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Who is responsible for the loss of the underground garage in the community? Developers, municipalities? Property management?
1. Is it force majeure that the underground garage is flooded and the vehicle is damaged by heavy rain? Although rainstorm is inevitable, bad weather can be predicted by weather forecast, and the adverse consequences caused by rainstorm can be avoided by taking the initiative to attack. Therefore, this is not force majeure, and developers and property companies cannot be exempted from liability on this ground.
Second, for developers, they have the obligation to build underground garages according to the requirements of the specifications and deliver the parking spaces that meet the specifications and standards to Li. Specifically, the "Water Supply and Drainage" section of the Code for Design of Garage Buildings stipulates that "underground garages should be equipped with sump pits and drainage pumps with oil separation measures". In other words, the underground garage should not only have water in the sump, but also have a drainage pump for drainage. If the underground garage in Li's residential area meets the design specifications, then the risks in the use process should be borne by Li himself when the parking space has been delivered to Li. Even if the underground garage is flooded due to heavy rain, the developer is not at fault and does not have to bear the liability for compensation. On the contrary, if the developer fails to construct according to the design specifications and the underground garage itself has drainage defects, it can be presumed that the developer is at fault for the loss and should bear the corresponding liability for compensation.
Third, for property management companies, they should actively perform their property management duties and take effective measures to avoid the losses caused by water accumulation in underground garages. Specifically, we can judge whether the property management company has fulfilled its management responsibilities from the following aspects:
(1) Whether there is a work plan to deal with sudden floods in advance;
(2) If the weather forecast has predicted the rainstorm, whether to remind the owner in advance;
(3) When the rainstorm happens, do you inform the owner to drive to the ground in time? (4) Whether necessary measures have been taken to deal with the rainstorm.
Of course, even if developers and property companies are liable for compensation for their faults, they will not be fully responsible under normal circumstances.
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