Perspective | How Property Management Companies Can Avoid Potential Risks from Owners Storing Miscellaneous Items in Fire Lanes
Published:
2025-04-02
Property service enterprises often face a difficult problem when providing services: owners arbitrarily stacking sundries in places such as fire exits, creating safety hazards. Even after being notified to clean up within a deadline, owners often ignore the notice. Because they lack "enforcement power", property service enterprises cannot take coercive measures, but if a fire occurs, they risk being deemed as failing to fulfill their safety management obligations and consequently bearing part of the compensation liability. So how can potential risks from accidents be avoided? This article analyzes this problem using practical cases and offers feasible suggestions for reference by property service enterprises.
Property service companies often face a difficult problem when providing services: owners arbitrarily placing sundries in fire lanes and other locations, creating safety hazards. Even after being notified to clean up within a deadline, owners often ignore the notice. Because they lack "enforcement power," property service companies cannot take coercive measures, but if a fire occurs, they risk being deemed as having failed to fulfill their safety management obligations and thus bearing partial compensation liability. So how can potential risks from possible accidents be avoided? This article analyzes this issue based on actual cases and proposes feasible suggestions for reference by property service companies.
I. Management Responsibilities of Property Service Companies
Article 942 of the "Civil Code of the People's Republic of China" stipulates: "Property service providers shall, in accordance with the agreement and the nature of use of the property, properly repair, maintain, clean, landscape, and manage the owner's common areas within the property service area, maintain basic order within the property service area, and take reasonable measures to protect the personal and property safety of owners. For acts within the property service area that violate relevant laws and regulations on public security, environmental protection, and fire protection, the property service provider shall promptly take reasonable measures to stop them, report them to the relevant administrative departments, and assist in their handling."
Article 18 of the "Fire Protection Law of the People's Republic of China" stipulates that "Property service companies in residential areas shall maintain and manage the common fire facilities within their management areas and provide fire safety prevention services."
The above provisions establish the safety prevention management responsibility of property service companies for the public areas of the communities they manage.
II. Risks of Property Service Companies Failing to Fulfill Their Management Responsibilities
After incidents such as fires, if the property company fails to fulfill its corresponding management responsibilities, it may be ordered by the court to bear part of the compensation liability.
In case (2019) Liao 01 Min Zhong 7948 of the Shenyang Intermediate People's Court, Liaoning Province, the court held that: "The building corridors in the community are public areas, and the community property company has the obligation to publicize, remind, and promptly clean up sundries in the corridors. In this case, sundries were piled up under the west side wall of the first floor corridor at the time of the fire. This proves that the property company's management was inadequate, proving that the property company failed to fulfill its safety guarantee obligations for community public safety." A 30% compensation liability was ruled.
In case (2024) Lu 0784 Min Chu 979 of the Anqiu People's Court, the court held that: "Although Quanjia Property Company, as the property management company of the community where the accident occurred, argued that it had previously issued notices in the community owner's WeChat group prohibiting the parking of electric vehicles in the corridors and assisted the Anqiu City West Community in cleaning up the electric vehicles in the corridors, as a property management unit, its safety guarantee obligations were insufficient. For possible fire hazards, it should promptly supervise and eliminate them during daily patrols; otherwise, it should be considered as failing to fulfill the necessary safety guarantee obligations and must bear corresponding legal responsibilities when a danger occurs." A 30% compensation liability was ruled.
III. How Property Service Companies Can Prevent Potential Risks
Because property companies do not have "enforcement power" and cannot take coercive cleanup measures, Article 942 of the "Civil Code of the People's Republic of China" stipulates that "For acts within the property service area that violate relevant laws and regulations on public security, environmental protection, and fire protection, the property service provider shall promptly take reasonable measures to stop them, report them to the relevant administrative departments, and assist in their handling." Therefore, property service companies can take the following measures:
(1) Clearly Publicize Regulations
Post "Fire Safety Notices" and "Corridor Management Regulations" in conspicuous locations such as elevator lobbies and corridor entrances, indicating that "corridors are fire lanes and sundries are prohibited" and the consequences of violations. Keep records of the publicized information (e.g., using a camera with a watermark to show the time and location, or video recording; the photos and videos should be clear). Electronic publicity: Push safety warning cases (e.g., videos of fire escape obstruction) through the owner's WeChat group and property APP to strengthen safety awareness.
(2) Regular Patrols
Inspect corridors weekly, establish patrol records, and note the time, personnel, and building information of the patrols. Photos or videos of the patrol process can also be taken and preserved.
(3) Written Notices
Issue "Rectification Notices" to owners who violate regulations by placing sundries, setting a deadline for cleanup, and preserving evidence. For example, affix the "Rectification Notice" to the owner's door, corridor, etc., in a conspicuous location, and take photos with a watermark camera showing the time, location, and specific house number, or video record the posting process.
(4) Report to and Assist Relevant Authorities
For owners who refuse to rectify, report to fire and other relevant authorities and assist in forced cleanup. Preserve evidence of the reporting process. For example, telephone reports should be recorded, mailed reports should retain the original report materials and mailing details, and when submitting written reports in person to the authorities, it is recommended that the authorities issue a receipt for the materials, clearly stating the name of the materials, the time of receipt, and the submitting unit, and have the authorities affix the relevant seal or video record the entire submission process. If the authorities fail to handle the matter promptly, a follow-up letter can be sent to the authorities, and the evidence should be retained.
(5) Fire Facility Inspection
Regularly inspect community fire facilities and create inspection records. Photos or videos of the inspection process can also be taken and preserved. Ensure that fire facilities are functional; if problems are found, address them promptly to prevent fire facilities from being unusable in the event of a fire.
IV. Summary
Property service companies should strengthen publicity on fire safety, using brochures, sending fire accident warning cases through owner groups, etc., to improve owners' fire safety awareness. At the same time, promptly report owners who refuse to clean up after being advised to the relevant administrative departments for assistance in handling the matter. Evidence of fulfilling management obligations must be created in a standardized manner and preserved for a long time to avoid being unable to provide evidence in the event of an accident and bearing unfavorable consequences.
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