Is there any responsibility for the stolen property in the community?

Especially after the theft, the two sides often argue about the responsibility. There are many reasons why the property of the owners in the community was stolen. Whether a property company should bear the responsibility, we must first understand the relationship between them and the responsibility of property management.

First, the understanding of property management

According to Article 2 of the Regulations on Property Management (hereinafter referred to as the Regulations): "Property management refers to the activities that the owners select property management enterprises, and the owners and the property management enterprises maintain and manage the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas". From this article, the following two points can be made clear: first, the property management company and the owner are equal subjects, with equal legal status, and they are the contractual relationship of property services. The specific content of property management shall be agreed by the property enterprise and the owner. Similarly, the responsibilities and scope of property safety management, such as: what is the content and scope of specific safety precautions? Under what circumstances should I bear the responsibility? What responsibilities should be assumed, etc. , should be clearly divided and defined by both parties in the contract; Secondly, according to the theory of differentiated ownership of buildings, property is divided into all parts and exclusive parts, while property management mainly focuses on the management of all parts of property. Unless otherwise agreed in the contract, the proprietary part shall be managed by the property owner (owner).

Second, safety management is "prevention" rather than "guarantee"

According to Article 47 of the Regulations: "Property management enterprises should assist in the security work within the property management area", this article first clarifies that property management enterprises are "assisting" in security management, indicating that they are not the main responsible persons and are in a secondary position; Second, the work of property "security" is security "prevention" service, which can never be understood as security "guarantee" service or "bodyguard" service. Property enterprises have neither legal obligation nor practical ability to ensure safety. Property management can only reduce the crime rate in the property, but it cannot and cannot completely eliminate the crime phenomenon in the property.

Three, the property management contract is different from the vehicle storage contract.

Property management contract and vehicle custody contract are two different contractual relationships, and property management contract naturally does not include vehicle custody contract. Owners can't think that as long as they pay the property service fee, the property management company should be responsible for keeping their own vehicles or property lost, because the staff of the property management company didn't actually control the owners' vehicles, which doesn't conform to the specific characteristics of the custody contract (for example, Zhang San opened the basement of Li Si's neighbor's house and pushed Li Si's electric car into his basement, but Zhang San was not caught, and then Li Si complained to the property management company on the grounds that the vehicle was stolen. Should the property management company compensate Li Si for an electric car? )。 Of course, if the property management company signs a custody contract with the owner alone, and the owner hands over the vehicle to the property management company for custody, and the property management company actually collects the custody fee, and then the vehicle is lost or damaged, the property management company must bear the responsibility for poor custody.

Four, the property company is not an insurance company.

According to the regulations, the daily service management of property enterprises generally includes environmental greening, cleaning, public maintenance, fire management, decoration management and order maintenance. Property enterprises are neither insurance companies nor public security organs. Imagine that in the event of theft, asking the property company to bear the liability for compensation is equivalent to insuring the family property insurance with the insurance company, which is unfair to the property company that collects the meager property management fee; To take a step back, if you want to bear the responsibility, it should also be the public security organ, because fighting crime is the main duty of the public security organ. As taxpayers, property enterprises bear all kinds of expenses of public security organs, and public security organs also have unshirkable responsibilities.

Five, property management can't cure all diseases.

As property management is a new sunrise industry, its development history is not very long. Some owners understand that as long as they pay the property service fee, they can sit back and relax. The property management company shall ensure that its property is not damaged and has the obligation to protect it. Property companies will naturally have an accident. In fact, this concept does not correctly understand and understand property management, but infinitely expands the scope of property safety management and has too high expectations for property management. Property management cannot cure all diseases, and dedication sometimes does not mean absolute satisfaction.

Six, the quality and price of property services are consistent.

As an enterprise, property management companies also need to survive and develop, considering both social benefits and economic benefits. Affected by the property grade, the property management fee standard of luxury villas or high-grade commercial houses is correspondingly higher, and the hardware facilities such as intelligent security are much better than ordinary residential areas, with perfect security system, high hardware safety factor and high quality of software personnel. As the property service fee is in direct proportion to the property service provided by the property management company, the property management company can only determine the property safety management plan according to the property charging standard it controls, and rationally allocate security personnel to provide the owners with security services with the same quality and price.

Seven, arbitrary default leads to a vicious circle.

The quality of safety precautions also depends on the collection of property management fees. If the property management fee itself is low, and the owners lack understanding and support for property management, they always find various reasons to delay or refuse to pay the management fee, which will undoubtedly affect the normal operation of the property management company, resulting in low work enthusiasm, poor service quality and reduced personnel, which will affect the development of safety precautions. Then it will lead to more owners' dissatisfaction and refusal to pay property management fees, which will directly lead to a vicious circle, which will make the property company unable to carry out service management normally, lead to paralysis of the community, and ultimately make all owners suffer.