The car was hit in the community, should the property be responsible?

First of all, it depends on whether the property company charges. If it is confiscated, there is generally no obligation to pay special attention. Secondly, it depends on whether it is temporary parking or whether the legal relationship between the owner and the property management company has been established. If it is a temporary parking, the fee charged is the parking space occupation fee, and there is generally no special care obligation. If the custody relationship is established, then the property management company has the responsibility to keep it properly. If the vehicle is damaged due to improper storage, it may be detained.

Legal analysis

If the vehicle is temporarily parked, it mainly depends on whether the fee charged by the property company is the parking space occupation fee or the storage fee paid by the storage contract formed with the property company. If it is only the parking space occupation fee, the property company has no obligation to manage it. If it is scratched, the property management company can not bear the responsibility. However, if the service legal relationship between the owner and the property management company has been established, then the property management company can agree with the owner on the parking fee as a custody contract. Therefore, property management companies should fulfill their obligations to assist in the management of public security in the region according to law. If the property management company has omissions and defects in performing its obligations or the vehicle is damaged due to improper storage by the property management company, the property management company shall be liable for compensation. But if you don't charge or only pay the parking space occupation fee, the custodian who doesn't charge should not be too harsh. As long as you prove that you have no intention or gross negligence, you can generally not be liable for compensation.

legal ground

People's Republic of China (PRC) Civil Code

Article 888 A custody contract is a contract in which the depository keeps the deposit delivered by the depositor and returns it.

Article 889 The depositor shall pay the safekeeping fee to the custodian as agreed.

Article 890 A custody contract shall be established upon delivery of the deposit, unless otherwise agreed by the parties.

Article 892 The depository shall properly keep the deposit.

The parties may agree on the place or method of storage. Except in an emergency or to safeguard the interests of the depositor, the place or method of storage shall not be changed without authorization.

Article 893 Where the deposit delivered by the depositor is defective or special storage measures need to be taken according to the nature of the deposit, the depositor shall inform the depository of the relevant information. The depositor shall not be liable for compensation if the depositor fails to inform and causes losses to the deposit; If the custodian suffers losses as a result, the depositor shall be liable for compensation, unless the custodian knew or should have known and failed to take remedial measures. Article 897 Where the deposit is damaged or lost due to improper safekeeping by the depository, the depository shall be liable for compensation. However, if the unpaid custodian proves that he has no intention or gross negligence, he shall not be liable for compensation.

Article 902 Under a paid safekeeping contract, the depositor shall pay the safekeeping fee to the custodian within the agreed time limit.