In 2006, Ms. Cai rented the present shop to do furniture decoration business.
In June last year, 5438+065438+ 10, Ms. Cai recalled that at about two o'clock in the morning, she received a phone call from the security guard saying that her shop had been stolen. The security guard had already called the police. At that time, the police had filed a case and went to the scene to collect evidence for investigation, but so far there was no result. Ms. Cai said: "Although a surveillance camera was installed outside the goods in Holiday South Street at that time, when I looked at the video materials, I found that my store was just in the blind spot of camera monitoring, and the camera could not monitor it. And since it was stolen, I have never seen the property management come over to adjust the camera position. "
Ms. Cai said that because a shop next to it was stolen before, the property management reduced some management fees. For the stolen property (computer worth 4,000 yuan), Ms. Cai hopes that the property management will reduce the management fee for ten months (about 3,300 yuan) to make up for its economic losses. Accompanied by the landlord, Ms. Cai went to the management office and expressed her hope for property management compensation. At that time, the property management office replied that the security guards patrolled normally, did their duty and were irresponsible according to the relevant "management regulations". Its requirements can only be conveyed to the leadership, but also have to be approved by the leadership.
After the property was stolen, Ms. Cai didn't pay the management fee except the utilities because she didn't get a reply from the property management office about compensation. This is half a year.
In April this year, the property management cut off the water and electricity of Ms. Cai's shop without any notice. Later, under the coordination of the landlord, the property management was able to restore the water and electricity of Ms. Cai's shop.
"But last week, the property management cut off the water and electricity in our store again without any notice," Ms. Cai told reporters. "When the landlord and I went to the management office to pay the water and electricity bill, the management office refused to collect our water and electricity bill." Ms. Cai said that manager Zhang of the security department and the manager of the property management office were present at that time, but the staff of the property management office said, "The company will not make any representations. If you are not convinced, you can go to court with us or call the media. "
"We just ask the property management company to reduce the management fee for six months. We don't really care about the stolen property, as long as the attitude and handling method of the property management company are unacceptable." Miss Cai once again expressed her dissatisfaction. "I also hope that in this way, property management companies can supervise the safety of shops outside. What's the point of not paying hundreds of management fees every month? " As of press time, Ms. Cai has not received a reply from the property management.
There have been many thefts in shops in residential areas.
The owner pointed out that property management should be responsible and strengthen supervision.
The reporter visited the shops along Sunshine Holiday South Street. Many shopkeepers told reporters that many shops were patronized by thieves, including desktop computers, laptops, cash and bicycles. Even the wood that the shopkeeper left at the door was stolen. Thieves commit crimes at different times, day and night.
"It is also common for bicycles to be stolen," the staff of Longwen Education Store in Sunshine Holiday South Street told reporters. "The bicycle in front of the store has been stolen many times, and even the bicycle we just bought on the wood has been stolen. Thieves basically commit crimes during the day, which is really embarrassing. "
In February this year, Hua, the owner of Store 26, was robbed of his laptop at noon. According to Ahua's memory, the robber pretended that the customer entered the store to read the information. When he turned to pour water, the robber immediately picked up the laptop and got into the car that had already waited outside, and took it away in less than a minute.
"My store was stolen the night before last, and it was not until I opened the store in the morning that I found that the lock of the store was pried open." The property management company did not pay any compensation, on the grounds that the security of the property management company was on patrol and there was no dereliction of duty. Although the loss was not great, the owner of the fishing rod expressed his dissatisfaction and asked, "If the security work was in place, didn't the security guards on duty in three shifts find my shop stolen that night?" What responsibility should the property management company bear? At that time, I felt that the amount of lost property was small (800 yuan) and the new store was opened, so I didn't go into it. I think it is very necessary for property management companies to strengthen public security supervision. "
The owner of the lighting shop in Sunshine Holiday South Street told the reporter, "When we went out for lunch last year, the shop was pried. The laptop was also stolen in broad daylight, and the shops were all outside the community. The security patrol outside is very suspicious. "
Owners' claims can be based on property management regulations.
The key is to clarify who is responsible.
"The phenomenon that stolen owners claim compensation from property management companies has a long history." Lawyer Yi, a special lawyer of Sohu, said, "The key is to distinguish who should bear the main responsibility when the theft occurs and whether the property management company has corresponding commitments to the owners. This commitment has legal effect. " Reportedly, residential owners usually report to the police and negotiate with them about the aftermath before notifying the property management company. Owners often blame the theft of property on the dereliction of duty of security guards, while property management companies emphasize that they have not neglected their duties, refuse to pay compensation, and finally can only seek judicial settlement.
The second paragraph of Article 36 of the Property Management Regulations stipulates that "the property service enterprise shall provide corresponding services in accordance with the stipulations of the property service contract. If the realty service enterprise fails to fulfill the stipulations of the realty service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. "
The reporter telephoned the relevant staff of Dongguan Property Management Association on this matter. When the property management can urge the owners to pay the property management fee by cutting off water and electricity, the staff said: the practice of property management is unreasonable, but the laws and regulations in this regard are still blank. It is suggested that the two sides coordinate and reconcile.
According to the relevant laws and regulations of the state, the property management company shall compensate the owners for the property losses caused by their dereliction of duty. But how to identify the supervision dereliction of duty of property management companies? According to what standard, procedure and time limit, compensate the lost property of the owner? The contradiction between property management and owners has always been a difficult point.
"As long as the management of the property company has fulfilled its normal security obligations, there is no dereliction of duty, and the property of the owner has been stolen, the property company cannot be required to bear the liability for compensation. If the property company has obvious dereliction of duty, and there is a causal relationship between this dereliction of duty and the theft of the owner's home, the property company is likely to bear certain liability for compensation. There is a legal basis for compensation, but there may be difficulties in actual implementation, which is reflected in the fact that the responsibility of the property management company is not specifically defined in the contract, but the obligations in principle are only defined. The owner is still in a weak position. " Lawyers are also confused about this.
At the same time, Mr. Yi suggested that the owner should collect the evidence of the case, identify the responsibility, report the case and present credible evidence to determine the property loss, and prepare for the claim.