Is the pavement in the community maintained by the property management company? Should the property company bear the responsibility for the owner's injury caused by potholes in the community?

Of course, residential roads are maintained by property, and the property company is responsible for management and compensation if the owners are injured because of inadequate pavement maintenance. The specific scope and responsibilities of property management are generally implemented in accordance with the provisions of the residential property service contract. The scope and responsibilities of property management usually include the maintenance, conservation and management of houses, supporting facilities and related sites, as well as the maintenance of environmental sanitation and related order in the property management area.

Legal analysis

There is a prerequisite for a property management enterprise to assume the liability for compensation, that is, it fails to perform its duties as stipulated in the property service contract, causing personal and property damage to the owner. As long as the property has fulfilled its management responsibility, it is not responsible for the damage to the owner. Security obligation is the most important and basic obligation of residential property companies. Assist in the safety work in the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. Residential property enterprises violate laws and regulations on public security, environmental protection, property decoration and use in the property management area. The realty service enterprise shall stop it and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law. If the owner is injured due to the pavement problems in the residential area, the residential property shall be responsible for management and compensation.

legal ground

property management regulations

Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.