Car tires are stuck in the community garage. What is the responsibility of the property?

Whether the residential property bears the liability for damages caused by the car being tied in the residential parking lot, firstly, it is mainly to prove that the car is tied in the residential parking lot, and secondly, it is determined whether there is a contract with the residential property company, and the fees agreed in the contract are parking fees or storage fees. If it is a storage fee, the property company should be liable for compensation; if it is a parking fee, it will not be liable for compensation.

Legal analysis

Whether the cars parked in the residential parking lot should be liable for compensation 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 tied, the property should be liable for compensation.

legal ground

Article 34 of the Regulations 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.