In property management risk prevention, what risks do you think exist and how should they be avoided?

In daily work, development units and property companies are often helpless about various disputes caused by some potential risk factors, such as accidents caused by defects in the developer's design and planning, and disputes during the community property service process. How can we eliminate potential risk factors such as disputes caused by failure to eliminate hidden dangers in time, property management companies failing to fulfill their safety warning obligations and assuming corresponding responsibilities, division of responsibilities after personal and property problems occur to owners, etc.? Based on the analysis of various real cases encountered in the work process, the author summarizes the following preventive measures for the reference of property management colleagues and hopes to serve as a warning to property management companies.

1. Risks and elimination in the design and planning of the development unit

The development unit must carry out the design and planning of the houses, public facilities and equipment, and public parts. Whether the site, venue, etc. are suitable for future use functions, and whether there are any defects in safety performance shall be comprehensively considered.

1. Design of entertainment facilities

The selection of entertainment facilities in the community should be suitable for all ages. Try not to configure swimming pools, sand pools, swings, turntables and other facilities and equipment that have safety risks. . At present, incidents of injuries in entertainment facilities occur frequently, which is also one of the focuses of disputes between property companies and owners. (If installation is indeed necessary, instructions for use and safety warnings should be installed in a conspicuous position to remind owners of correct use. At the same time, property service companies should conduct regular maintenance and eliminate potential safety hazards in a timely manner). Legally, the owner or manager of any public security facility should ensure that the public security facility does not endanger the safety of people and property, and is responsible for the supervision and management of the public security facility; if the public security facility* ** If a facility has design flaws but fails to eliminate hidden dangers in a timely manner, which ultimately leads to personal injury, its supervisor must bear corresponding responsibilities in accordance with the provisions of the General Principles of Civil Law.

2. Sketch design

(1) Try not to use cement sculptures, ornaments and glass ornaments. Cement can easily pulverize and fall off after being corroded by sunlight and rain acid; glass ornaments are fragile. , easy to fall off;

(2) The durability and corrosion resistance of metal, wood, plastic and other jewelry should be considered. There should not be too many, and the installation should be firm, not affecting normal traffic, and not causing scratches. Phenomenon;

(3) Try not to configure a fountain in the community. If it must be installed, the depth of the pool should be 20 cm, not too deep. If a deep pool must be installed, guardrails or guardrails must be installed around it. Other safety protection facilities (and the installation of obvious warning signs in eye-catching locations) to prevent children and owners with poor vision from falling into the water and causing injuries;

(4) The arch bridge should not be set too high (the steps should be anti-slip) (5) The river (naturally formed) flowing through the community should be effectively planned according to the actual situation (necessary protective measures should be added to key parts) ), there should be no safety hazards;

(6) The settings of other sketches must also consider whether there are any defects in terms of safety.

3. House design

(1) The clear heights of various basements, storage rooms, etc. and the threshold heights of various doors must strictly comply with the national mandatory standard "Residential Design Code" According to the regulations, the clear height of the garage should comply with the relevant provisions of the current industry standard "Garage Building Design Code" (Beijing Fengtai District and Shandong Peninsula Courts have accepted cases in which owners were injured because the basement was too low and the unit entry and exit threshold was too high. , the development unit lost the lawsuit in the end);

(2) Try not to set too many and too wide outer edges on the exterior walls, and try to avoid using materials with large area and heavy weight (such as ceramic tiles, ceramic tiles, marble, fired slabs, granite, etc.), and the construction procedures must be strictly followed to prevent them from falling off in the future and causing casualties (Article 126 of the "General Principles of the Civil Law" stipulates that buildings or other facilities and structures on buildings If a shelved or suspended object collapses, falls off, or falls and causes damage to others, its owner or manager shall bear civil liability);

(3) The design requirements for iron fences around the community and lawns It is anti-climbing and anti-drilling, but iron bars with pointed tips cannot be installed. Pay attention to the personal safety of children;

(4) The parapet wall must also be designed to prevent climbing. The height of the parapet fence is generally Higher than 50 cm;

(5) The gap between the handrails in the corridor should not be too large (national construction standards should be strictly implemented) to prevent children from falling from the gap;

(6) In the corridor Do not use universal locks for other wire boxes such as meter boxes. Instead, use special locks (and post obvious safety warning signs on the surface of the box). The main switch of the corridor should be hidden and not exposed (to prevent children and others from messing with it and causing damage to the box). Electric shock);

(7) For exterior windows of buildings facing the street, with pedestrian pavement or parking spaces below, consider giving screens to reduce the phenomenon of high-altitude paraboloids (Shenzhen "Haolaiju" incident has given property companies a lot of Profound warning);

(8) When the project is completed, temporary cables, transformers, water wells, exposed steel bars, angle irons, reinforced concrete, etc. that pose safety hazards must be thoroughly removed, leaving no safety hazards. Hidden dangers;

(9) The design, debugging and installation of the elevator must be in place (and ensure that it has been accepted by the special equipment management department before use), post safety instructions in the elevator car, and inform the owner of prohibited behaviors and solutions when problems arise. If necessary, communications vendors should be asked to add professional equipment in the elevator car to ensure smooth communication) and try to avoid failures during elevator operation, resulting in unnecessary losses due to trapped personnel.

4. Pavement and ground design

(1) When selecting pavement and ground materials, try to avoid using materials with smooth surfaces such as marble and cobblestones (to prevent damage caused by snow, rain, etc. The road surface is slippery and hurts people), even if smooth materials are used, they must be treated with anti-skid; if square bricks are used for paving, attention must be paid to the level and corners during construction, and no palm-width gaps should be left to prevent the owner from being damaged by the road. slippery or square brick corners may cause bumps or falls;

(2) There is no need to install too many street lamps, they only need to meet a certain illumination level. The lamp holders must be rust-resistant, firm, and protected from the sun and rain. , are not afraid of typhoons, and the joints should be well insulated; if possible, solar battery street lights can be used; China Property Education Network;

(3) The slope of the road should not be too large, especially in the Northeast, after snow, the road surface It is relatively slippery, and the foundation must be well prepared to prevent future collapse and potential safety hazards to owners and vehicles;

(4) When designing roads with roadside parking spaces, post-property management should be fully considered during the design For the management of vehicle parking on the road, the following standards should be met in the design as much as possible: parking spaces on both sides should be distributed symmetrically, and unilateral planning of parking spaces should be avoided as much as possible. It is recommended that roads without parking spaces be divided into single lanes. This can effectively prevent vehicle parking problems on both sides of the road, meet the requirements of the fire department, and at the same time effectively reduce road safety risks;

(5) The design of various types of manhole covers such as sewage and municipal manhole covers should try not to appear On the road, avoid vehicles running over it, causing safety hazards;

(6) Design the drainage work of the road to avoid water accumulation that affects walking;

(7) Road The design avoids sharp turns and increases the viewing angle at turns to facilitate safe driving. A wide-angle lens should be designed when necessary.

5. Greening design

(1) The selection of shrub species in green belts (especially in large property areas) does not need to be too expensive and numerous.

The principle of arrangement is to be generous and decent, well-proportioned, and reasonably choose plants with few branches, no thorns, and other shade-loving and sunny plants that are easy to maintain;

(2) Try to avoid setting flowerpots on the balcony. If you must set them, they must Consider setting up a flowerpot stand (with the bottom tilted inwards) to prevent dripping water from dripping flowers from causing inconvenience to the owners below and disputes arising from problems such as falling flowerpots and injuring people;

(3) Park It is not suitable to plant some tall trees. They will become useful in the future, which will affect the lighting and cause accidents such as blind spots in the camera and injuries from dead branches and broken branches.

6. Appearance design of public facilities and equipment

(1) The appearance of vents, transformers, pump rooms, etc. in underground garages are generally decorated, and considerations must be taken when decorating. For its durability, corrosion resistance and safety, it is best to remove unnecessary ancillary decorations and be practical, and set up protective facilities around it. We cannot only focus on appearance and have safety defects. If improperly set up and managed, these facilities may cause personal and property damage to owners. As an installer or manager of a facility, you may be liable for damages due to improper installation and management, which may constitute a fault in tort law;

(2) If there is a civil air defense project, managers and responsibilities must be clarified.

7. Pipe well design

When setting up sewage wells, pipe wells, elevator shafts, telecommunications wells, etc., we must consider that they cannot be installed on corridors and passages where owners and vehicles often pass. Generally, compression-resistant materials should be used, and guardrails or other safety protection facilities should be considered around the perimeter if necessary to prevent owners and vehicles from accidentally falling in, causing casualties and property losses. (To be continued)

2. Risks and elimination in the daily service process of property management companies

If the project taken over by the property management company has been developed and all the hardware has been formed, it cannot be used on a large scale. When making changes, we must proceed from the existing situation, adapt to local conditions, maintain a high degree of predictability, and try to eliminate existing liability risks.

Currently, in all major communities, there have been cases where property owners have been harmed, property has been stolen, robbed, or destroyed, public facilities have injured people, and property management companies have failed to adopt corresponding measures and methods. In most cases, it is difficult to assign responsibilities for legal disputes caused by improper conduct, and the relevant laws do not clearly provide for this. So how to avoid such disputes? The following measures are for reference:

1. Order maintenance work must be carried out in strict accordance with the "Property Service Contract" and must not be ignored. Develop an effective and feasible management plan to try to ensure that there are no problems in management. flaw. Managers should always carry out supervision, and it should not be just a formality without losing its substantive meaning; the obligation of property security guards lies in a performance process. The security guards have fulfilled their obligations, but they still cannot prevent the occurrence of damage. The party providing property security services should not be responsible Legal liability.

2. When signing the "Property Service Contract", there must be a clear agreement on the owner's responsibilities in the event of personal and property safety;

3. If parking is charged, The lease agreement must indicate whether it is a "space-occupancy fee" or a "storage fee";

4. There should not be too many entrances and exits to the community. Do not park vehicles on fire escapes. Do not park vehicles at the entrances or garages of the community. Image collectors must be installed at the entrance and exit to collect the conditions of vehicles entering and exiting to prevent damaged vehicles from entering the park;

5. Order maintenance personnel must use the patrol system to track patrol routes; patrol Video recording must be carried out at all times (the patrol point should be set within the range that the camera can record) in order to provide the owner or the court with evidence that the property company has carried out security work; when a malfunction is found in the monitoring equipment, it must be repaired and replaced in time to avoid If it causes a situation where no favorable clues can be provided to solve the case, the property management company will also bear corresponding responsibilities; nighttime vehicle order maintenance personnel must wear reflective signs to avoid being easily discovered by drivers at night and causing injury;

6. In some places where liability accidents are prone to occur, property management companies are obliged to set up warning signs to provide safety reminders. According to Article 18 of the "Consumer Rights and Interests Protection Law of the People's Republic of China": "Operators shall ensure that the goods they provide Or the service meets the requirements for protecting personal and property safety. True explanations and clear warnings should be given to consumers, and the correct methods of using goods or receiving services and methods of preventing harm should be explained and marked.

"This legal provision is consistent with the provisions of Article 125 of my country's "General Principles of Civil Law", and both contain legal requirements for "clear warnings". For example: pay attention to safety when going up and down stairs, be careful on steps (corridors), High voltage danger, be careful of electric shock (transformers, wires), no climbing, no climbing (fence), slippery ground, be careful (ground), no touching (wires), keep valuables (in the car), no parking (fire exit) and downstairs where parking is prohibited), no playing in the water (pool), rat poison placement area (to prevent children or pets from accidentally eating), sprayed pesticides (fruit trees), instructions and requirements for the use of entertainment facilities (fitness equipment), precautions under construction Safety (warning lights should be set up at the construction site at night), no access (passage), pay attention to the height limit gate, please use the sidewalk (community entrance and exit), be careful of hand pinching, the elevator has just been oiled (elevator), the wall is falling off, pay attention to safety (occurrence Walls with peeling skin), please be careful of slippery roads after snow (snowy roads), safe exits, no smoking, no stacking of debris (fire exits), care for flowers and plants (lawn greening), no high-altitude throwing objects and anti-theft, Tips to prevent robbery, vandalism, etc.;

7. Fireworks should be set off intensively during the Spring Festival. Owners who are found to be setting off in violation of regulations should stop them immediately. If they do not listen to the dissuasion, they should collect evidence on site so that they can be used in case of an accident. After an incident occurs, the responsible person can be found directly and corresponding emergency plans can be formulated (the Yongjia County Court in Zhejiang Province heard a case of damage compensation disputes caused by setting off fireworks and firecrackers. Da Guanjia Property Company did not fully perform its duties in property management. He failed to stop the setting off of fireworks and firecrackers in the compound and lacked corresponding emergency fire plans. He was at fault for the fire accident and should bear corresponding liability for compensation. The judgment was made that Daguanjia Property Company should bear 15% of the liability for compensation);

8. Potential safety hazards discovered through daily inspections, owner complaints, etc. must be eliminated in a timely manner without delay. Accidents wait for no one and accidents often happen in an instant;

9. Debris (such as solar bases, tree branches, abandoned construction and decoration materials, etc.) and drainage outlets on roofs and balcony balconies of buildings should be cleaned up in time to prevent them from being blown down by the wind and accidentally injuring people and people due to the rainy season. Poor drainage causes losses to the owners. In some communities, the drain outlets are set on the indoor balconies of the owners. Due to the owner's lack of cooperation and infrequent stay at home, it brings great inconvenience to clear the drain outlets. If the owner does not cooperate, , try to get them to sign the waiver. If you refuse, you must take a video to prove that the waiver has been delivered. If you are not at home often, you can leave a copy of the notice on the owner's door and take a video to prove that the notice has been delivered (relevant regulations: “When repairing the first-use parts and first-use equipment of a residence, adjacent owners and users shall cooperate. If adjacent owners or users obstruct maintenance and cause property losses to other owners or users, the responsible person shall be responsible Compensation);

10. When taking emergency evacuation, be sure to contact the local police station, community and other property owners present, follow and videotape the process, and do not open the door of the property owner privately;

11. It is easy to freeze in the Northeast in winter. The "ice skates" formed on the roof of the building must be cleaned up in time to avoid falling and hurting people and cars;

12. Lightning protection facilities must be checked frequently. According to relevant regulations, lightning protection is also part of the work of community property management.

In addition, property management companies should regularly maintain lightning protection facilities, because the lines of some lightning protection facilities will fuse after use and will not work properly the second time. The grounding part must be handled well and cannot be exposed. Many property companies generally Ignoring this point can easily cause lightning protection facilities to cause property losses to owners. Therefore, it is necessary for property management companies to maintain and inspect lightning protection facilities;

13. Abandoned trash cans and billboards in the park , publicity boards, mailboxes, etc. must be disposed of in time to avoid related accidents;

14. Receivers and signal amplifiers that are radiating to the human body should not be installed in the park as much as possible.

15. Fire protection facilities must be inspected frequently. If a fire occurs, although the cause of the fire has nothing to do with the property management company, if timely rescue cannot be carried out due to defects in fire protection facilities, the property management company must also Bear corresponding responsibilities;

16. Try not to keep items for the owner. Whether it is paid or free, as long as the property management company provides this service to the owner, the property management company will be responsible for any problems such as loss or damage. You must bear the corresponding liability for compensation;

17. Public liability insurance should be taken into account when calculating costs. In the event of a liability accident, having the insurance company bear the liability is a good way to avoid the company suffering heavy losses.

In short, whether it is a development unit or a property company, when developing and managing a community, it must consider all aspects of the problem. From the perspective of safeguarding the rights and interests of owners, carefully consider the setting and management of some facilities. Only if Only by nipping safety hazards in the bud can we avoid personal and property losses to owners and avoid unnecessary liability risks