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Is there a custody responsibility for the property to collect parking fees?
Legal analysis
Whether the property has the responsibility, we must first determine whether there is a contract between the owner and the property company, and if so, we must clarify what obligations the property undertakes to the vehicle. If the property company undertakes the custody obligation, the nature of the charge is the custody fee, which may be liable for compensation; If the contract stipulates that the property only provides parking lot lease and does not undertake the obligation to keep the vehicle, the nature of the charge is parking fee, and the property does not have to bear the liability for compensation for the vehicle being scratched; If there is no contract agreement or the agreement is not clear, it shall be combined with other circumstances. In addition, it depends on whether the two parties are at fault, such as whether the owner stops at the designated location. I would like to remind you that owners should clearly understand their rights and parking risks when paying the relevant property management service fees, and at the same time take necessary measures to strengthen vehicle parking safety prevention. Also, if there are other cases of damaged parking spaces, whether the property company has fulfilled its obligations in specific cases should be judged according to the stipulations of the property contract and the specific circumstances of the case.
legal ground
property management regulations
Article 47 The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations. If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.
Forty-eighth real estate administrative departments of local people's governments at or above the county level shall promptly handle complaints from owners, owners' committees, property users and property service enterprises in property management activities.
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