Recently, Ma Kun (pseudonym) from Hengshui City, Hebei Province reported to the Beijing News reporter that there have been several thefts in his community, and according to the property contract, the property in the community is responsible for safety precautions, with 24-hour guard monitoring on duty, regular inspections to maintain normal order in public places and other matters. Ma Kun wants to know that if there is a theft incident in the community, can the owner not pay the property fee on this ground?
Answer: In response to Ma Kun's question, lawyer Fan Meihua, director of Beijing Shengyun Law Firm, said that in accordance with Article 942 of the Civil Code, property service providers should maintain the basic order in the property service area and take reasonable measures to protect the personal and property safety of property 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. Community property service companies shall adopt regular security inspections, installation of security monitoring in public areas and other methods to maintain the security of the community. After the theft occurs in the community, the property management company shall report to the relevant administrative departments, provide community surveillance videos, security inspection records, etc., and assist the relevant administrative departments in dealing with the theft.
Lawyer Fan Meihua further introduced that when the court adjudicates similar cases, it will handle them according to the actual situation. If the property management company can provide evidence to prove that it has fulfilled the above relevant obligations, the owner cannot refuse to pay the property service fee on the grounds that there has been a theft in the community. On the contrary, if it can be proved that the property management company is not in place, the court will reduce or reduce the property service fee of the owner according to the actual situation.
Beijing News reporter Zhang Jian.
Edited by Wu Xin and proofread by Lu Qian.