What should I do if the motorcycle is damaged in the community?

15. Who is responsible for the theft of residential vehicles?

Mr. Zhang bought a fixed parking space in his community to park his car. Residential areas are under closed management. All vehicles entering and leaving the community, such as owners' cars, are swiped in and out. If foreign vehicles enter temporarily, they will be registered by the security guard. One day in September 2005, Mr. Zhang and his friends changed cars, swiped their cards into the community and parked in their own parking spaces. The next morning, Mr. Zhang found the car missing and learned that his friend had not taken it away. The two immediately reported the case to the public security organ and informed the property management enterprises in the community in time. Unable to solve the case, Mr. Zhang found the property management and demanded compensation for his losses, but the negotiation failed. Mr. Zhang took the residential property to court and entrusted Shao Hua, a lawyer from Hubei Chenghecheng Law Firm, to represent the case.

Lawyer's tip: Article 36 of the Property Management Regulations, which came into effect on September 1 2003, stipulates that "property management enterprises shall provide corresponding services according to the stipulations of the property service contract. If the property management enterprise fails to fulfill the agreement of the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. " That is to say, when the owner's personal and property safety is damaged in the residential area, it is possible for the property management company to take responsibility, but three conditions must be met: (1) The property service contract clearly stipulates the responsibility of the property management company to protect the owner's personal and property safety; (2) The property management enterprise fails to perform the contract; (3) There is a causal relationship between the damage to the personal and property safety of the owner and the failure of the property management enterprise to perform the contract. It should be noted that if there is no specific agreement in the contract, is the property management enterprise completely irresponsible? The answer is no, the reasons are based on the following two points: (1) According to the principles of relevant laws, even if there is no clear agreement, property management enterprises may bear such responsibilities according to other laws and regulations; (2) This agreement is not required to be very specific. As long as it can be inferred from the expression of the property service contract that the property management enterprise has this responsibility, it still needs to bear the responsibility. Take this case as an example. Although there is no very clear agreement on the above responsibilities in the property service contract, it only means that the community is closed, security patrols are conducted 24 hours a day, and vehicles are registered in and out, providing the best service for the owners. But the above statement is enough to show that the property management company has the responsibility to ensure the safe entry and exit of vehicles in the community. Of course, the reasons why the stolen vehicle can leave the community smoothly are complicated and diverse, but from the analysis of the facts of the case, the car was not swiped by Mr. Zhang, and the community security office did not register the time when the car left the community, so the property management enterprise should be liable for compensation.

To sum up, whether the property management enterprise should bear the responsibility when the personal and property safety of the owners in the residential area is damaged depends on whether the property management enterprise has fully fulfilled its obligations stipulated in the property service contract.