Judicial interpretation of the Supreme Law on property management fees

The judicial interpretation of the property fee dispute is that the property company provides relevant services to the owners, so the owners need to pay a certain property fee.

What is the burden of proof of the property company?

Generally speaking, the burden of proof that a property company should bear is:

(1) Overall situation of community security.

The overall situation is good, which can prove that the property company is not at fault in fulfilling its security obligations.

If the overall situation is not good, as mentioned above, frequent fighting and theft can be determined that the property company is at fault.

(2) Whether various systems are sound and implemented.

(3) Necessary facilities, measures and relevant personnel.

For example, whether the passage between the community and the outside world is set with a guard and a duty record, which is mainly used to prove that someone is on duty.

From common sense, it is impossible to ask the doorman to register everyone who enters and exits.

(4) Whether the preventive measures set around the main passage, unified parking space or garage are in line with the contract, such as night patrol, electronic monitoring facilities, separate duty room and personnel on duty, etc.

The degree of prevention should be equal to the service fee paid by the owner.

Just as you can't ask luxury hotels and general guest houses to pay attention to the personal and property safety of guests, the obligation is the same.

Burglary and robbery occurred in the community, causing personal injury and property loss to the owners.

This situation often involves criminal offences.

Due to the concealment, suddenness and unpredictability of criminal acts, the security obligations of property companies should not exceed the scope that can be foreseen when signing contracts with owners.

Therefore, when the owner is injured at home or his property is stolen or robbed, the property management company should generally prove that it has fulfilled the security obligations stipulated in the contract from the following aspects:

(1) Property service enterprise qualification;

(two) personnel engaged in security services have professional qualifications in accordance with the relevant provisions of the state;

(3) A sound security service system;

(4) Records or certificates of performing the duty of care according to the system, such as duty logs and major accident report records;

(five) measures to fulfill safety obligations, equipped facilities and necessary publicity.

If the owner's house is stolen, the owner asks the property company to compensate and bear the responsibility. It is difficult to win compensation through litigation, and so are known cases.

First, it is not difficult for the property company to prove that it has fulfilled the duty of care agreed in the contract, while it is basically impossible for the owner to claim that the property company has not fulfilled the duty of care agreed in the contract.

Secondly, it is very difficult to prove the type and specific quantity of stolen property.

In our real life, many labor disputes and some service disputes in the property field can be completely solved by court prosecution at this time. For example, if one party thinks that there is a breach of contract and does not pay the property fee, then it can find a court with jurisdiction to sue.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 1 of the judicial interpretation of the Supreme Law on residential property management disputes

Based on the civil legal act of buying and selling commercial housing with the construction unit, a person who legally occupies the exclusive part of the building but fails to register the ownership according to law can be identified as the owner.

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Houses that meet the following conditions within the building division, as well as specific spaces such as parking spaces and sentry boxes, shall be recognized as exclusive parts:

(1) is structurally independent and can be clearly distinguished;

(two) independent use, can be used exclusively;

(three) can be registered as a specific owner of the ownership object.

The terrace that belongs to a specific house in the planning and has been included in the specific house sales contract as planned when the construction unit sells it shall be recognized as an integral part of the exclusive part mentioned in Chapter VI of the Property Law.

The house mentioned in the first paragraph of this article includes the whole building.

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In addition to the * * * part stipulated by laws and administrative regulations, the following parts within the building division are also regarded as * * * parts:

(1) Basic structural parts such as the foundation, load-bearing structure, external wall and roof of the building, public transportation parts such as passages, stairs and hallways, auxiliary facilities and equipment such as fire fighting and public lighting, structural parts such as refuge floor, equipment floor and computer room;

(two) other places and facilities that do not belong to the exclusive part of the owner, nor to the municipal public parts or other rights holders.

The land within the building division shall be entitled by the owner to the right to use the construction land according to law, except the land occupied by the whole building owned by the owner or the land occupied by urban roads and green spaces.

Article 4 The owner's free use of the roof, external wall and other parts corresponding to the exclusive parts of residential buildings and commercial buildings is not regarded as infringement.

However, those who violate laws, regulations and management regulations and harm the legitimate rights and interests of others are excluded.

Article 5

If the construction unit disposes the parking spaces and garages to the owners in proportion by selling, giving away or renting, it shall determine that its behavior conforms to the provisions of Article 74, paragraph 1, of the Property Law that "the needs of the owners should be met first".

In case of theft, the owner shall bear the burden of proof for the following matters:

(1) The fact that the car is parked in a parking space or garage;

(2) It has fulfilled its due preventive obligations, such as the integrity of door locks and alarm devices;

(3) the value of the vehicle.

As a property company, the burden of proof is to prove that as a kind service person, he has fulfilled his duty of care.