Street lamp without property

There are no street lights and no monitoring in the community. If the owner has an accident, the property management company generally does not bear the responsibility, although the law stipulates that the property management company fails to fulfill its management responsibility and needs to bear the corresponding legal responsibility for the property losses caused by the owner. But in real life, I'm afraid the owners can't prove that the property can't be managed, and it's especially difficult to really defend the property company.

Legal analysis

There is a prerequisite for a property management enterprise to assume the liability for compensation, that is, it fails to perform its duties as agreed in the property service contract, causing personal injury and property losses to the owner. As long as the property has fulfilled its management responsibility, it is not responsible for the damage to the owner. Security obligation is the most important and basic obligation of residential property companies. Assist in the safety work in the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. Residential property enterprises violate laws and regulations on public security, environmental protection, property decoration and use in the property management area. The realty service enterprise shall stop it and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law. Property management generally includes public security issues, water, electricity, gas and other issues in the community. The quality of a residential area is inseparable from the property in the area, and it is also closely related to relevant laws and regulations, ensuring the smooth progress of property management.

legal ground

property management regulations

Article 35 A 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.

Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.