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The property is not responsible, the property is not entitled to the underground parking space, it should be on behalf of the developer, the general basement property rights belong to Party A, in addition to the parking space, the property management regulations stipulate that the underground parking space must meet the first needs of the owners in the community, that is, the owner has the right to choose to buy and lease parking spaces, but the property and the developer can not only sell not group idle garages.
Legal analysisProperty managementProperty management in a broad sense refers to all services related to the development, leasing, sale and post-lease of real estate. Property management in a narrow sense refers to the maintenance of buildings and the management and maintenance of related mechanical and electrical equipment and public facilities, public security, cleaning and sanitation, greening, etc. Property management can theoretically be summarized as:
Organized by professional enterprises, using modern management methods and advanced maintenance technology, it provides professional management of the house and its equipment, infrastructure and surrounding environment for the entire use process of property after-sales. It is an economic method for housing, living environment, property maintenance and other aspects to provide efficient and high-quality, economical services, property management is related to the use of building management services, his purpose is to enable building users to enjoy safety, health, comfort, cleanliness, environmental protection, convenience and good living function of the living space, property management is a value-added service of the property, in addition to providing labor services and services in the building, in order to continue the basic needs of building life and use, but also through the operation and management of income increase, to enhance the value of real estate and land. Property services include:
Maintenance, repair, and maintenance of security security, cleaning labor and equipment and facilities such as electricity, air conditioning, lifts, water supply and drainage, security systems, etc., the main object of property management The main industrial objects of property management are residential communities, including high-rise and multi-storey residential buildings, comprehensive office buildings, commercial buildings, tourist hotels, standard industrial plants, warehouses, etc. It has a fairly wide range of management and diversified service offerings. In addition to the management of the use and rental of the house, the maintenance and maintenance of the house and ancillary equipment and facilities, there are also cleaning, public security, traffic guidance and vehicle parking, environmental greening and various services that provide convenience for the residents' lives.
Legal basisProperty Management Regulations》 Article 34 The owners' committee shall enter into a written property service contract with the property management service enterprise selected by the owners' general meeting. The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc.
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You can refer to the parking service agreement signed with the property to see how it is agreed.
Usually, the property company is only responsible for the maintenance of infrastructure equipment, such as parking lot cleaning services, site maintenance, lighting system monitoring system, barrier system and other daily services.
The parking space lock is the responsibility of property custody, and the property management company is generally not responsible.
However, since it is in the parking lot, the property patrol personnel should perform their daily patrol duties, report problems to the owners in a timely manner, and try their best to find the monitoring and find the specific responsible person.
It is best to go to the property service center to report first, and ask for a record to give a solution. Even if you are not satisfied, you cannot condone the recurrence of similar situations.
Hope it gives you a reference.
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As long as the property management and the owner of the parking space have a sales contract, the parking lock is damaged, and the person should be responsible.
Legal analysis
The property is not responsible. The property is not liable unless there is a contract with the property for safekeeping. Property services include the following:
Use, management and maintenance of common facilities and equipment of the property. Greening of the property management area, sanitation. Parking management of vehicles.
Please note that only the property directs the vehicle to be parked in order. Assistance and maintenance of fire protection, safety precautions, and emergency rescue in the property management area. Obligations to inform, dissuade, and report prohibited acts within the property management area.
Development of property maintenance, renovation and renovation plans and financial management of costs. Custody of property service records and property records. Other property services entrusted by owners' meetings and owners' committees.
If it is a parking space demarcated by the property in the community, and the owner normally pays the parking fee or management fee, the property needs to bear certain responsibilities. If the first three are installed, then the property is responsible for maintenance; It is installed by the owner of the parking space, that is, the owner of the parking space is responsible. In addition, if the parking lock is completely damaged and cannot be repaired, and the parking lock needs to be replaced, it is estimated that it is useless to find the property in reality.
For the equipment in the community, the property can be repaired or repaired, and these jobs can be solved more or less as long as the master of the property is skilled. However, if the property needs to replace a certain type or set of equipment (and incur related costs), then the property can be difficult to do.
Legal basis
Property Management Regulations
Article 36 When a property management service enterprise undertakes a property, it shall go through the property acceptance procedures with the owners' committee. The owners' committee shall hand over the materials provided for in the first paragraph of Article 29 of these Regulations to the property management service enterprises.
Article 35 Property service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.
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The property is not responsible, report. The police look for the perpetrators.
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Is the parking space yours? There should be monitoring.
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Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law. Motor vehicles parked in the underground garage of the community should be signed a contract and paid a fee. Any damage to the vehicle should be borne by the property in full.
The property can be compensated in cash, or it can be responsible for repairing the car or waiving parking fees for a certain period of time.
Legal basis: Article 36 of the "Property Management Regulations" property service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.
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The property is responsible. A property contract will be signed between the property and the owner, and the property will be responsible for the maintenance and management of the public goods in the community and the owner's goods stipulated in the contract. The damage to the parking lock caused the property of the owner to suffer, which means that the property has not played a reasonable management obligation, and the owner has the right to apply for certain damages from the property.
Legal basis: "Property Management Regulations" Article 36 Property management enterprises shall provide corresponding services in accordance with the provisions of the property service contract. If a chain-chain property-based bank management enterprise fails to perform the provisions of the property service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with the law.
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1. There is no responsibility for the car being pried into the property in the community.
1. Whether the property is responsible for the damage caused by the parking lock needs to be determined according to the following circumstances:
1) If the custody contract or property service contract signed with Shenla Property Company clearly stipulates that the owner's vehicle is damaged within the scope of service and management of the property management company, the property management company shall bear the terms of compensation, and the property management company shall bear the liability for compensation;
2) If there is no above circumstance, if the owner's vehicle is damaged in the parking space or parking lot, the property management company shall not be liable for compensation if it proves that it is not intentional or grossly negligent.
2. Legal basis: Article 897 of the Civil Code of the People's Republic of China.
During the custody period, if the custodian causes damage or loss of the stored property due to the custodian's improper custody, the custodian shall be liable for compensation. However, if the gratuitous custodian proves that he or she did not intentionally or materially overdo the slippage, he shall not be liable for compensation.
Article 937.
The property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary excavation facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee.
Property service providers include property service enterprises and other managers.
2. What is the specific process of suing the property.
1. The competent court should be determined first, and the property service contract dispute should be under the jurisdiction of the court at the place where the defendant is domiciled and where the contract is performed;
2. The owner prepares a complaint and files a lawsuit with the court;
3. The owner prepares evidentiary materials to support the litigation claim.
Method 1: Pendulum incline reversing method.
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