Can I claim property compensation after the items left by the owner in front of my house have been cleaned up?

Recently, Mr. Li of Tianjin reported that he put the courier in the corridor at his door. I didn't expect the courier to be cleaned by the cleaning staff of the property company. After some searching, it failed. Mr. Li wants to know, is the property company responsible for this?

Answer:

Regarding the question raised by lawyer Li, lawyer Dai Jinhua, the founder of Beijing Jin v. Law Firm, said that in order to maintain the normal living order of the community and eliminate the fire hazard in the community, the property management company can notify the community owners in advance and clear up the sundries piled up in front of their own doors and corridors within a time limit. Overdue, in accordance with the community management norms to clean up. If the owner fails to clean up the stacked sundries within the time limit after receiving the notice, according to the community management norms, the property management company generally falls within the scope of properly performing its duties.

According to the provisions of the Civil Code, the owner owns the proprietary parts of the building, such as business premises, and has the right to co-manage the parts other than the proprietary parts. In addition, Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings stipulates that public transportation parts such as passages, stairs and foyers, auxiliary facilities and equipment such as fire fighting and public lighting, and structural parts such as refuge floors, equipment floors or equipment rooms shall be identified as * * * parts.

Lawyer Dai Jinhua believes that, generally speaking, in ordinary houses, many public areas are owned by the owners as long as the areas and spaces not specified in the rooms are not owned by the owners. If Mr. Li leaves the courier in front of the door for a long time, he will take part of it privately. If it is difficult to judge whether the express delivery belongs to idle things piled on the surface or garbage, the property company can handle it according to the idle things without owners under the normal performance of its duties without compensation.

According to Dai Jinhua's lawyer, not long ago, the owner of a residential area said that he had piled up several items with collectors' banknotes in the corridor in front of his house, and later found that the items were lost. After verification, he learned that the residential property company cleaned it up and sold it, so he sued the property company to the court and demanded compensation for property losses of 3,000 yuan. After hearing the case, the court decided to reject all the claims of the owner.