If a cigarette butt is thrown upstairs and causes the downstairs balcony to catch fire, whether the

The upstairs belongs to the private space, not the scope of property management, and throwing cigarette butts is an emergency, which cannot be managed and prevented normally, so the property management company should not be held responsible.

The obligations of the property management company include:

1. Fully perform the property management contract, maintain and repair the houses, facilities and public parts entrusted by real estate consumers, and undertake the security, fire prevention, greening and green expansion, cleaning and cleaning of residential communities and properties in the community, as well as convenient services necessary for the daily life of real estate consumers.

2. Accept the supervision of the property management committee and residents.

3. Major management measures shall be submitted to the property management committee for deliberation and decision.

4. Accept the guidance and supervision of housing and land management agencies, other administrative agencies and local sub-district offices.

5. If any violation of laws, regulations and rules is discovered, it shall be reported to the relevant administrative authorities in a timely manner. The relevant property management company shall, in accordance with the provisions of the state, formulate more specific obligations and responsibilities in combination with the implementation of the community under its jurisdiction and make them public, so as to facilitate the understanding and supervision of real estate consumers.

If the owner or user fails to pay the property management service fee in accordance with the property management service contract, the property management enterprise may charge a late fee of 3% of the payable fee on a daily basis or a late fee as agreed. If a property management enterprise violates the provisions of the property management service contract, it shall bear the corresponding liability for breach of contract; Where losses are caused to the owners or users, they shall be liable for compensation.

If the decision made by the general meeting of owners, the representative meeting of owners and the owners' committee violates the regulations, the municipal real estate bureau or the district or county real estate management department shall order it to correct or revoke its decision within a time limit, and notify all owners.

The after-sales management service fee for public housing is different from the property management fee for commercial housing. According to the regulations of the Shanghai Municipal Bureau of Housing and Land Management and the Shanghai Municipal Price Bureau, the charging standards for the after-sales management service fees of public housing are:

1) Management fee for residential buildings: RMB per month for multi-storey houses; High-rise residential buildings are 5-10 yuan per month per household. The specific division of fee levels shall be agreed between the owners' committee and the entrusted property management unit within this range.

2) High-rise residential elevator and pump operation fee:

The property management company shall perform the obligations of property management within the scope agreed in the property contract or within the scope of general common sense, and shall be liable for illegal obligations. Judging from the problem description, the upstairs belongs to the private space, not the scope of property management, and throwing cigarette butts is an emergency, which cannot be managed and prevented normally, so the property company should not be held responsible.

If the property management company fails to prevent the expansion of losses in a timely manner, it needs to bear corresponding responsibilities for the expansion of losses.

Uncivilized behaviors such as throwing objects in the air and throwing cigarette butts have become stubborn diseases in the city. The property management company is the main service body of the community, mainly for the common characteristics of the public DAO, not for the private characteristics of the owners. The owner littering cigarette butts at will is completely a matter of personal quality cultivation, and the property can only post a reminder prohibiting high-altitude throwing and littering cigarette butts in the public area, and besides, the owner opens the window to throw away cigarette butts at will for a short time, and the property cannot supervise and control all owners, so the property management company does not need to bear tort liability.

It is necessary to see if the property company has relevant publicity, and do not throw objects in the air.

The person responsible is the owner who threw the cigarette butt, but if you can't find it, you can sue all the owners upstairs who may have thrown the cigarette butt, and the property should assist.

The upstairs owner is responsible, so why bother looking for a property! Go directly upstairs for compensation.