What should I do if the car is parked downstairs in the community and smashed?

You can ask the property company for compensation. Parking service is a sub-item of property services, and the property company has the obligation to maintain the regional order of property management, manage the parking of vehicles in the community and do a good job in safety precautions.

China's "detailed rules for the implementation of property management regulations" clearly stipulates that property management enterprises should assist in the security work within the property management area. When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner. Property management enterprises shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties in maintaining public order in the property management area and shall not infringe upon the legitimate rights and interests of citizens.

The obligation of the property company to keep the owner's vehicle comes from both contract and law. The owner has the right to claim compensation from the property management company if the vehicle is parked in the community and losses are caused by the gross negligence of the property management company.

Extended data:

situation

On March 20 12, the owner, Mr. Wang, signed a parking lot lease agreement with the property management company in his residential area, stipulating that the property management company would provide Mr. Wang with parking lot lease services for underground parking lots, and the charging standard was 350 yuan per month. This service only involves parking lot leasing and management of driving and parking order, and it is not responsible for the loss or damage of vehicles. Mr. Wang's vehicle enters and exits the residential parking lot with a valid car card issued by the property management company.

The order maintenance personnel and staff of the property management company have the right to check in and out of vehicles, and have the right to check and correct illegal driving and illegal parking. After the signing of this agreement, both parties will renew the lease until 2065438+March 2005. One day in February, 2065438+2004, Mr. Wang found that two front rearview mirrors of his car parked in the parking lot were stolen, and it cost 28,000 yuan to repair the car. Mr. Wang and the property management company negotiated maintenance matters, but the two sides failed to reach an agreement.

Mr. Wang appealed to the court of first instance that he signed a parking custody contract with the property, and the property company provided parking management services for vehicles, and a paid custody contract relationship was formed between the two parties. According to the law, the trustee should arrange a special person to look after the parking lot 24 hours a day or use electronic monitoring for uninterrupted monitoring to discourage and stop the damage to the parked vehicles. If the deposit is damaged or lost due to improper safekeeping, the custodian shall be liable for damages.

So he appealed to the court and asked the property company to compensate his car repair fee of 28,000 yuan. The property company replied that the two parties signed a lease agreement, not a custody agreement, and Mr. Wang filed a lawsuit on the grounds of custody contract disputes, which was inconsistent with the actual legal relationship of this case; The property company fulfilled its contractual obligations in full accordance with the parking space lease agreement signed by both parties, and there was no breach of contract.

In the lease agreement signed by both parties, it is clearly stipulated that the exemption clause for the loss occurred during the parking period of the vehicle, and Mr. Wang has no right to claim compensation from the property management company for the loss caused by the theft of the vehicle. Therefore, I disagree with Mr. Wang's claim.

After the court of first instance heard the judgment, the property company refused to accept it and appealed to the Second Intermediate People's Court. A few days ago, Beijing No.2 Intermediate People's Court rejected the appeal of the property company in the final instance and upheld the judgment of the court of first instance that the property company paid Mr. Wang a vehicle repair fee of 28,000 yuan.

References:

People's Daily Online-Should the damaged property in residential parking be compensated?