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Who is responsible for the elevator injury accident in the community?
1. Who is responsible for elevator injury accidents in residential areas needs to be handled according to the actual situation. Details are as follows:
(1) Passengers use the elevator in violation of regulations, causing elevator accidents, and individuals shall bear the responsibility;
(2) Elevator manufacturers should be responsible for quality problems;
(3) Due to improper elevator management and inadequate maintenance, the maintenance unit has been responsible for the property management company.
2. Legal basis: Article 1252 of the Civil Code of People's Republic of China (PRC).
If buildings, structures or other facilities collapse and cause damage to others, the construction unit and the construction unit shall bear joint and several liability, except that the construction unit and the construction unit can prove that there are no quality defects. After the construction unit and the construction unit make compensation, if there are other responsible persons, they have the right to recover from other responsible persons.
If buildings, structures or other facilities collapse due to the owner, manager, user or a third party, the owner, manager, user or a third party shall bear the tort liability.
2. Which department can I complain about the elevator problem?
Residential property companies have the right to choose qualified elevator maintenance companies that meet the requirements of the state to engage in daily elevator maintenance. But the residential property company is also employed by the owners. Therefore, in the choice of elevator maintenance company, on the one hand, we should consider the requirements of the owner's service, on the other hand, we should consider the cost of hiring elevator maintenance company from the perspective of our own operation. And there are irreconcilable contradictions in these two aspects.
Generally, elevators are maintained by professional elevator maintenance companies. The property has the obligation to notify the maintenance personnel for timely maintenance. If the property can't restore the normal operation of the elevator for a long time, causing inconvenience to the owners, you can tell them first, and then you can find two departments to solve it:
1, complain to the property management department;
2. For elevator quality problems, complain to the Technical Supervision Bureau or immediately call the hotline 12365 to report the complaints.
Residential property occupies public green space to build parking spaces. How to defend rights and complain to what department?
According to the relevant provisions of the Civil Code of People's Republic of China (PRC):
1. If the residential property company changes the public greening into a parking space, it shall report to the relevant landscaping department and the real estate company for approval before construction, and the public greening facilities shall not be changed without approval;
2. Before decoration, all owners shall be informed, and construction can be carried out in accordance with relevant regulations or schemes only after more than two-thirds of the owners agree and sign.
Moreover, the renovated property must be open to all owners free of charge. If the charging system is adopted, the parking fee belongs to all owners, and the property management company can collect and remit it. All expenses should be returned to each owner equally, or the corresponding property fees of each owner should be deducted. Among them, the property company can agree with the owners' committee to extract a certain parking space management fee.
In case of any of the above-mentioned violations, the owner may report to the Property Management Office of the Real Estate Management Bureau or to the relevant landscaping department.
The service of the property management company can't satisfy the owners. What should the owners do if they complain that the property effect is not satisfactory?
Article 946th of the Civil Code of People's Republic of China (PRC).
If the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract.
If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.
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