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What are the safety precautions for property management?
If the project taken over by the property management company has been developed and all the hardware has been formed, and if large-scale changes cannot be made, it is necessary to 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 the goods or receiving services and methods of preventing harm should be explained and marked. The provisions of Article 125 of the General Principles of Civil Law are consistent, and both contain legal requirements for “clear warnings.”
For example: pay attention to safety when going up and down stairs, be careful of steps (corridors), high voltage danger, be careful of electric shock (transformers, wires), no climbing, no climbing (fences), slippery ground, be careful (ground), no touching (wires), safekeeping Keep valuables away (in the car), no parking (fire exits and downstairs where parking is prohibited), no paddling (pool), rat poison place (to prevent children or pets from accidentally eating it), sprayed pesticides (fruit trees), entertainment facilities Instructions and requirements for use (fitness equipment), pay attention to safety during construction (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, elevator Oiling (elevator), pay attention to safety when walls are peeling off (walls where peeling off walls occur), be careful of slippery roads after snow (snowy roads), safe exits, no smoking, no stacking of debris, etc. (fire exits), care Flowers, grass, etc. (lawn greening), prohibition of high-altitude throwing objects, and tips on preventing theft, robbery, and vandalism;
7. Fireworks should be set off intensively during the Spring Festival, and owners who are found to be setting off in violation of regulations should stop them in time. If They refused to listen to dissuasion and had to collect evidence on site so that after the accident, they could directly find the person responsible and formulate corresponding emergency plans (the Yongjia County Court in Zhejiang Province heard a case of damage compensation dispute caused by setting off fireworks and firecrackers. The Daguanjia Property Company did not fully perform its duties in property management, failed to stop the setting off of fireworks and firecrackers in the compound, and lacked a corresponding emergency fire plan. It was at certain faults for the occurrence of the fire accident and should bear corresponding liability for compensation, the verdict said. Daguanjia Property Company shall bear 15% of the compensation liability);
8. Potential safety hazards discovered through daily inspections, owner complaints, etc. must be eliminated in a timely manner and cannot be delayed. Accidents wait for no one and accidents often occur It happens in an instant;
9. Debris (such as solar bases, tree branches, abandoned construction and decoration materials, etc.) and drainage outlets on roofs and public balconies must be cleaned up in time. Prevent accidental injuries from being blown down by the wind and damage to the owners due to poor drainage during the rainy season. In some communities, the drain outlets are set up on the indoor balconies of the owners. Due to the owners' lack of cooperation and infrequent stay at home, it is difficult to clear the drain outlets. It will cause great inconvenience. If the owner is uncooperative, try to get him to sign the liability waiver. If he refuses to sign, he will need to take a video to prove that the liability 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 the first-use parts of the residence and the first-use equipment are repaired, the adjacent owners and users People should cooperate. If neighboring owners or users obstruct maintenance and cause property damage to other owners or users, the responsible person shall be responsible for compensation);
10. When taking emergency evacuation, be sure to contact the local area. The police station, community and other owners should be present to follow and record the process, and do not open the door of the owner's room without permission;
11. The Northeast region is prone to freezing in winter, so the roof of the building must be cleaned up in time. "Ice skates" to avoid falling and injuring people and cars;
12. Lightning protection facilities must be inspected 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 ignore this point, which is easy to Lightning protection facilities cause property losses to owners, so it is necessary for property management companies to maintain and inspect lightning protection facilities;
13. Abandoned trash cans, billboards, publicity boards, and mailboxes in the park etc. must be dealt with 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. If installed, a harmless report to the human body must be produced;
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 is not possible due to defects in the fire protection facilities, the property management company must also bear corresponding responsibilities;< /p>
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 bear the corresponding liability for compensation if loss or damage occurs. ;
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
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