Thursday, December 23, 2010

【 Weak current College 】 property companies do not allow installation burglar, thieves in the room who is responsible for


Yellow bar:
We had a few days later, they suffered a thief night burglary, loss of cash, laptop and other valuables. Before check-in, we are ready to install security doors and Windows, but the property company disagreed, saying that community safety issues to worry about security 24 hours on duty. Property management company also provides community terrace cannot use the glass enclosed, open to the community. The thief is from the balcony to climb into my home, and at the same time stolen there are several households. This is because the property company to install anti-theft devices and consequences, stolen residents can require the property company to pay damages?
Lawyers perspective: in accordance with the contract provides the corresponding service is the property the company's main contractual obligation. On the property company shall be liable, it must be reviewed and signed service contract between residents of the content. If the two sides on the security responsibilities of property companies have not agreed, then the property company only assume general responsibility for the security of, or through certain management measures to deter crime, not eliminate all illegal and criminal activities. Only when it is in the performance of the duties at fault, to assume the appropriate fault; if the contents of the property company has special agreement for security, and property management company fails to fulfil the contract, the owners personal and property damage liability of need. "Failed to fulfill," including fundamental non-performance and not completely fulfil two scenarios. For example, a service contract, the security of the property, the property company sent four 24-hour security patrols. If the property does not send security patrol, is simply not fulfilling the contract, if the property company sent two security 24 hour patrol or send four security patrol 18 hours, is not completely fulfil the contract. According to the provisions of contract law, real estate company did not fulfil their contractual obligations and not fully its obligations under the contract, shall be liable for breach of contract. If the property company to fully comply with the regulations and property services contract, even if the owners personal and property in the area of property management, property management company will not be liable therefore.
Lawyer tips: property company services should be the responsibility of the "appropriate", and "appropriate" criterion is that the services provided by the property company complies with the property management contract. Therefore, owners and property companies on its services and content for specific conventions, resulting in better, more specific protection of their rights and interests.

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