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What responsibility does the property bear for the damage of vehicles in the community?
Legal analysis
If the property company fails to fulfill its security obligations in accordance with the property service contract, it shall bear the corresponding liability for compensation according to the degree of fault. To judge whether the property management company has fulfilled the duty of diligent and prudent safety care, we can comprehensively consider the following aspects: whether it is equipped with security personnel and related safety measures as agreed in the property service contract; For the community that promises to patrol 24 hours, whether it is actually done; Monitor whether the system operates normally and effectively; Whether the community security personnel have taken reasonable measures when discovering criminal acts; Whether the guard checks the documents when the thief enters and exits the community; The owner of the residential area puts forward the improvement requirements for the safety of the residential area, and whether the property company improves it; When there is a public security incident in the community, will the property company send more security personnel, etc. Property management enterprises shall provide corresponding services in accordance with the provisions of the property service contract. If the property management enterprise fails to perform the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. According to the law, the property needs to verify the registration records and surveillance videos of strangers entering and leaving the community. If you don't fulfill your security obligations and can't produce evidence, the community security will be liable for compensation. Because the janitor is a recruiter of property management, he is negligent and lax in leadership and management of property management. Therefore, unless there are special provisions in the property contract or the property company has gross negligence and intention, if the property company has fulfilled its basic security obligations, it will no longer be liable.
legal ground
"Regulations on Property Management" Article 49 The public buildings and facilities built according to the plan within the property management area shall not be changed. If the owners need to change the use of public buildings and facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.
Article 47 The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations. If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.
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