What should I do if the car is scraped in the community?

The car was scraped in the community, find the property management.

First, the car is parked in the parking space purchased by the owner himself, and the parking space management fee is paid monthly. Some owners buy the right to use parking spaces at one time for parking convenience. In addition to the investment in parking fees, parking management fees need to be paid every month. In this case, if the perpetrator cannot be found, should the property pay the bill? Many owners believe that since the parking management fee has been paid, the property obviously has an obligation to look after the vehicles in the parking space. In case of vehicle friction, the property shall bear the responsibility for management negligence. The Detailed Rules for the Administration of Property Service Charges in Wuhan adopts the title of "vehicle parking service fee", which is commonly referred to as parking space management fee. The definition of this is "vehicle parking service fee: refers to the cost of labor, raw materials and auxiliary materials incurred in the maintenance of site equipment and facilities, related roads and management in designated parking lots (including indoor garages)." Obviously, this fee is only for the maintenance of parking spaces, and does not include the obligation to ensure the safety of vehicles. Of course, it also depends on whether the property service contract or parking space purchase contract signed by the owner and the property company stipulates the custody obligation of parking. If the custody obligation is agreed, the property company shall bear the responsibility; Otherwise, the property management company only undertakes the daily maintenance obligation of the parking space, and is not responsible for the scraping of the vehicle.

Second, the car is parked in a fixed parking space in the community and pays a fixed parking fee every month. In this case, it depends on whether the monthly parking fee is parking space rental fee or storage fee. If it is a storage fee, the property company should be liable for compensation, if it is a rental fee, it will not be liable for compensation. In the absence of agreement or unclear agreement, according to Article 365 of the Contract Law, "A storage contract is a contract for the custodian to keep and return the deposit delivered by the depositor" and Article 367, "A storage contract is established when the deposit is delivered, unless otherwise agreed by the parties", its establishment requires not only the agreement of both parties, but also the owner to deliver the vehicle to the custodian and the custodian. In practice, the owner who pays the fixed parking fee every month can drive the car away at any time with the car key, but the actual control right is still in the owner's hand and is not controlled by the property company, so the property is not responsible for the damage to the car.

Three, the car is temporarily parked in the community, not paying parking fees or not paying on time. The car is temporarily parked in the community. If the parking fee is paid on time, does the property need to bear the responsibility? This is controversial in practice. In this case, a written agreement is generally not signed, and only a unified public notice board is put at the entrance of the community, generally 2-5 yuan/hour. The author believes that from the perspective of equality of rights and obligations, a few dollars an hour is obviously not enough to undertake the obligation to protect every car from any damage. Therefore, the author tends to only charge parking fees and not storage fees in this case. In addition, if the parking fee is not paid, the property management company will not be responsible for vehicle damage.