Is the property responsible for parking in the community being zoned?

Find the person responsible for the accident after the vehicles parked in the community are zoned. Under normal circumstances, the property is not liable for tort compensation in principle. However, according to the relevant provisions of the property contract, it may be liable for breach of contract. First of all, from the perspective of tort, vehicles are classified as typical civil tort. Only those who are at fault will bear civil liability for compensation, and those who bear civil liability will also compensate for the infringement.

Legal analysis

Whether the cars parked in the residential parking lot should be compensated by the property management company depends on the agreement on automobile management behavior in the property management service contract. If both parties agree that the owner's car should be parked at the designated place, then as long as the owner fulfills the obligation to park the car at the designated place as promised, the custody contract will take effect, and the property management company shall bear the custody responsibility; If there is no agreement on car parking in the property management service contract between the two parties, but according to the relevant rules and regulations of car management, as long as the owner handles the handover procedures for parking the car and agrees to park it at the designated place, the two parties will constitute a de facto custody contract relationship, otherwise it will not constitute a custody contract relationship. Property services include public services and quality services, and the property fees paid by the owners belong to public services, which have been agreed in the property contract. The owner's vehicle is parked in the public part of the community and belongs to all owners. It is not the ownership or use right of the property, but the storage fee. The owner parked the vehicle in the parking lot of the community. Therefore, if the vehicle is lost, the property shall be liable for compensation.

legal ground

Article 34 of the Regulations of People's Republic of China (PRC) Municipality on Property Management shall conclude a written property service contract with the property 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.