Is the property management company liable for damage caused by the owner s unauthorized alteration o

If it is allowed by the property, the property is responsible; If the owner alters without notifying the property, the property is not liable.

Legal analysis

The object of this offence is the ownership of public or private property. The targets of the crime may be various forms of public or private property, including the means of production and means of subsistence; Movable property, immovable property, etc. However, if the perpetrator intentionally destroys some specific property as otherwise provided for in this Law, endangering other subject elements, it shall be handled in accordance with the relevant provisions of this Law.

This crime is objectively manifested as the destruction or damage of public or private property, where the amount is relatively large, or where there are other serious circumstances. Intentional damage to finance refers to the use of incineration, smashing, etc., to completely lose the value or use value of the item; Damage refers to the partial loss of the value or use value of an article. There are many ways to destroy public and private property.

However, if the perpetrator uses dangerous methods such as arson, flooding, poisoning, or ** to destroy public or private property, endangering public safety, it shall be punished as a relevant crime in the crime of endangering public safety. The intentional destruction of public or private property must reach a relatively large amount or there are other serious circumstances before it constitutes a crime. The so-called "serious circumstances" refers to the destruction of important items where the loss is serious, and the means of destruction are particularly heinous; Destroying urgently needed items causing serious consequences; Despicable motives, attempts to blame others, and so on.

Intentional destruction of public or private property, where the circumstances are relatively minor, is a general violation of the administration of public security and shall be punished in accordance with regulations. The subject of the crime is the general subject. The so-called "serious circumstances" generally refer to the destruction or damage of important items, and the loss is serious; The means of destroying or damaging public or private property are particularly heinous.

Legal basis

Criminal Law of the People's Republic of China

Article 275:Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Article 276:Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or otherwise sabotages production and operation, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and seven years imprisonment. Article 276-1: Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the relevant departments still fail to pay it, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.

Public downpipes are public facilities that need to be rebuilt and should be undertaken by the property management company. The owner should report to the property management company before making unauthorized alterations. If it has been reported and the property management company agrees, the property management company is more responsible.

If you don't agree, you should stop it, and if you don't stop it, or if you don't stop it effectively, you should bear part of the responsibility. In short, the property company is responsible.

If they do not bear responsibility, they shall directly claim compensation from the infringer. Because the property management company is entrusted by the owner to serve the owner, the owner repairs the downspout pipe is not under the management of the property company, and the owner should be responsible for the problem. Suggested by netizens, for reference only. Good luck!

It is the responsibility of the owner to change the property without permission. According to Article 290 of the Civil Code of the People's Republic of China, [Adjacent Relationship of Water Use and Drainage] The owner of the immovable property right shall provide necessary convenience for the adjacent right holder to use water and drain water. The use of natural flowing water shall be reasonably distributed among the adjacent rights holders of the immovable property.

The discharge of natural flowing water shall respect the natural flow direction. Article 296 of the Civil Code of the People's Republic of China: [Use of Adjacent Immovable Property to Avoid Causing Damage] Where the owner of immovable property uses adjacent immovable property for the purposes of water, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the owner of the adjacent immovable property. Article 233 of the Civil Code of the People's Republic of China [Methods for Resolving Property Rights Disputes] Where property rights are infringed, the right holder may resolve them through conciliation, mediation, arbitration, litigation and other means.

Legal basisArticle 233 of the Civil Code of the People's Republic of China [Methods for Resolving Property Rights Disputes] Where property rights are infringed, the right holder may resolve them through conciliation, mediation, arbitration, litigation and other means.

Article 234 of the Civil Code of the People's Republic of China [Right to Request Confirmation of Property Rights] Where a dispute arises over the ownership or content of a real right, interested parties may request confirmation of rights.

Article 235 of the Civil Code of the People's Republic of China [Right to Request Return of Original Property] Where there is no right to occupy immovable or movable property, the right holder may request the return of the original property.

Article 236 of the Civil Code of the People's Republic of China [Right to Claim for Exclusion of Obstruction] Where a real right is obstructed or may be obstructed, the right holder may request the removal of the nuisance or the elimination of the danger.

Article 237 of the Civil Code of the People's Republic of China [Right to Request Restoration of Property Rights] Where immovable or movable property is damaged, the right holder may request repair, rework, replacement or restoration in accordance with law.

Article 238 of the Civil Code of the People's Republic of China [Right to Claim Compensation for Damages in Real Rights] Where a real right is infringed, causing damage to the right holder, the right holder may request compensation for damages in accordance with law, and may also request to bear other civil liabilities in accordance with law.

Legal analysis: The maintenance period of public pipelines in the community is generally two years. If it is during the maintenance period, the contractor is responsible for maintenance; On the contrary, if it is not within the maintenance period, the property service unit will be responsible for maintenance.

Legal basis: Property Management Regulations

Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.

Article 3 The State advocates that owners choose property service enterprises through an open, fair and just market competition mechanism.

Fourth State encourages the use of new technologies, new methods, relying on scientific and technological progress to improve the level of property management and services.

If you cause damage to another person as a result of changing the sewer pipe, you are fully responsible for the loss (compensation, restoration, aside, etc.). According to the Property Law of the People's Republic of China:

Article 91: Owners of immovable property rights must not endanger the safety of adjacent immovable property when they excavate land, construct buildings, lay pipelines, install equipment, and so forth. Article 92: Where the owner of immovable property rights uses adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing harm to the adjacent immovable property rights holders; Where damage is caused, compensation shall be given. In addition, according to Article 10 and Article 5 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over the Differentiated Ownership of Buildings, if the owner or other actor violates laws, regulations, relevant national mandatory standards and management regulations, or violates the decisions made by the owners' general meeting or the owners' committee in accordance with the law, and carries out the act of "residents privately changing the sewer pipeline", it may be determined that Zhaoshan is other "acts that harm the lawful rights and interests of others" as referred to in the second paragraph of Article 83 of the Property Law.