Ms. Liu, a resident of Lily Shijia Community in the urban area -Whether the Tianlin Iron Stick Vehic

Author:Cangzhou today Time:2022.06.14

In the past few days, Ms. Liu in Lily Shijia Community in the urban area was a little annoyed: When her private car was parked in the parking space in the community, the rainwater pipe upstairs and the sharp iron rod with a fixed rainwater pipe fell into the car and picked up two. Hole. Ms. Liu wanted to ask, who would compensate her loss in this case.

The car is parked in the parking space

Two holes are tied

On June 3, Ms. Liu parked her private car in the parking space on the south side of the 3rd unit of Building 8 of the community. On the evening of June 5th, Ms. Liu found that there was a hole of about 1 cm diameter on the front of the car, and there were scratches of 2030 cm long on the cave.

Ms. Liu thought that someone deliberately destroyed, and hurriedly looked around the car, and found that a sharp iron rod was inserted on the plastic parts near the left fog lamp in front of the car.

Ms. Liu found the staff of the community property company and wanted to view public videos, but was told that the camera near Building 8 was faulty and could not retrieve public videos.

Next to Ms. Liu's car, there is another car. The owner of the car told Ms. Liu that his trunk was also pierced with a hole, and scratches appeared near the cave.

In order to find out the truth, Ms. Liu and the owner reported the police. The police then retracted other public videos. When Ms. Liu viewed the video, it was found that when the incident was windy, the 3rd units, 24 and 26 floors on the 8th floor of the incident, a seven or eight meters of rainwater pipes from the seventeen or eight meters suddenly dropped. Women and another car owner's car.

Calculating from the community property

Excluding the factors of human destruction, Ms. Liu found the property company in the community to negotiate car repair.

Ms. Liu said that at the beginning, the staff of the property company stated that they would coordinate the incident as soon as possible. Unexpectedly, a few days later, when Ms. Liu asked the solution to the property company again, the staff of the property company stated that they had just taken over the community and the relevant work has not yet been handed over to the previous property companies. Ms. Liu should go to the previous property The company asked for compensation.

Ms. Liu did not recognize the statement given by the property company. She told reporters that the current property company posted a notice in the community to allow residents of the community to pay property fees from May 27, 2022 to May 26, 2023. This shows that the property company has taken over the work of the community on May 27, and there is no reason to ask her to find the previous property company.

Subsequently, the reporter contacted the staff of the community property company. The other party said that at the time of the incident, they were handling the handover procedures with the previous property companies in the community, and the exterior walls and rainwater pipes in the community had not yet handled the transfer. The rainwater pipes in the residential residential residential building have disrupted for a long time, and they are in a "semi -damage" state. They suddenly drop during wind. In this case, it is not reasonable to find them claims.

The staff member said that although the community posted a notice of collecting property fees, the other party had not paid the property fee. If the outer wall and rainwater pipe of the residential building and rainwater pipes are intact, and the owner pays the property fee on time, they can cooperate with the other party to take the judicial procedure claim.

lawyer:

Who is managing who is responsible

Yesterday, the reporter consulted Zhang Zhiyong, the director of Hebei Gonghui Law Firm. Zhang Zhiyong believes: "Who is managing, who is responsible." The rainwater pipe belongs to the auxiliary facilities of the building. The loss caused by improper management of wall accessories shall be borne by the property company.

As for the new property company or the old property company, according to the provisions of Article 949 of the Civil Code, if the transfer period agreed in the old and new property companies, because the original property company does not tell the new property company truthfully, the hidden safety hazards are truthfully informed of the new property company The problem shall bear the corresponding responsibilities of the original property company. If the new and old property companies have completed the transfer and the original property company has already talked the hidden dangers, the new property company shall bear the responsibility of poor management.

Regarding who the accident is responsible, Zhang Zhiyong believes that it depends on how the transfer contract is stipulated and the original property has fulfilled the corresponding transfer obligation during the transfer process.

(Reporter Cui Chunmei)

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