I rented a house in the community, and the building fell off, which damaged my car. Are you responsible for the property?

If you park in the parking area designated by the community, then the property is responsible, otherwise the property may not be responsible. Look at the following case!

I just bought a new car for more than half a month and parked it on the sidewalk at the entrance of the community, but it was smashed by cement and tiles that suddenly fell off the outer wall of the community. Mr. Zhu, the owner of the car, transferred the claim to the insurance company after claiming the repair fee of 12300 yuan from the insurance company. Can the insurance company's request be supported? On June 5438+1October 265438+1October 2009, the Binhu District People's Court of Wuxi City, Jiangsu Province made a first-instance judgment on this case and ordered the property company to compensate the insurance company for 12300 yuan.

On May 1 2009, Mr. Zhu bought a car with a value of 105200 yuan. On May 65438+8, 2008, Mr. Zhu insured the motor vehicle loss insurance of RMB 105200 in Wuxi Branch (hereinafter referred to as the insurance company). On the evening of May 25, Mr. Zhu parked his vehicle on the sidewalk at the entrance of the community, and there was no parking space. Unexpectedly, the cement and tiles on the third floor of the residential area 13 building directly above the vehicle suddenly fell off, damaging the front and rear windshield, skylight and body of the vehicle. After the incident, Mr. Zhu immediately reported the case to the police station and to the insurance company. After on-site investigation, the insurance company determined that the loss caused by the accident was 1.23 million yuan, and the repair cost after the vehicle was sent for repair was 1.23 million yuan. After that, the insurance company paid the repair fee to Mr. Zhu according to the agreement of motor vehicle loss insurance. Mr. Zhu transferred his claim against the infringer to the insurance company.

After the insurance company sued Wuxi Zhong Fang Property Co., Ltd. (hereinafter referred to as the property company) and Yuexiu Community Neighborhood Committee (hereinafter referred to as the neighborhood Committee) on the third floor of Building 13 in Harmony Street, Binhu District, Wuxi City, both the property company and the neighborhood Committee filed a defense.

The property company thinks that it has only a contractual relationship with the owners of the community, but has no legal relationship with the insurance company and Mr. Zhu, and should sue all the owners. Before the incident, the property management company did not receive any notice to repair the third floor of 13, so there was no fault in the maintenance. As for the maintenance of the external wall, it is generally overhauled once every two to three years, and it is usually repaired when the owner guarantees. And the house has been delivered for nearly ten years, and the road section was under construction at the time of the accident, which may be caused by pavement piling construction. The neighborhood committee pointed out that the third floor of Building 13 is the supporting house of the community. The neighborhood committee is not the owner, but only enters the house for use according to the requirements of the higher authorities, and has no obligation to maintain the external wall of the house. Both the property company and the neighborhood committee mentioned that Mr. Zhu was also at fault for illegal parking and should be liable for damages.

The court also found through trial that the Property Management Entrustment Contract signed by the owners' committee and the property management company on June 5438+1 October1day, 2009 has the following stipulations: the entrusted management matters of the property management company include: maintenance, conservation and management of the used parts of the building, including floors, roofs and external walls. Maintenance, conservation and management of ancillary buildings and facilities.

The court held that in this case, after the insurance company paid Mr. Zhu the compensation of 12300 yuan for vehicle losses, the insurance company had the right to exercise subrogation against the infringer who caused the vehicle damage because Mr. Zhu transferred his compensation right to the insurance company in writing. The third-floor building of Building 13 with external wall falling off is a supporting building for the community, and the relevant property rights belong to all owners. Property management companies are entrusted to repair, conserve and manage the parts used in residential buildings and ancillary buildings. Property management companies should fulfill the obligation of diligent management, timely inspect and maintain buildings that have been used for a certain number of years, and take appropriate measures to repair the parts that need to be sorted out and maintained to prevent the external walls from falling off and damaging others. The cement and ceramic tiles on the exterior wall of the house fall off, causing damage to other people's vehicles, and the property company shall bear civil liability for the damage. Although the neighborhood committee is the actual user of the 3rd floor of Building 13, it has no management responsibility for the external wall of the building, and the insurance company should reject its claim. Mr. Zhu, mentioned by both defendants, bears the damage himself. The court held that Mr. Zhu's parking on the sidewalk without parking spaces did violate traffic regulations, but the illegal behavior should be subject to corresponding administrative penalties and other possible civil liabilities, and should not be damaged by falling objects in buildings. Accordingly, the court made the above judgment according to law.