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1. The claim of the property is untenable, and the failure of the owner to pay the property fee is not a statutory reason for exempting the property liability; The electric car is a renovation team invited by the owner, and it is related to the owner, and it does not have to be the owner's lost property to bear the responsibility.
2. However, in order to bear the responsibility of the property, there must be legal provisions or contract agreements. First of all, the property did not undertake to take custody of the electric vehicle, so it was impossible to pursue the liability of the property according to the custody contract. Then, the key is to see whether the property service contract has been signed, and whether the property has fulfilled the service contract.
Article 36 of the Property Management Regulations stipulates that "property management 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. )
3. From the analysis of the situation you introduced, the main responsibility lies in the fact that the electric vehicle is not delivered for safekeeping, and even if the property is responsible, it only bears secondary responsibility (the owner bears half of the responsibility at most).
If the property is lost and the property is only to assist the resident to call the police, then the property should not be compensated, and the owner only needs to bear a certain responsibility, and does not need to compensate in full.
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The property management company is not liable, and the owner is not liable.
1. The property management does not restrict the entry and exit of electric vehicles, nor does it charge storage fees for electric vehicles, so it is not responsible for taking care of electric vehicles.
2. The owner also did not charge a storage fee, and the two parties did not have a custody agreement, and there was no responsibility to take care of the electric vehicle.
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But you didn't park in the designated spot. How to prove that your electric car has been parked downstairs? You need to provide: Let's do more on our own. .Is there monitoring? If there is, there is responsibility! But it's not all property.
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Whether the property in the community is liable for the theft of electric vehicles needs to be determined based on the following circumstances:
1. If the owner's vehicle is lost due to the property failure to fulfill the obligation to ensure the safety of the community in accordance with the property contract, the property needs to compensate the owner;
2. If the property has fulfilled the obligations stipulated in the property contract and fulfilled the duty of ensuring the safety of the community, the property does not need to compensate if the owner loses the car.
What is the specific process for suing a 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.
Legal basisArticle 6 of the Property Management Regulations.
The owner of the house is the owner.
Owners have the following rights in property management activities:
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;
2) Propose to convene a meeting of the general meeting of owners and make recommendations on matters related to property management;
3) Propose to formulate and revise the management statute and the rules of procedure of the general meeting of owners;
4) Participate in the meeting of the general meeting of owners and exercise the right to vote;
5) To elect the members of the owners' committee and enjoy the right to be elected;
6) To supervise the work of the owners' committee;
7) Supervise the performance of property service contracts by property service enterprises;
8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;
9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);
10) Other rights provided for by laws and regulations.
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Legal analysis: if the electric vehicle is stolen in the community, if the property in the community is charged for the custody of the electric vehicle, during the storage period, if the electric vehicle is damaged or lost due to poor property storage, the property shall be liable for compensation; If the community property custody of electric vehicles is free, then the property and the electric vehicle owner is formed between the free custody contract relationship, the property can prove that they are not intentional or gross negligence, then do not need to be liable, then the electric vehicle owner must provide evidence to prove that the property is grossly negligent, the property will be liable.
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 custodian due to improper custody, the custodian shall be liable for compensation. However, if the gratuitous custodian proves that he or she is not intentional or grossly negligent, he shall not be liable for compensation.
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1. Whether the property in the community is responsible for the theft of electric vehicles needs to be determined according to the following circumstances:
1) If the owner's vehicle is lost due to the property failing to fulfill its obligations to ensure the safety of the community in accordance with the property contract, the property needs to compensate the owner;
2) If the property has fulfilled the obligations stipulated in the property contract and fulfilled the duty of ensuring the safety of the community, the property does not need to compensate if the owner loses the car.
2. Legal basis: Article 6 of the Property Management Regulations.
The owner of the house is the owner.
Owners have the following rights in property management activities:
1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;
2) Propose to convene a meeting of the general meeting of owners and make recommendations on matters related to property management;
3) Propose to formulate and revise the management statute and the rules of procedure of the owners' general meeting;
4) Participate in the meeting of the general meeting of owners and exercise the right to vote;
5) To elect the members of the owners' committee and enjoy the right to be elected;
6) To supervise the work of the owners' committee;
7) Supervise the performance of property service contracts by property service enterprises; Potato type.
8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;
9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);
10) Other rights provided for by laws and regulations.
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 of the defendant's domicile and the place 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.
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Legal analysis: the loss of the electric vehicle in the community, the property responsible for the management of the community is responsible, the property company has the responsibility to protect the safety of the property, and the owner can ask the property company to take responsibility.
Legal basis: "Property Management Regulations" Article 35 Property service enterprises shall provide corresponding services in accordance with the provisions of the service contract. Nian Shan Chop.
If 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 liability in accordance with the law.
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Is there any liability for the stolen property of the battery car? Is the property liable for the stolen battery car, if there is an agreement, the property is liable; If not, the property is not responsible. Whether the property company should be held liable, the key issue is whether the owner and the property company have formed a contractual relationship between the owner and the property company for the custody of the electric vehicle.
The theft of electric vehicles in the community is generally divided into two situations. First, if the electric vehicle is parked in a dedicated enclosed area, such as a carport, and there is a special person on duty, and the property company also charges a certain fee to the owner, then the two parties have formed a contractual relationship. In the event of theft of an electric vehicle, the property management company will be liable for compensation.
However, if the owner's electric vehicle is not parked in a dedicated area and does not pay the property management company for parking and storage, but is parked in the public space of the community at will, the property management company has no obligation to keep the electric vehicle. However, the property management company has the obligation to cooperate with the public security authorities in the investigation of the theft of electric vehicles. Do you understand this explanation?
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If an electric vehicle is lost in the community, it is generally not a property compensation, and it can be reported to the police and handled by the public security as a criminal case.
Legal basis: Property Management Regulations
Article 35 Property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service sales contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the owner's personal and property source safety, it shall bear corresponding legal responsibility in accordance with law.
Article 36 When a property management service enterprise undertakes a property, it shall go through the property acceptance formalities with the owners' committee, and 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 enterprise.
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I'm glad to answer for you: I'm repairing electric cars, there is an experience in the industry, I'll share it with you, the new battery is within three packs of a year, basically there is no limit, every ten miles rush for 1 hour, it doesn't matter if it's full, 1,2 times a month for air defense batteries, about ten percent. The key is that after one year, the irreversible hydrochloride of the battery is aggravated, so after the battery is full, the charger must be unplugged, and try not to run out of the battery, let alone charge it for a long time, in short, keep the battery 7 or 8 points full, so as to facilitate the long-term use of the battery. Thank you.
Quality and after-sales are simply speechless......Bought less than two days before the noise took to the store and repaired it for a fucking week Said that the chain was tight Something broke Said that it can be ridden normally Just can't pedal (the new national standard I bought with the same function as a bicycle) Isn't this bullshit Even if I don't use it I just bought it and there is a problem, can this be cool The store apologized and sent a pedal I thought it was not a big deal Forget it I didn't expect to ride for two days Then I found that every time I rode two kilometers, the battery suddenly lost power During a ride I was almost hit by an electric car in the back and hit the store directly in the back ** and said that I was going to return the car Since I said: I can't return it and I can't change it I ...... it and then repair it