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First of all, there are two situations to understand first, whether the area where you put the car is the parking area for the exclusive electric vehicle, and whether the property company charges the corresponding service fee for the care of the vehicle. If there is no special parking area at the entrance of the residential unit, and the property management company does not charge the relevant nursing vehicle service fee, the property management company will not be responsible for your lost car. The property management company has no obligation to protect private finances (unless otherwise agreed in the property service contract), and the security service of the property management company is aimed at the management and service of public order, so the loss of your personal financial affairs should still be reported to the police to solve the problem, but the property management company has the obligation to cooperate with the investigation.
Of course, if the property company has charged you for the corresponding vehicle management services, then he will be fully responsible.
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Indict? You're too serious, but it's better to negotiate this kind of thing. Under normal circumstances, the property will not be compensated.
Somewhere else can you make a little comforting compensation, such as how long is the free parking? It's all negotiable. There are really too many incidents of lost battery cars, not to mention the property, even the local police station can't manage it, and it can't be checked.
Even if there is surveillance, I believe it will not help. It's understandable to lose something, negotiate it, and then the property will provide you with some convenience. And that's in the past.
Next time, remember to leave it in the garage.
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Compensation should be made, and it is the duty of the property management company to ensure the safety of the owner's property. Sue for omission and failure to perform the duties of the property.
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If there is a charge, you will have to compensate, and if you don't, you need to negotiate.
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The owner was injured while riding an electric vehicle in the community, and the property ignored it, is the property infringing?
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Whether the community needs to compensate for the loss of the electric vehicle property depends on the situation
1. If the storage of electric vehicles in the community property is charged, during the storage period, if the electric vehicle is damaged or lost due to poor storage of the property, the property shall be liable for compensation;
2. If the community property custody of electric vehicles is free, then the property and the owner of the electric vehicle is formed a free custody contract relationship, and the property can prove that it is not intentional or grossly negligent, then it will not be liable for compensation.
What are the responsibilities of the property.
1. Property maintenance management. The property management company shall, in accordance with the national standards for property management, carry out maintenance and technical management of the properties under its operation and management, including the management of housing safety and quality, the management of housing maintenance technology and the management of housing maintenance and construction;
2. Management of property equipment. The property equipment that needs to be managed mainly includes water supply and drainage equipment, gas equipment, heating and ventilation equipment, electrical equipment, etc.;
3. Property environmental management. The property management company has the obligation to manage the environment of the residential community to meet the standards stipulated by the state, including pollution prevention, environmental cleaning, environmental greening, etc.;
4. Property management safety. The property management company shall take various measures to ensure the personal and property safety of the owners and housing users, manage the public security of the community, manage the fire safety of the community, and manage the vehicles and personnel entering and leaving the community;
5. Liaise with the public utilities department on matters related to public utilities.
[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 is not intentional or grossly negligent, he shall not be liable for compensation.
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Legal analysis: The loss of an electric vehicle 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
45th property management area in violation of public security, environmental protection, property decoration and use and other aspects of the law, regulations and regulations, property service enterprises shall stop, and timely report to the relevant administrative departments. After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.
Article 46 Property service enterprises shall assist in the safety precautions within the property management area. In the event of a safety accident, the property management service enterprise shall report to the relevant administrative department in a timely manner while taking emergency measures to assist in the rescue work. Where property management service enterprises hire security personnel, they shall comply with relevant state provisions.
When maintaining public order in the property management area, security personnel shall perform their duties and shall not infringe upon the legitimate rights and interests of citizens.
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Legal analysis: the owner loses the electric car in the garage, the key depends on whether the owner and the property company have signed a property management contract, if there is no agreement, then the property company has no custody obligation, but must fulfill the minimum safety obligation. For example, whether the doorman of the property company meets the requirements, whether the security guard has carried out the necessary registration of strangers, whether the security guard conducts routine patrols, etc.
If the property management company fails to perform or does not fully perform the above obligations, it is a defect in their management, and the owner can require them to bear the liability for compensation equivalent to the degree of negligence of the property management company.
Legal basis: Article 35 of the "Property Management Regulations" 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.
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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 of the car 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 property service contract. If 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 safety, it shall bear the corresponding legal responsibility in accordance with law.
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According to Article 897 of the Civil Code of the People's Republic of China implemented in 2021, if the storage of electric vehicles in the community property is charged, 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 the electric vehicle is free, then the property and the owner of the electric vehicle is formed a free custody contract relationship, the property can prove that there is no intention or gross negligence, then orange Xian then does not bear the liability for compensation. At this time, the owner of the electric round collapse must provide evidence to prove that the property is grossly negligent, and the property will be liable.
In judicial practice, it is difficult for electric vehicle owners to prove that the property is grossly negligent, and the community property does not need to be liable.
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