What risks do you think exist in property management risk prevention and how to avoid them?

In daily work, developers and property companies are often at a loss for all kinds of disputes caused by some potential risk factors, such as accidents caused by defects in developers' design and planning, disputes caused by failure to eliminate hidden dangers in time during residential property service, corresponding responsibilities caused by property companies' failure to fulfill their safety warning obligations, and division of responsibilities after personal and property problems of owners. How do we eliminate potential risk factors? Through the analysis of all kinds of real cases encountered in the work process, the author summarizes the following preventive measures for the reference of property colleagues, hoping to give warning to property enterprises.

First, the risks existing in the design and planning of development units and their elimination.

When designing and planning, the development unit must fully consider whether the houses, public facilities and equipment, public parts and sites are suitable for future use functions and whether there are defects in safety performance.

1, design of entertainment facilities

The choice of entertainment facilities in the community should be suitable for all ages, and facilities and equipment with potential safety hazards such as swimming pools, sand pools, swings and turntables should be avoided as far as possible. At present, recreational facilities frequently injure people, which is also one of the focuses of disputes between property companies and owners. (If installation is really necessary, instructions and safety warnings should be installed in an eye-catching position to remind the owner to use them correctly. At the same time, property service enterprises should carry out regular maintenance to eliminate potential safety hazards in time. ). Legally, the owner or manager of any public facility should ensure that the public facility will not endanger personal and property safety, and be responsible for the supervision and management of the public facility; If there are defects in the design of public facilities, but the hidden dangers are not eliminated in time, which eventually leads to personal injury, according to the provisions of the General Principles of the Civil Law, its supervisors must bear corresponding responsibilities.

2. Sketch design

(1) Try not to use cement sculptures, ornaments and glass ornaments, because cement is easy to powder and fall off after being exposed to the sun, rain and acid. Glass ornaments are fragile and easy to fall off;

(2) The durability and corrosion resistance of metal, wood, plastic and other materials should be considered, not too much, and the installation should be firm, so as not to affect the normal traffic and avoid scratches;

(3) Try not to configure fountains in the community. If necessary, the depth of the pool should be 20 cm, not too deep. If it is necessary to set up a deep pool, it is necessary to set up a guardrail or other safety protection facilities around it (and install obvious warning signs in eye-catching positions) to avoid children with poor eyesight and owners from falling into the water and being injured;

(4) The arch bridge should not be set too high (anti-skid treatment should be done step by step) to prevent the elderly or children from falling when walking;

(5) Rivers flowing through residential areas (naturally formed) should be effectively planned as a whole according to the actual situation (necessary protective measures should be added to key parts), leaving no potential safety hazards;

(6) The setting of other sketches must also consider whether there are defects from the perspective of safety in use.

3. House design

(1) Clear height of all kinds of basements and storerooms. Moreover, the threshold height of all kinds of doors should be strictly implemented in accordance with the national mandatory standard "Code for Residential Design", and the clear height of the garage should conform to the relevant provisions of the current industry standard "Code for Design of Garage Buildings" (courts in Fengtai District, Shandong Peninsula and other places in Beijing have accepted cases in which the owner was injured because the basement was too low and the unit's entry and exit threshold was too high, and finally decided that the development unit lost);

(2) Try not to set too many wide outer edges on the external wall, and try to avoid using large-area and heavy materials (such as ceramic tiles, marble, fire boards, granite, etc.). ) for decoration, and in strict accordance with the construction procedures for construction, to prevent future fall off and cause casualties (Article 126 of the General Principles of the Civil Law stipulates that buildings or other facilities and buildings are shelved, hanging objects collapse, fall off and hang down.

(3) Iron fences around residential areas and lawns should be designed to prevent climbing and drilling, but iron fences with pointed ends should not be set, and the personal safety of children should be considered;

(4) The parapet should also be designed to prevent climbing, and the height of parapet fence is generally higher than 50cm；;

(5) The gap between handrails in the corridor should not be too large (national construction standards should be strictly implemented) to prevent children from falling from the gap;

(6) Do not use general locks for other wire boxes such as meter boxes in the corridor, but use special locks (and post obvious safety warning signs on the box surface), and the main switch in the corridor should be hidden and not exposed (to prevent children and others from touching and getting an electric shock);

(7) Outside the window of the street-facing building, there are sidewalks or parking spaces below, so we can consider giving screens to reduce the parabolic phenomenon at high altitude (Shenzhen "Haolaiju" incident has given a profound warning to property companies);

(8) After the project is completed, the temporary cables, transformers, wells, exposed steel bars, angle irons and reinforced concrete with potential safety hazards shall be completely removed, leaving no potential safety hazards;

(9) The design, debugging and installation of the elevator must be in place (before use, ensure that it has passed the acceptance of the special equipment management department, post safety instructions in the elevator car, inform the owner of the prohibited behavior and the treatment scheme when problems occur, and require the communication merchants to install professional equipment in the elevator car when necessary to ensure smooth communication), so as to avoid unnecessary losses caused by people being trapped in the elevator operation.

4. Pavement and ground design

(1) When selecting materials for pavement and ground, try to avoid materials with smooth surfaces such as marble and pebbles (to prevent people from being injured by slippery pavement in snowy and rainy days). Even if smooth materials are used, anti-skid treatment must be carried out; If it is paved with square bricks, it is necessary to pay attention to the coincidence of horizontal height and corners during construction, and no palm-wide gaps can be left to prevent the owner from falling due to slippery roads or bumps on the corners of square bricks;

(2) There is no need to set up many street lamps, just meet a certain illumination. The lamp holder shall be rust-proof, firm, sun-proof, rain-proof and typhoon-proof, and the joint shall be insulated; If conditions permit, you can use solar cell street lamps; China Property Education Network;

(3) The slope of the road surface should not be too large, especially in Northeast China, where the road surface is slippery after snow, and the foundation should be prepared to prevent future collapse, which will bring potential safety hazards to the owners and vehicles;

(4) When designing roads with on-street parking spaces, the management of vehicle parking in the later period of property management should be fully considered, and the following standards should be met as far as possible when designing: the parking spaces on both sides are symmetrically distributed, and unilateral planning of parking spaces should be avoided as far as possible. For planned roads without parking spaces, it is suggested to divide them into one-way streets. This can effectively stop the problem of parking vehicles on both sides of the road, meet the requirements of the fire department, and effectively reduce road safety risks;

(5) Sewage and municipal manhole covers should be designed not to appear in the middle of the road as far as possible, so as not to be crushed by vehicles, which may pose a safety hazard;

(6) Do a good job in road drainage from the design to avoid the influence of accumulated water on walking;

(7) Avoid sharp turns in road design, increase the angle of view at turns to facilitate safe driving, and design wide-angle reflectors when necessary.

5. Greening design

(1) The choice of shrub species in green belts (especially in large residential areas) does not need to be too expensive or too diverse. The configuration principle is generous and decent, and the plants with few branches and no thorns are selected reasonably, which is convenient for maintenance in the shade and sunshine;

(2) Try to avoid setting flowerpots on the balcony. If you have to set up a flowerpot, you can consider setting up a flowerpot holder (the bottom of which inclines inward) to prevent disputes caused by inconvenience caused by dripping water to the owners below and injuries caused by falling flowerpots;

(3) It is not suitable to plant some tall trees in the park, which will affect the lighting in the future, causing dead corners, dead branches and broken branches of the camera to hurt people.

6. Appearance design of public facilities and equipment

(1) Vents, transformers, pump rooms, etc. Underground garages are generally decorated. Their durability, corrosion resistance and safety should be considered when decorating. Get rid of the spare parts, just be practical, and set up protective facilities around. We should not only pay attention to aesthetics, but also have safety defects. If not properly set up and managed, these facilities may cause damage to the owner's personal and property. As the setter or manager of a facility, he may be liable for damages to the injured owner or other victims due to poor setting and management, which constitutes a fault in tort law;

(2) To clarify the management personnel and responsibilities for the existing civil air defense projects.

7, tube well design

Sewage well, pipeline well, elevator well, telecommunication well, etc. It shall not be installed in tunnels and passages where owners and vehicles often pass. Generally, pressure-resistant materials should be used for manhole covers, and guardrails or other safety protection facilities should be set around them when necessary to prevent owners and vehicles from accidentally falling into them, causing casualties and property losses. (To be continued)

Second, the risks existing in the daily service process of property enterprises and their elimination

If the project taken over by the property enterprise has been developed and the hardware has taken shape, it is necessary to proceed from the existing situation, adjust measures to local conditions, maintain a high degree of foresight, and try to eliminate the existing liability risks if the changes cannot be changed in a large scale.

At present, legal disputes arising from personal injury, theft, robbery, destruction of property, damage to public facilities and improper methods adopted by property management companies basically occur in major residential areas. In most cases, the division of responsibilities is difficult, and the relevant laws have not made clear provisions on it. So how to avoid such disputes? The following measures can be used for reference:

1, the maintenance of order should be carried out in strict accordance with the provisions of the property service contract, which cannot be ignored in any case. An effective and feasible management plan should be formulated to ensure that there are no defects in management as far as possible. Managers should always supervise, not just become a mere formality and lose its substantive significance; Property security obligations focus on a fulfillment process. The security personnel have fulfilled their obligations, but they still can't prevent the damage from happening. The party providing property safety services shall not bear legal responsibility.

2. When signing a property service contract, there should be a clear agreement on the responsibilities of the owner after the personal and property safety occurs;

3. If parking is charged, the lease agreement must indicate whether it is "occupation fee" or "storage fee";

There should not be too many entrances and exits in residential areas. Don't park your car on the fire escape. You must set up an image collector at the entrance and exit of the community or garage to collect the situation of vehicles entering and leaving, so as to prevent damaged vehicles from entering the park.

5. Order maintainer should use patrol system to track patrol route; The patrol must be videotaped (the patrol point should be set within the camera range) so as to provide the owner or the court with evidence of the property company's security work; If the monitoring equipment is found to be out of order, it should be repaired and replaced in time to avoid the situation that it can not provide favorable clues to solve the case, and the property enterprise should also bear corresponding responsibilities; Vehicle order maintenance personnel should wear reflective signs at night to avoid being easily found by drivers at night and causing injuries;

6. In some places prone to liability accidents, the property management company has the obligation to set up warning signs to remind them of safety. According to Article 18 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, operators shall ensure that the goods or services they provide meet the requirements of protecting personal and property safety. A true explanation and clear warning should be given to consumers, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked. " This legal provision is consistent with the provision in Article 125 of General Principles of Civil Law, and both of them contain the legal requirement of "clear warning". For example, when going up and down stairs, pay attention to safety, watch out for steps (corridors), high voltage hazards, electric shock (transformers, wires), no climbing, no climbing (fences), and the ground is slippery. Pay attention to safety (ground), don't touch (wires), keep valuables (inside the car), don't park (fire exits and places where parking is forbidden downstairs), don't play in the water (pool), drop rat poison (to prevent children or pets from eating by mistake), spray pesticides (fruit trees), instructions and requirements for the use of entertainment facilities (fitness equipment), and pay attention to safety during construction (night construction site) Please walk on the sidewalk (entrance and exit of the residential area), be careful to pinch your hands. The elevator has just been oiled (elevator), pay attention to safety when the wall falls off (there are peeling walls), be careful when sliding behind the snowy road (snowy road), exit, do not smoke, do not pile up sundries (fire escape), take care of flowers and plants (lawn greening), and do not throw objects at high altitude, guard against theft, robbery and damage.

7. Fireworks should be set off during the Spring Festival, and owners who fail to set off fireworks according to regulations should stop them in time. If you don't listen to dissuasion, you should conduct on-site evidence collection, so that you can directly find the responsible person after the accident and formulate the corresponding emergency plan (Yongjia County Court of Zhejiang Province tried a dispute over compensation for fireworks and firecrackers, and Daguanjia Property Company failed to fully perform its property management duties and failed to stop the discharge of fireworks and firecrackers in the compound. Lack of corresponding emergency fire-fighting plan, there is a certain fault in the occurrence of this fire accident, and it should bear the corresponding liability for compensation, and it is decided that Daguanjia Property Company should bear 15% liability for compensation);

8, daily through inspection, owner complaints and other ways to find the existence of security risks should be eliminated in time, can not delay, accidents and tide wait for no man, accidents often occur in an instant;

9. sundries (such as solar bases, branches, abandoned building and decoration materials, etc.) and drains on roofs and public balconies should be cleaned up in time to prevent people and owners from being injured by accident due to poor drainage when the rainy season comes. Some communities have set up drains on the balcony of the owners' rooms. Because the owners don't cooperate, they are often not at home, which brings great inconvenience to dredge the drains. If the owners don't cooperate, try to get them to sign a disclaimer. If you are often away from home, you can leave a notice on the owner's door and make a video recording to prove that the notice has been issued (relevant regulations: "When repairing the * * * parts of the house and the * * * equipment, the neighboring owners and users should cooperate. If the neighboring owners and users obstruct the maintenance and cause property losses to other owners and users, the responsible person shall be responsible for compensation);

10. When taking emergency measures, be sure to contact the local police station, community and other owners to be present, track and video the process, and never open the owner's door without permission;

1 1, the northeast is easy to freeze in winter, so it is necessary to clean the "ice valve" formed on the roof in time to avoid falling and injuring the car;

12, lightning protection facilities should be checked frequently. According to relevant regulations, lightning protection is also a part of residential property management. In addition, property management companies should regularly maintain lightning protection facilities, because some lightning protection facilities will fuse after use and will not work normally for the second time. The grounding part should be handled well and not exposed. Many property companies generally ignore this point, which is easy to cause property losses to owners. Therefore, it is necessary for property management companies to maintain and test lightning protection facilities.

13, abandoned trash cans, billboards, billboards, letter boxes, etc. Deal with it in time in the park to avoid related accidents;

14. Try not to install receivers and signal amplifiers that are radioactive to the human body in the park. If installed, a report harmless to human body must be submitted;

15, fire control facilities should be checked frequently. If there is a fire, although the cause of the fire has nothing to do with the property company, if the fire-fighting facilities are defective and cannot be put out in time, the property company should also bear corresponding responsibilities;

16. Try not to keep the goods for the owner, whether it is paid or not. As long as the property enterprise provides this service for the owner, the property enterprise will bear the corresponding liability for compensation after the loss or damage occurs;

17, public liability insurance should be considered when calculating the expenses. Once a liability accident occurs, it is a good way to prevent the company from suffering heavy losses.

In short, both development units and property management enterprises must consider all aspects when developing and managing residential areas, and carefully consider the setting and management of some facilities from the perspective of safeguarding the rights and interests of owners. Only by nipping potential safety hazards in the bud can we avoid personal and property losses to the owners and avoid unnecessary liability risks.