Is there any risk in the property company?

With the increase of the number of vehicles, traffic accidents occur frequently. As we all know, our country has a series of complete laws and regulations to maintain traffic order, but illegal parking of vehicles in residential areas occurs from time to time, which affects others' travel and must be severely condemned. Then, what should the property company do if the owner illegally parks in the community? Let me introduce the legal risks that property companies may face. I hope I can do something for you.

With the increase of the number of vehicles, traffic accidents occur frequently. As we all know, our country has a series of complete laws and regulations to maintain traffic order, but illegal parking of vehicles in residential areas occurs from time to time, which affects others' travel and must be severely condemned. Then, what should the property company do if the owner illegally parks in the community? Let me introduce the legal risks that property companies may face. I hope it will help everyone.

First, the legal risks that property companies may face.

1. If the property management company strengthens the management of vehicle parking by establishing a paid use contract for parking spaces, it needs to pay attention to the legal risks of vehicle theft. According to the second paragraph of Article 36 of the Property Management Regulations, "If a property management enterprise fails to fulfill the stipulations of the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law."

2. If the property management company fails to fulfill the minimum safety precautions and has a major fault in the loss of vehicles, the property management company shall be liable for compensation. In practice, the typical faults are as follows: the property management personnel in charge of monitoring facilities in the community failed to save the monitoring video when it was stolen due to negligence; Failing to register the vehicles and personnel that should be registered; Should patrol regularly, not on time; You should check that the access documents are not in place and so on.

Two, the property company does not have the right of administrative punishment given by law.

1. According to the relevant provisions of the Administrative Punishment Law, fines are a kind of administrative punishment. Except for laws, administrative regulations, local regulations, departmental rules and local regulations, other normative documents may not set administrative penalties, so the documents formulated by the property management company may not set fines. The property management company does not have the right of administrative punishment given by law, and naturally has no right to ask the owners of illegal parking to pay fines. This kind of punishment behavior of the property management company is unreasonable and legal.

2. The property also has no right to lock the car, and the illegally parked car is locked, which infringes on the property rights of the owner. If the vehicle is damaged, the property will also bear the corresponding liability for compensation.

According to the Contract Law, the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract. When a property management company signs a property management contract, it agrees to collect illegal parking fees from the owner. The property management company can collect liquidated damages from the owner according to the contract, but it cannot forcibly collect liquidated damages by improper means such as locking the car.

4. If the property management company did not make a clear agreement on this when signing the property management contract, then the property management company shall not charge any fees for the owner's illegal parking.

Third, suggestions on the management methods of property management companies.

1. For the parking phenomenon in the community, the property management company can only stop it, and should take reasonable and legal measures to manage it, instead of intervening by compulsory and illegal means.

2. The main roads in residential areas can be equipped with isolation facilities to strengthen management.

3. You can remind the owner of uncivilized parking behavior in writing, and you can also criticize it through billboards and electronic screens. If the parking of relevant personnel hinders the traffic of others or the order of the community, causing damage to the interests of other owners, the property management company may stop or require them to make compensation according to the actual losses.

The above is what I have compiled for you about the legal risks that property companies may face. As we all know, if everyone doesn't obey the traffic rules, it will be chaotic, so I hope it will help you to some extent after reading the above contents. If you have any other questions, you can consult a lawyer.