Who is responsible for the broken elevator in the community?

It is relatively easy to solve the elevator fault with clear responsibility. What is complicated is that the elevator is not man-made damage, and the maintenance cost in this case becomes a problem. The elevator fees paid by residents in the residential area every day include the daily maintenance fee of the elevator, which means that the property is responsible for the daily maintenance, and the property has signed a daily maintenance contract with the elevator maintenance company. In the case that the daily maintenance of the maintenance company is in place, once the elevator is artificially damaged, the property depends on whether a certain maintenance fee is agreed with the maintenance company in the contract, and if so, it will be implemented according to the agreement; If not, as the owner of the elevator, the owner will bear the cost of maintenance. In this case, the "housing maintenance fund" and other expenses are often used. In general, the property management company or the maintenance company will help to replace and repair the minor faults of the elevator. However, in the event of a major elevator failure and the need to replace high-cost components, the owner needs to bear the responsibility. At present, there is no one to repair the elevator damage, mainly because there is no clear agreement between the owner, the property and the maintenance company. Therefore, agreeing on each other's responsibilities and obligations in advance is the premise to solve this problem.

legal ground

property management regulations

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.