Chongqing: Who is right? Private cars are damaged by ventilation pipes, but they have to sign an exemption agreement.

The underground parking space he bought encountered unexpected troubles. In June 2020, Mr. Zhu parked his car in the property parking space in the basement of the community he bought. The next day, when Mr. Zhu was ready to go to work by car, an amazing scene appeared in front of him. The ventilation pipe above his car fell off, which just hit the rear windshield, the back side of the roof and the trunk of the vehicle, causing the vehicle to be damaged to varying degrees. Mr. Zhu immediately informed the residential property and reported the case to the insurance company.

After that, Mr. Zhu spent nearly 20 thousand yuan to repair the vehicle. When asking the insurance company to make a claim, he was told that the damage to the vehicle was caused by falling objects from high altitude. Mr. Zhu could not get a claim because he did not buy special insurance in the auto insurance. Mr. Zhu immediately demanded compensation for the residential property, but the property company said that he was not at fault and did not agree to compensation. As a result, Mr. Zhu filed a complaint against the property company and the industry Committee of the community.

Who will bear the responsibility? The plaintiff, Mr. Zhu, claimed that he paid the property management fee and parking management fee on time, and the property company failed to fulfill the management responsibility of community equipment maintenance after collecting the fee, resulting in damage to his vehicle and should be liable for compensation. The property management company argued that after the property management company moved in, it made six written suggestions to the industry committee to use the maintenance fund to dismantle the ventilation pipes of the underground garage, and submitted five sets of rectification plans and the corresponding budget report on the demolition expenses, but this required the consent of more than two-thirds of all the owners of the underground parking spaces, including Mr. Zhu. However, after consulting the owners every time, the industry Committee came to the conclusion that the owners decided not to demolish it, and the property management company was helpless.

For the aging problem of ventilation pipes, the property management company informed the owners to pay attention to safety through the electronic screen in the community and posted notices, thus fulfilling the management responsibility. The Committee argued that the problems existing in the ventilation pipes of underground garages were to be rectified after the current Committee took office. Under the principle of adhering to the procedure first, the owner's query table for dismantling ventilation pipes was launched, and all processes were publicly announced. Mr. Zhu also received a vote on demolition, but he didn't vote. Although there are nearly 1 10,000 maintenance funds for the underground garage in the residential area, the use of maintenance funds should follow the procedure of owners' voting according to the law and cannot be decided privately. However, the owner said that he could not see it and did not vote, which led to the owner's final disapproval of the demolition, and the industry Committee could do nothing.