Is the owner responsible for the stolen property at home?

1. Is it responsible for the theft of family property? Now the dispute between owners and property management companies is a common problem, and owners often refuse to pay property fees on the grounds that their homes have been stolen. When the owner's home is stolen, it is generally believed that the property company has not fulfilled its due responsibilities and security obligations, and the property company should be responsible for the owner's losses; The property management company believes that our property management company has fulfilled its security obligations in accordance with the property service contract, and that the scope of reporting stations by the property management company is limited, mainly in the public domain of the community, and the property management company has no responsibility for the proprietary domain of the owner's home. Because both sides hold their own opinions, they often fail to reach an agreement through consultation and go to court. According to the current contradictions and disputes, the following lawyer's opinions are put forward: 1. The property management company has fulfilled its security obligations within a reasonable range. The property management company is not at fault for the theft of the owner's home and does not need to bear the responsibility. The relationship between the property company and the owner is a property service contract, and the responsibility of the property company is to provide property management services for the owner according to the property service contract. The scope of property management services is usually the maintenance of equipment and facilities in public areas of residential areas; Community environmental sanitation; Fire safety and other matters involving the interests of community owners. The safety of residential areas includes the personal safety and property safety of owners, that is, property management companies have the obligation to ensure the safety of owners' affairs. This obligation refers to a reasonable guarantee obligation, which is limited, not unlimited. As long as the property company has fulfilled its security obligations within a reasonable range, provided property services for the community, and the owners have also enjoyed the benefits brought by the property services provided by the property company, the owners should pay the property management fee. 2, the property company's security obligations, is limited, not unlimited. It is generally believed that the security obligation of a property company refers to the reasonable duty of care and reasonable preventive measures that the property company should take to protect the owner's personal and property interests from infringement. However, property management companies are not omnipotent, and it is impossible to prevent all damage. In general, when a third person intentionally violates the law or commits a crime, it is difficult for a property management company to control this situation. We can't ask the property management company to take responsibility for this uncertain danger. As long as the property management company has fulfilled its duty of care within a reasonable range and taken reasonable preventive measures, it can exempt the owners from the losses suffered by the third party. Second, what should I do if there is a property dispute? 1. For property buyers, first of all, it must be clear that property management is different from previous housing management in residential areas. Property buyers should sign a management convention with the property management company after completing the purchase formalities and before moving in, accept the management of the property management company and enjoy the services provided by the management company. 2. When signing the management convention, the buyers must make clear the rights and obligations of both parties. Property buyers should know that they are the main body of the contract and one of the parties to the contract, and have the right to amend the relevant provisions of the management convention and to renew the appointment of a new property management company. But in real life, many property buyers don't know what rights and obligations they have, and mistakenly think that the management convention can't be amended and the management company can't be replaced. I don't know how to deal with the problem of paying maintenance funds and management fees. 3. The standard of maintenance fund management fee is not specified, which leaves a lot of space for property management companies and adds invisible pressure to property buyers. But in any case, the charging level should be directly proportional to the quality of service. Therefore, property buyers have the right to modify the amount of fees, service items and quality when signing the management convention. 4. Property buyers should reserve the right to choose a property management company. Although property buyers can't choose a property management company immediately when signing the management convention before moving in, they reserve the right to choose a new management company after a certain period of time (such as 1 year) to minimize losses. If the property management has fulfilled its security obligations, there will be certain responsibilities at this time, but it is also limited. However, some people think that if the property company has fulfilled its security obligations within a reasonable range, then the property company is not at fault for the theft in the owner's home and does not need to bear the responsibility.