Is the property responsible for the car being scratched when it is parked in the community?

Generally speaking, there is a certain relationship between residential parking and property. This may be caused by poor property management. Generally speaking, monitoring is also installed in the community, but because some places are blind areas, there is no way to monitor all the places. Of course, the property personnel in the community still need to check regularly. The responsibility of the staff of the property company is very great, and they should maintain the safety in the community at ordinary times.

Legal analysis

Generally speaking, the car parked in the community is scraped, and only the parties and the property should be responsible. Whether the property should bear the responsibility, we must first determine whether there is a contract between the owner and the property company. If there is a contract, it is necessary to clarify what obligations the property undertakes to the vehicle. If the property company undertakes the custody obligation, the nature of the charge is the custody fee, which may be liable for compensation; If the contract stipulates that the property only provides parking lot lease and does not undertake the obligation to keep the vehicle, the nature of the charge is parking fee, and the property does not have to bear the liability for compensation for the vehicle being scratched; If there is no contract agreement or the agreement is not clear, it should be considered in combination with the situation. After charging the parking fee, the property management company will perform its obligations according to the contractual relationship formed. Different contractual relationships have different obligations. Therefore, if the car is scratched in the community, it is necessary to contact the property company specifically and decide whether to request property compensation according to the contract signed by both parties. Of course, you can also consult a lawyer for help.

legal ground

Article 897 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * During the storage period, if the safekeeping object is damaged or lost due to improper safekeeping by the custodian, the custodian shall be liable for compensation. However, if the unpaid custodian proves that he has no intention or gross negligence, he shall not be liable for compensation.

"Regulations on Property Management" Article 36 When undertaking property, a property service enterprise shall go through the formalities of property acceptance with the owners' committee. The owners' committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the realty service enterprise.