The owner has paid the property fee, and after the motorcycle is lost, should the property managemen

Whether the community property company bears the liability for damages after the loss of the motorcycle, first of all, the owner of the car proves that the vehicle was scratched or stolen in the parking lot of the community, and secondly, determine whether there is a contract with the community property company, and determine whether the fee agreed in the contract is a parking fee or a storage fee. If it is a storage fee, the property management company should be liable for compensation, but if it is a parking fee, it will not be liable for compensation.

Legal analysisWhether the property management company should bear the liability for compensation for the theft of the car parked in the parking lot of the community lies in the agreement of the property management service contract on the management of the car. If both parties agree that the owner's car should be parked in the designated place, then as long as the owner fulfills the obligation to place the vehicle in the designated place as agreed, the custody contract will take effect, and the property management company shall bear the custody responsibility; If the two parties do not make an agreement on the parking of the car in the property management service contract, but in accordance with the relevant rules and regulations of automobile management, as long as the owner has gone through the handover procedures for the parked car, and the parking is accepted and approved by the property management company in the designated location, the two parties will constitute a de facto custody contract relationship, otherwise it will not constitute a custody contract relationship. Property services include public services and preferential services, and the property fees paid by the owners belong to the public service part, which has been agreed in the property contract.

The owner's vehicle is parked in the common part of the community, which belongs to all the owners in common, and it is not the ownership or use of the property that should be a cost of custody. The owner parked the vehicle in the parking lot of the community, therefore, the vehicle was lost, and the property should be liable for compensation.

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.

1. Let the owner report to the police The property company actively cooperates with the public security organs to solve the case and provides the greatest possible assistance**.

If the property company provides the site and there is no one to guard it, as long as it can provide relevant proof that it has fulfilled its duties.

It's still possible, such as patrol records, personnel access management, etc.

2. If the owner sues the court, the court will appoint a first-class appraisal agency for the owner to make an evaluation report based on the valid bills provided by the owner, and then use this report as the basis.

The judgment shall be made according to the actual situation and with reference to the relevant legal basis

3. Look at the terms of the parking problem in the [Owner's Agreement] that you give to the owner and explain it to the owner.

It shouldn't be compensated, he provided a parking spot, but he didn't say that you will keep it.

Legal Analysis] If the motorcycle is lost in the community, the property is responsible and the property should be compensated. If the motorcycle is lost in the community, the property is liable for negligence, and according to the property contract signed by both parties, the property has the responsibility of custody, and the loss will be compensated according to a certain percentage. Whether the property management company is liable for compensation after the owner's vehicle is found to be stolen or damaged in the community depends on the contract signed by both parties.

If the owner has signed a property service contract with the property management company, stipulating the property management company's responsibility for the custody of the vehicle, and the owner has also paid the parking fee and handled the relevant vehicle entry and exit procedures, then the property service contract signed by the owner and the property management service company also includes the relevant content of the vehicle storage.

Legal basis] Civil Code of the People's Republic of China Article 1182 Where property losses are caused by infringement of the personal rights and interests of others, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances. Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers. Article 45 of the "Property Management Regulations" in the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, 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.

Summary. Hello, according to your description, the property needs to be responsible. According to the provisions of the relevant laws of our country, if the motorcycle is lost in the community, the property responsible for the management of the community is responsible, and the property company has the responsibility to protect the safety of the property, and the owner can ask the property company to take responsibility.

The motorcycle was lost in the community, but the monitoring property could not be provided, and the monitoring provided was all bad, can I sue the property.

Hello, according to your description, the property needs to be responsible. According to the provisions of the relevant laws of our country, if the motorcycle is lost in the community, the property responsible for the management of the community is responsible, and the property company has the responsibility to protect the safety of the property, and the owner can ask the property company to take responsibility.

Hello, you can sue. According to 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.

What if the property is unwilling to bear or does not recognize the contract? What information is needed to sue the property, the motorcycle is new.

Hello, the following information needs to be submitted to sue the property: 1. Indictment. 2. Evidentiary materials.

3. The plaintiff's ID card and the information proving the defendant. 4. If you entrust another person to litigate, you must also submit a power of attorney with clear authorization and a copy of the trustee's ID card, and provide the original for inspection.

Hello, there is also the police record after the motorcycle is lost, and so on.

Can I sue without a contract? How to write an indictment? What evidence is needed?

Hello, if you don't pay the property fee, then the lawsuit will generally not be supported by the court.

There is a receipt for the property fee, the property monitoring can not be used**, what else is needed.

Hello, if you have a receipt for the payment of property fees, you can use it as evidence, and you can sue the local court to protect your rights.

What is the evidence to prove the defendant? Can you tell me what else I need in my case, the payment record, the monitoring can't be used, the alarm record, the indictment, and what else I need.

Hello, with the payment record of the property and the lost alarm record, you can file a lawsuit with the court and file your claim.

How does the prosecution process go and how much does the prosecution fee cost?

Hello, the cost of the lawsuit is about 50 300 yuan, if you sue in advance, you can ask the defendant to pay after winning the lawsuit.

Hello, the process of filing a lawsuit is as follows: (1) file a lawsuit with the competent court; (2) The court examines and finds that the case is accepted and filed if it finds that it meets the conditions for acceptance; (3) the complaint is served on the defendant, and the defendant responds within the prescribed time limit; (4) ** trial; (5) court investigations; (6) court debate; (7) Judgment.

Legal analysis: Whether the property management company is liable for compensation after the owner's vehicle is stolen or damaged in the community depends on the contract between the two parties. If the motorcycle is lost in the community, the property has the responsibility for negligence, and according to the property contract signed by both parties, the property has the responsibility of custody, and the loss will be compensated according to a certain percentage.

Legal basis: Article 937 of the Civil Code of the People's Republic of China A property management 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 facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property management fee. Property service providers include property service enterprises and other managers.

Article 46 of the Property Management Regulations 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.

It is processed in accordance with the terms of the contract. and or.

Legal basis: Article 466 of the Civil Code of the People's Republic of China provides that the parties may enter into a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

My motorcycle is lost in the community, is the property responsible, should the property be compensated? According to the property contract signed by both parties, if the property has the responsibility of custody, the loss will be compensated according to a certain percentage. After the owner's vehicle is stolen or damaged in the community, whether the property management company is liable for compensation depends on the contract between the two parties.

If the owner has signed a property service contract with the property management company, stipulating the property management company's responsibility for the custody of the vehicle, and the owner has paid the parking fee and gone through the relevant procedures for the vehicle to enter and exit the warehouse, the property service contract signed between the owner and the property management company includes the content of the vehicle storage. According to the provisions of the Civil Code of the People's Republic of China, where the infringement of the personal rights and interests of others causes property losses, compensation shall be made in accordance with the losses suffered by the infringed party; Where it is difficult to determine the losses of the infringed party, and the infringer obtains benefits as a result, compensation shall be made in accordance with the benefits obtained; Where it is difficult to determine the benefits obtained by the infringer, and the infringer and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.

If the infringing act endangers the safety of the person or property of others, the infringed party may request the infringer to bear tort liabilities such as stopping the infringement, removing obstacles, and eliminating dangers. The above is the relevant content compiled by the lawyer, do you understand?