Many households in the community were stolen, should the property be compensated?

There are management loopholes in the theft of multiple households in the community. However, with the current service situation of China Property, you will not be paid, and you will definitely be called the police.

Personal feeling: if you pay the management fee in the carport, you must pay it. If it is an empty place, as long as they say that the place is safe, they will look for him if they lose it.

Should the property be responsible for the theft of the community? The contractual relationship between the property company and the owner is entrusted management. The scope of responsibility of the property management company shall be subject to the specific agreement in the contract signed by both parties. From the current practice, the property management service contracts are all formatted words printed by the property company in advance, which generally do not stipulate the responsibility of the property company to keep the property in the owner's home, and do not form the liability of the property company to compensate the property in the owner's home. Whether the property company is responsible depends on the relationship between the owner's house being stolen and the property company. If the property is at fault in the performance of the agreed management service, and this fault is one of the reasons for the theft of the owner's home, the property management company shall bear the corresponding liability for compensation according to law, such as insufficient security personnel, and the anti-theft system and monitoring system cannot work normally.

After being stolen, the owner should protect the scene in time, report the case to the public security organ at the first time, and cooperate with the public security organ to accurately count the type, quantity and value of the stolen property in order to determine the damage. Secondly, it is necessary to inform the property management company in time, consult, retrieve and save surveillance videos, security duty records, patrol records and other materials to determine whether the property management company is conscientious and whether there is any fault. If it is not confirmed that the property company has dereliction of duty, it shall continue to perform the agreed obligations in accordance with the contract. We can't simply take burglary as a defense for not fulfilling the obligations stipulated in the contract, which is likely to be even more unfavorable to the owner, that is, the owner can not only win his rights, but also bear the corresponding liability for breach of contract.

The main responsibility for the safety of the owner's own property lies with the owner himself. The owner should do his duty to take preventive measures for the safety of his own property in the community, such as monitoring blind spots in the car at all times, not leaving valuables such as bags in the car, locking the door when leaving the house, and installing anti-theft nets on the lower floors. If the owner's financial resources allow, he can buy family property insurance to pass on the risk, and try to choose a property with management qualifications and perfect security measures.

Whether the property should be responsible mainly depends on whether the property has fulfilled its due responsibilities, because theft is inevitable. If the property should have done enough responsibility, such as enough patrol time, it will not be responsible. If not, you will be responsible for going AWOL.

The monitoring of the stolen community at home is broken. Is the property responsible? It depends.

Whether the residential property needs to be liable for compensation cannot be generalized;

First of all, it depends on whether there is a clear agreement in the property contract, property service manual and other files. The property is responsible for the safety of the community and ensures the property safety of residents. If so, the property should be fully liable for compensation.

If there is no clear agreement in the property contract, it depends on whether the property company has fulfilled its management obligations, whether the management measures are appropriate, and whether there are management defects that lead to theft. If so, the property company should bear the liability for compensation equivalent to its fault, and the specific proportion depends on how sufficient the evidence is.

Article 35 of the Regulations on Property Management stipulates that the owners' committee shall conclude a written property service contract with the property management 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.

Article 36 stipulates that a property management enterprise shall provide corresponding services in accordance with the stipulations of the property service contract. If the property management enterprise fails to perform the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

Can the community be stolen all the time without paying property fees? Theft belongs to the public security bureau, not to property management. As long as the property patrols normally and is on duty normally, even if the contractual obligations are fulfilled, it is impossible for you to ensure that the property will not be stolen. Our country has a public security bureau, and even the police can't avoid killing and setting fires. How can real estate be regarded as watertight? You flatter the property too much. Of course, if you have evidence, your theft and property breach of contract, no regular patrol, no registration in and out of the community, etc., you can ask the property to bear part of the responsibility, but this will be decided by the public security or the court.

What if the owner of the community is stolen? The property management company is dealing with the theft of the owner's home. First, report the case.

According to the investigation and definition of public security organs, determine whether the property company is dereliction of duty.

If the property is not dereliction of duty, find an insurance company if there is insurance, and wait for the public security organ to test if there is no insurance.

If there is dereliction of duty in the property, according to the definition, the property company is required to bear corresponding responsibilities.

But it doesn't mean much, and the property management company can't bear much. It can only compensate a little according to the fault liability (generally not more than your property fee for one year), and it will not be based on your theft. This is the same reason that you parked your car on the side of the road and paid the parking fee in 2 yuan. As a result, the car was stolen, and the parking fee collector will not compensate you for the car.

For example, you said that you lost hundreds of thousands of cash, dozens of gold bars and jewels, several expensive antiques, such as .........., and so on, which could not be identified and confirmed. All hopeless, can only rely on the public security organs to detect. ....................

How can the property company bear the responsibility for the theft of the residential owners? In recent years, owners' awareness of property has been enhanced, but there are still misunderstandings in their understanding, and they think that property companies should bear full responsibility after charging. After returning home, Wu Mou, the owner of a residential area, found his property stolen and lost tens of thousands of yuan. He immediately notified the residential property and called the police. After several months, the public security organs still failed to identify the specific perpetrators, resulting in no compensation for the property stolen from Wu Mou's home. Later, Wu Mou found the person in charge of the residential property and asked the residential property company to bear the liability for compensation, but the property company thought that the company was not at fault and did not need to bear the liability for compensation. The negotiation between the two parties failed, and Wu Mou sued the property company to the court, asking the court to order the property company to compensate for the loss of stolen property in his home. The reason was that the property company had serious faults in the process of providing security property services, such as damaging the residential surveillance video and failing to maintain it in time, resulting in the lack of electronic monitoring system in some slotted areas. Wu Mou believes that he paid the property management fee, but the property was not protected. Now the property is stolen because of these service defects, and the property company should compensate for its property losses. The property management company argued that the monitoring of some cutting areas was not maintained in time because the industry Committee did not agree to the replacement and maintenance and did not pay the corresponding maintenance fees, which led to the failure to implement the work. Wu Mou's property was stolen by a third person, which has nothing to do with the property management company, and the property management company will not be liable for compensation. After trial, the court held that the defendant, as a property management company, was obliged to provide the owners with corresponding security obligations. However, the defendant failed to perform the safety measures agreed in the property service contract signed with the owner, and there were serious service defects, which increased the possibility of criminals entering the plaintiff's home for theft and caused damage to the plaintiff's property. If the defendant is at fault, he shall be liable for the plaintiff's losses, and his share shall be 20% of the lost property. In this case, the court held that in the process of providing services, the property management company had some service defects in the security service of the residential area, which had a causal relationship with the theft of property in Wu Mou's home, so it supported some of the owners' claims. Then, how to determine that the property management company is liable for the theft of community owners and determine the amount of compensation? The lawyer believes that the most direct legal source of the rights and obligations between the property management company and the owner is Article 36 of the Property Management Regulations: "The property management company shall provide corresponding services in accordance with the provisions of the property service contract. If the property management enterprise fails to fulfill the agreement of the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. " This law makes it clear that the rights and obligations between the property company and the community depend on the property contract of both parties. That is to say, if the property company fulfills its obligations in the property service contract, especially the security obligation of the community, and the property of the community owner is stolen, the property company generally does not have to bear the liability for compensation to the owner; If the property management company fails to fulfill the safety clauses in the property service contract, causing the owner's property to be stolen, it shall bear corresponding legal responsibilities. Of course, if the security obligations agreed between the owner and the property company in the property service contract are too general and the obligations of the property company are unclear, the court should refer to the industry standards of property services and combine the comprehensive situation of the property company's collection of property fees to confirm whether the property company has fulfilled its due security obligations. If the court finds that the property company is at fault in fulfilling the obligation of property security, and there is a causal relationship with the owner's stolen property, whether the court must judge the property company to bear the liability for compensation and the amount of compensation, this lawyer believes that the court should consider the property company's fault degree, and comprehensively consider that the property company belongs to the low-profit service industry, and the property fee charged is only a small proportion of the security fee. As well as the property loss directly caused by the owner's theft by a third party, the breach of contract by the property company is not the direct cause, so the owner's damage should first demand compensation from the injurer, and the court can only bear the supplementary liability for compensation if it cannot obtain compensation from the injurer. For the amount of supplementary compensation, we can consider the proportion of security payment and annual total amount in the collection of residential property fees as the discretionary basis.

What is the responsibility of the property when the electric car in the community is stolen? Is there anything wrong with the property? Please prove it.

You can't think that the property is responsible just because the electric car is stolen. The scope of responsibility of the property is only to assume management responsibility for the residential property and corresponding facilities, and not to assume any custody responsibility for personal belongings. If you say that security guards are not conscientious, they should be jointly and severally liable for the property they employ and manage. This is a misunderstanding: the responsibility of security guards is only to provide general security services, but not to take care of any personal property, so there is no direct responsibility for theft or robbery (indirect responsibility cannot be claimed). If you think you are directly responsible, you need evidence, not imagination.

Is the property responsible for the theft of vehicles in residential parking lots? The property management company does not undertake the compensation for the owner's stolen goods unless there is a specific agreement. You can check the relevant contracts you signed with the property management company, such as property management contract, parking lot use management agreement, etc. If not, you can look for the owners' committee!