of the vehicle for the owner, nor does it have to bear the liability for compensation. According to the relevant laws and regulations, the realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law. Business practice of lost battery car: you can communicate with the property first, whether to sign a property service agreement, and if you have signed it, you can defend your rights through legal means; If it is not signed, the property does not need compensation, then it can be negotiated privately with the property. The proof of not paying the property fee is the service agreement signed by the owner and the property.

legal ground

"Regulations on Property Management" Article 36 When undertaking property, a property service enterprise shall go through the formalities of property acceptance with the owners' committee. The owners' committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the realty service enterprise.

Article 949 of the General Principles of the Civil Law of People's Republic of China (PRC) terminates the realty service contract. The original realty service provider shall withdraw from the realty service area within the agreed time limit or within a reasonable time limit, return the realty service premises, related facilities and relevant materials necessary for realty service to the owners' committee, the owners who decide to manage themselves or their designated persons, cooperate with the new realty service provider to do a good job of handover, and truthfully inform the use and management of the property. If the original property service provider violates the provisions of the preceding paragraph, the owner shall not be required to pay the property fee after the termination of the property service contract; If losses are caused to the owner, it shall compensate for the losses.