How to compensate for the loss of the battery car in the community (in addition to the property management fee that should be paid, the parking fee should be paid separately every month)

You can ask why attributes are ignored. Judging from all similar things in China, the responsibility of the property is not great.

1. Whether the property management company is liable for compensation depends on how to define the obligations of the property management company, that is, is the management obligation of the property management company to maintain the parking order or the custody obligation? In accordance with the provisions of the Measures for the Administration of New Urban Residential Quarters, it is the obligation of property management enterprises to maintain parking order. Custody is a civil contractual relationship. If the property management enterprise and the owners' group or the owners agree that the property management enterprise shall perform the custody obligation of the vehicle, the property management enterprise must perform the custody obligation after the owners deliver the vehicle to the property management enterprise for management. Even if there is no contractual relationship of trusteeship, as long as the management facts fully meet the constitutive requirements of trusteeship contract, the property management enterprise should also bear the responsibility of trusteeship contract. Therefore, whether it constitutes a custody contract relationship is the key to determine whether the property management enterprise in this case is liable for compensation.

2. According to Article 367 of the Contract Law: "A custody contract is established when the deposit is paid by itself, unless otherwise agreed by the parties", and the custody contract is a practice contract, not an agreed contract; The establishment of a custody contract requires not only the agreement between the parties' offer and acceptance, but also the depositor's behavior of handing over the deposit to the custodian, that is, the custody contract will take effect only after the deposit is transferred to the custodian for possession and control; Otherwise, even if the two parties reach a custody agreement, the custody contract will not take effect. Then, can the property management company charge the vehicle parking fee, and can the owner's behavior of parking the vehicle in the parking space be understood as the owner handing over the vehicle to the property management company for possession control (delivery)? Lawyers believe that the owner's behavior of parking the vehicle in the designated parking space does not necessarily mean the transfer (delivery) of the actual control right of the vehicle. First, if both parties clearly agree that the management of vehicles is a custody contract, and at the same time agree to deliver the custody items when the vehicles are parked in the designated parking spaces, as long as the owners park the vehicles in the designated parking spaces, the custody contract will take effect, and the property management enterprise shall bear the custody responsibility; If there is no agreement to park the vehicle in the designated parking space, it is the delivery of the vehicle. Unless both parties handle the delivery procedures, it is difficult for the owner to park the vehicle to constitute a delivery deposit. Second, if the two parties have not agreed that the management of vehicles is a custody contract, the property management company will collect parking fees and manage the vehicles according to the rules and regulations of vehicle management, and the owner must go through the handover procedures when parking the vehicles, and can only release them after checking that the parking vouchers are completely consistent with the vehicles, then the behavior of parking the vehicles also constitutes custody; Based on this management fact, it should be presumed that the contractual relationship between the two parties for the custody of vehicles is established and effective. If the vehicle handover procedures are not handled, or the parking procedures are not strictly checked (such as issuing parking permits), it is difficult to form a custody contract relationship.

3. However, the absence of a custody contract does not mean that the property management enterprise will not bear any responsibility for the losses caused by the theft of parked vehicles. Because, even if it does not constitute a custody contract, the property management enterprise still has the management obligation to the public order of vehicles and property communities. If the property management enterprise violates the obligation of public security management and is at fault for the stolen vehicle, the property management enterprise shall also bear the corresponding liability for compensation for the loss of the stolen vehicle. For example, a thief is stealing a car in a residential area. After the owner reflected to the security guard of the property management company, the security guard did not take active measures to stop it, but ignored it. If a property management company fails to perform its management obligations and causes losses, it shall be liable for compensation. Property management companies have fulfilled their management obligations and will not be liable for compensation.