Source | Urban Live Original
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Recently
Mr. Yang, who lives in Chaoyang Center, Greenland, Nanchang City, Jiangxi Province
called "City Scene" to reflect
He had a dispute with the property in the community some time ago
The cause is to take place in:
A car accident in the underground garage of the complex
Mr. Yang said it all started on April 16. That day, he drove his Mercedes Benz out and ended up rear-end in the underground garage of the community.
Mr. Yang: At that time, the Tesla came from the right, and then my car couldn't brake, the ground skidd, and I crashed straight into it.
From the footage provided by Mr. Yang, it can be seen that the garage floor was wet at that time. Mr. Yang said that in the spring, there was a lot of rain and heavy moisture, and the floor of the garage in the community was relatively smooth. Although he would walk cautiously and slowly in and out of the garage, an accident still happened.
After the accident, Mr. Yang immediately notified the insurance company that the total amount of damage assessed for the two cars in the 4S store was 60,000 yuan. At present, both cars have been repaired and the insurance company has paid for it. But has this matter been resolved? Mr. Yang doesn't think so.
Mr. Yang: As a property owner, I feel a little negligent in the management of the parking lot in this community. I just felt that the ground was not cleaned and the ground was slippery, and then the car couldn't brake and hit it. I feel that the property has a corresponding responsibility in it.
Mr. Yang said that although the car damage is borne by the insurance company, he has spent a lot of time and energy on it, and the cost of buying car insurance in the coming year will definitely increase, and his community property should bear part of these costs and losses. In this regard, the property replied to him that the vehicle rear-end collision caused by the slippage of the road surface in the underground garage is force majeure, and he can only be given a 2-month property fee waiver.
Ms. Wang, property supervisor of the community: Because the underground parking lot is not built by the property, nor is it run by the property, to be honest, the weather continues in the rainy season is the cause of force majeure. Can I give him two months of exemption from property fee compensation? Make people feel more comfortable.
Mr. Yang: I don't think it's reasonable, if the property has to bear the corresponding responsibility, how much is its responsibility, according to the law, right? I think it should be resolved in accordance with the law, rather than saying that if there is responsibility, there is responsibility, and if there is no responsibility, there is no responsibility.
Mr. Yang could not accept the compensation plan of "waiver of two months' property fee" proposed by the property in the community. So, is there a legal basis for his claim for compensation?
Article 942 of the Civil Code stipulates that the property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green and operate the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners. For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.
Lawyer Li Yijian: The garage is obviously within the scope of property services, so it should be subject to a management obligation.
Regarding the property staff's argument that the slippery garage road surface due to the return of moisture in the weather is force majeure, lawyer Li Yijian believes that the Civil Code stipulates that force majeure is an objective circumstance that cannot be foreseen, avoided and overcome. This argument of the property personnel is legally untenable.
Lawyer Li Yijian: In this incident, only the wet car slip in the basement should be foreseeable, and the property should need to be foreseen during the inspection process.
Lawyer Li Yijian believes that there is a legal basis for Mr. Yang's claim against the property, but the premise is that there is evidence to prove that there is a causal relationship between the occurrence of the accident and the slippery ground.
Lawyer Li Yijian: If there is indeed a basement slip, and the property has not fulfilled its safety obligations and has not taken any measures to cause the accident, the property needs to bear the corresponding responsibility for the incident.