Job Recruitment Website - Property management - Is the property responsible for the loss of motorcycles in the community?
Is the property responsible for the loss of motorcycles in the community?
1, no responsibility
The property can prove that the loss of the vehicle is related to the fault of the owner. For example, if the supporting facilities in the community are complete, the order maintainer will have no responsibility with the property management company as long as he completes the registration of entry and exit and patrols at various patrol points within the specified time.
2. reliable
Because of the negligence of the property, the vehicle is stolen, and the property determines the liability for compensation according to the size of the responsibility. For example, sign a motorcycle custody contract with the property company, that is, how much money to pay to the property company within the specified time, and the property company will help you keep the motorcycle.
Second, the conditions for prosecution.
First, find out the relevant regulations of the residential property, whether the motorcycle stops at the place he asks, that is to say, there is no inappropriate behavior. In this case, the property should bear part of the responsibility for getting off the bus and being stolen.
But theft is the main reason for motorcycle theft, so the property can only bear part of the responsibility, not all.
You should report the case and collect some evidence of payment to the property, such as invoices or other written evidence. If possible, record what you negotiated with the property about the motorcycle being stolen.
The law trusts the evidence. In short, we should collect evidence and safeguard our legitimate rights and interests.
Extended data:
Huadu court heard a dispute over custody contract because a custody motorcycle was stolen in its jurisdiction.
The owner, Mr. Yang, bought a motorcycle worth 9090 yuan in May 2002. Since July 13, 2003, he has handed over his motorcycle to the nearby No.30 safety zone. According to the regulations, he has to pay the management fee of 30 yuan to the property company in the management area every month.
At 6 o'clock in the afternoon on February 2, 65438, Mr. Yang parked his motorcycle in the No.30 safety zone after work. However, when he was ready to go to work at 5 o'clock the next morning, he found that the motorcycle was gone.
Mr. Yang immediately wakes up the security guard on duty and calls 1 10. After the motorcycle was stolen, Mr. Yang repeatedly consulted the property management company that managed the No.30 security community for compensation. The property management company refused with various excuses, and Mr. Yang took the property management company to court.
When the property management company went to court, Mr. Yang lost his motorcycle, and he didn't pay the motorcycle storage fee of the property management company that month (65438+February). Mr. Yang's car custody relationship with the property management company was not established, so he did not agree to compensation.
After hearing the case, the court held that Mr. Yang was the owner of the lost motorcycle, paid the custody fee to the property management company on a monthly basis, and handed over the vehicle to the company for custody, and the two sides formed a custody relationship.
In the month when the vehicle was lost (65438+February 2003), although Mr. Yang did not pay the custody fee to the property management company, the incident date (65438+February 3) did not reach the date when the custody fee was paid as usual (about 65438+February 10), so the custody relationship between the two parties still existed.
The property management company should take good care of Mr. Yang's vehicles parked in his safe community. If the vehicle is lost during the storage period, the property management company shall be liable for compensation. Therefore, the property management company was sentenced to compensate Mr. Yang for 7500 yuan.
I would like to remind the public that when vehicles are handed over to the property management company, they must clearly understand the requirements and exemptions, and properly keep the payment card. When the vehicle is lost, the judge should report the case to the public security department in time, and if there is a dispute, he should try his best to provide relevant evidence of the custody relationship with the property company.
References:
Baidu Encyclopedia-Legal Responsibility of Property Management
References:
People's Network-Should the lost property in the community be compensated?
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