Job Recruitment Website - Property management company - Is the vehicle responsible for the loss of property in the community?
Is the vehicle responsible for the loss of property in the community?
First, most residential parking lots are of two types.
1, the special parking lots built by developers and available for sale are generally underground. This kind of parking lot has clear property rights, first the developer, then the buyer.
2. The residential area built a few years ago had fewer parking spaces. In recent years, with more and more cars entering the homes of ordinary people, the ground (public places) in the community has been transformed into parking lots, such as roadside and buildings in the community.
More controversial are some residential road parking lots. After the car is stolen, the owner often accuses the property company of dereliction of duty: you should protect the owner's personal and property safety when you collect the property fee. ? And the property management company is quite impressive? Grievance? :? How can the limited property fees allow us to fulfill such a big responsibility? ?
Second, what do property companies think?
If there is no special garage in the community, the owner will park the vehicle in the community for free. The relationship between the two parties is a venue lease, and the property only charges parking fees. In case of theft, the property is not responsible.
If there is a special garage in the community and there is no special person to look after it, regardless of whether it is charged or not, generally speaking, the relationship between the two parties is also a venue lease relationship, and the property is irresponsible for vehicle theft.
Whether the property with stolen vehicles is liable or not depends mainly on whether the contractual relationship between the owner and the property is custody or site lease. If it is only a venue lease relationship, the property is not responsible.
The theft of a vehicle is completely a criminal case, and criminal cases can only be handled by the police. The security of their property company can only do basic security work such as public security patrol and past post system. There is nothing they can do about such a theft, and it is not their responsibility.
Third, for residential parking lots, does the property only provide space or need to undertake corresponding management functions?
Is the property management company not responsible for the damage or loss of the owner's vehicle in the residential parking lot? From the point of view that the equality of rights and obligations is the basic principle of civil law, as long as the parking fee is charged, the custody obligation should be fulfilled. No matter what the name, the site use fee? Okay? Parking fee? Okay? Venue rent? Ok, all the fees are for vehicle storage.
If the owner pays the vehicle storage fee and obtains valid evidence, whether it is a receipt or not, there is a custody contract relationship between the owner and the property owner, and the property owner must bear the corresponding custody obligation.
Article 36 of China's "Property Management Regulations" stipulates that property management enterprises shall provide corresponding services in accordance with the provisions of the property service contract. If the property management enterprise fails to perform the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.
Therefore, if the property management company fails to fulfill the stipulations of the property service contract in the service process and is at fault for the consequences of the owner's property loss, it shall bear corresponding legal responsibilities.
According to relevant laws, one of the new property management regulations implemented by the state? If a property management enterprise neglects management and fails to fulfill the security obligations stipulated in the service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. ? The loss of the owner's vehicle should also belong to this category.
- Related articles
- When will Zhuhai Tianmao Pilot Bay be delivered?
- How many houses does Zhu have?
- Model essay on work summary of production department in 20 19
- What happened to Tianhe Jingyuan in Longgang?
- Is emerald bay's house in Qingbaijiang Xinli an unfinished building?
- What is the telephone number of Wuhan Changjiang Modern Property Co., Ltd.?
- What's the telephone number of Loudi Zidongcheng Sales Office?
- Conditions for running Chengdu Neusoft College
- Where is the hometown of Liangzhu in Zhangjiakou?
- Where is the address of Mingyue on the riverside of Wuhu?