How to complain about the property in the blind area of community monitoring

The residential camera is damaged and the property is responsible for the maintenance.

According to the property service contract and relevant laws and regulations, the property management company is responsible for the usual maintenance of monitoring equipment, but the maintenance funds should be used for equipment renewal and replacement. These conditions are determined by the owner in accordance with article 278 of the Civil Code:

(a) to formulate and amend the rules of procedure of the owners' congress; (2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) the use of funds for the maintenance of buildings and their ancillary facilities;

(six) to raise funds for the maintenance of buildings and their ancillary facilities;

(seven) renovation of buildings and their ancillary facilities; (eight) change the use of * * * or use * * to engage in business activities;

(nine) other major matters related to the management rights of * * * and * * *.

The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.

This article lists the rights of the owners and the voting proportion when exercising their rights. At the same time, it also involves three judicial interpretations, namely, Articles 7-9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over the Ownership of Buildings (revised in 2020).

Article 7 In case of partial punishment, if the owners' meeting decides according to law or the management statute determines that the owners should make the same decision, the "other major matters" related to the management rights of * * * and * * as specified in Item (9) shall be determined.

Article 8 area calculation. According to the order ① the area recorded in the register, if there is no ② the area actually measured by surveying and mapping institutions, if there is no ③ the contract area.

Article 9 the number of people is calculated. A set of plans for one person; One person with multiple sets is counted as one person; The unsold part of the construction unit and the part that has been sold but not delivered shall be counted as one person.

Meeting and voting: the number of people and area ≥2/3 is passed at the meeting, the main owners and area ≥ _ _ _, and the secondary personnel and area > _ _.

First of all, as a part of the supporting facilities in the community, the monitoring system should be accepted by the property, the construction unit, the developer and the owner's representative at the beginning of the delivery of the new house, and can only be put into use after it is qualified. After moving in, the property is responsible for the daily maintenance work, and the owner (or owners' committee) will urge the property to maintain the fault monitoring equipment in time.

At present, the state has no mandatory provisions on the quality, function and coverage of community monitoring system. In addition, as an image recording tool, although the monitoring system has a deterrent effect on theft, it may not be able to prevent this behavior. However, due to the limitation of equipment production and installation conditions, the "blind area" is inevitable, and the personal property loss caused by it cannot be directly judged, and the owner can define it through legal channels. However, if the above problems are caused by the property's long-term neglect of equipment failure, the owner can ask the neighborhood Committee to help coordinate or complain to the District Housing and Construction Bureau.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates: "If a property service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as stipulated in the property service contract or stipulated by laws and regulations and relevant industry norms, the people's court shall support it if the owner requests the property service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses."

Article 36 of the Property Management Regulations stipulates that "a property service enterprise shall provide corresponding services in accordance with the provisions of the property service contract. If the realty service enterprise fails to fulfill the stipulations of the realty service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. "