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Basic facts of the case
In December 2019, Lao Li purchased a storage room in Building 5 of a community developed by a real estate company in Yuncheng and signed a property service contract with a property company in Yuncheng. In May 2023, the shared sewer pipe located in the storage room was damaged and leaking, and the goods stored by Lao Li were flooded and damaged. After Lao Li failed to negotiate with a property company in Yuncheng and a real estate company in Yuncheng on compensation matters, he sued the second company to the court, requesting that the two companies be ordered to jointly compensate for the loss of goods.
A property management company in Yuncheng argued that the company only had the obligation to maintain and manage the public area, and that the damaged sewer pipe involved in the case was located in Lao Li's own storage room, which belonged to the exclusive area of the owner and did not fall within the scope of property maintenance and management, and should not be liable for compensation. A real estate company in Yuncheng argued that the quality of the storage room involved in the case had passed the quality acceptance, and the acceptance and delivery time had exceeded two years, and according to the law, the minimum warranty period for the drainage pipe had expired, and it should not be liable for compensation.
Heard by the courts
After trial, the court held that the property service contract signed between Lao Li and a property management company in Yuncheng stipulated that the property management company was responsible for the repair, maintenance and management of the common parts of the housing buildings in the community, including the common water and sewage pipes, downspouts, etc., which should be kept free of damage and blockage. In this case, although the damaged drainage pipe was located in the exclusive area of the owner, it was a common pipe for the owner of the unit building, not for the owner's own use, and fell within the scope of the maintenance, repair and management area of the property management company, and a property management company in Yuncheng failed to provide evidence to prove that the necessary maintenance and management of the pipeline involved in the case had been carried out, so it should bear the corresponding liability for its management negligence and fault. With regard to Lao Li's claim that a real estate company in Yuncheng should be jointly liable for compensation, the evidence in the case shows that the quality of the storage room involved in the case was qualified at the time of delivery, and the delivery and acceptance time had exceeded the statutory quality warranty period, and a real estate company in Yuncheng was not at fault for Lao Li's losses, so it was not supported. To sum up, the court ordered a property company in Yuncheng to compensate Lao Li for the loss of goods and the assessment costs.
What the judge said
For example, in this case, although the damaged drainage pipe is located in the exclusive area of the owner, it is shared by the owner in the unit building and is not used by the owner himself, so it should belong to the common part, and the property management company shall perform the obligations of repair, maintenance and management in accordance with the contract. When undertaking the property, the property management company shall inspect the common parts of the property and the common facilities and equipment, have a good idea of the quality and use of the common parts and common facilities and equipment, fully assess the potential dangers, and take corresponding maintenance and management measures. Even though the drainage pipes involved in the case are located in the exclusive area of the owners, which brings some inconvenience to the maintenance and management of the property management company, if the property management company can negotiate with the owner to determine the maintenance and management time, it has every opportunity and conditions to maintain and manage the drainage pipes, so the property management company does not maintain and manage, in fact, it is negligent in performing its contractual obligations.
Links to legal provisions
Article 287 of the Civil Code of the People's Republic of China provides that the owner has the right to request that the construction unit, property management service enterprise or other managers and other owners bear civil liability for the infringement of their lawful rights and interests.
Paragraph 1 of Article 942 of the Civil Code of the People's Republic of China 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 manage 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.
Article 1165 of the Civil Code of the People's Republic of China: Where an actor infringes upon the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Source: Yuncheng County People's Court, Li He