Source of property safety obligation

If the owner fails to pay the property fee, the property does not affect his obligation to ensure safety. The property management company shall provide maintenance and other services to the public parts of residential areas according to the property service contract, and shall not stop the service because individual owners fail to pay property fees. The property management company's suspension of service infringes on the legitimate rights and interests of the owners who have paid the fees.

If the owner who has not paid the property fee asks the property management company to provide special services for its exclusive part, the property management company certainly has the right to refuse, because the special services of the exclusive part do not belong to the adjustment scope of the property service contract. Of course, owners should also pay property fees on time to ensure the normal operation and service of the property.

Legally speaking, the security obligation of a property company is an obligation of conduct rather than an obligation of result. If the property company has fulfilled its security obligations, even if the community owners have personal and property damage, they should not bear civil liability for compensation.

This is because the security guards of property companies are neither police nor bodyguards, and the duties of police and bodyguards cannot be imposed on security guards. Security business is of a service nature. Security guards can be equipped with non-lethal defense tools, but they are not allowed to be equipped with electric batons, handcuffs and police ropes. Moreover, even the public security organs of state violence organs cannot completely prevent and stop the occurrence of illegal and criminal acts.

Therefore, the security service in the property service should be understood as creating convenient and safe conditions for the use of the property and providing preventive services for public order and public safety in the property service area. This kind of obligation is more of an obligation of attention, vigilance and prevention, which can not completely guarantee that everyone's property and personal rights and interests will not be damaged, but can only reduce the possibility and proportion of such risks.

Therefore, if the owner's personal and property rights and interests are damaged, the property company should compensate, which is obviously unfair to him; Only when the property company fails to fulfill the duty of care and diligence of the kind manager, that is to say, it is at fault, will it bear the corresponding liability for compensation.