If the flood floods the owner s house, is the strata company liable?

If it is a major natural disaster.

If it rains heavily and the flood waters into the owner's house, then the property management company will not be liable because it is force majeure.

However, if it is a man-made damage caused by the mismanagement of the property management company, the property management company will be liable.

If an owner's house is flooded, whether the strata company is liable depends on the circumstances.

First, if the flood is caused by a natural disaster, the utility company is usually not liable. Because natural disasters are force majeure factors, no one can ** and avoid them.

However, if the flood is caused by the negligence or mistake of the strata company, such as failing to clean the drainage system in a timely manner and failing to take timely measures to prevent floodwaters from entering the owner's house, then the strata company may be held liable. According to Article 17 of the Property Law of the People's Republic of China, the property management company shall be responsible for dredging the sewer pipe, find out the reason for the blockage of the sewer pipe, and shall take corresponding measures to prevent it from being blocked again in the future. If the strata company fails to fulfill these responsibilities and the owner's house is flooded, the strata company may be liable for compensation.

In short, specific issues need to be analyzed on a case-by-case basis, and it is necessary to judge whether the property company needs to be held liable according to the actual situation.

Legal analysis: The property in the community should be liable for compensation. There are two reasons to be held responsible

One is that they did not notify you in time to come back and protect the finances in the house from unnecessary losses. The second is that the property did not inspect in time to find the sewer blockage, and dredge it in time to eliminate the nuisance. Therefore, it is possible to claim compensation for losses from the property in the community in accordance with the law.

Legal basis: Article 35 of the "Property Management Regulations" property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.

Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

The property is liable for damages. If the basement leaks and belongs to the public area, the property shall be responsible. When there are potential safety hazards in the property, endangering the public interest and the lawful rights and interests of others, the responsible person shall repair and maintain it in a timely manner, and the relevant owners shall cooperate.

If it is a leak in the shared area, the property management company needs to be responsible, but if it is caused by the owner's personal reasons, the property management company is not responsible, and all losses are borne by the owner.

If you find that the basement is leaking, you must remember to move all the objects out in time, and within half a month, do not put things in the basement, because the basement can not shine in the sun, anyway, it will be too humid, plus after the water leakage, the moisture of the room is very large, if you put things in the basement, the damage to the objects will be very large. The property should provide the owner with all the quality maintenance services of the house, and the owner has paid the property fee, or the property can be held accountable for losses caused by poor maintenance. Of course, if the property refuses to pay compensation, the owner can sue the property company.

To sum up, when there is a water leak in the basement, the first thing to look at is where it is, and if the leak is in a public pipe, the property is responsible for repairing it. If there is a water leak after the renovation of your own home, the property will not manage this situation. Therefore, it is recommended that you first observe the water leakage in the lower room, and then go to the corresponding department to solve the problem.

[Legal basis].

Property Management Regulations

Article 2: The term "property management" in these Regulations refers to the activities of the owners through the selection and employment of property management service enterprises, and the owners and property management service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.

Legal analysis: If the house is flooded and caused by the property, the property needs to be liable for the owner's losses according to the market.

Legal basis: Article 1184 of the Civil Code of the People's Republic of China Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

Legal analysis: the basement is flooded as a natural disaster, but the property also has secondary responsibility and should take flood prevention measures, if this area is flooded, the property is almost not responsible, because this is a major natural disaster, and the property and basement drainage system cannot stop the flash flood. Completely looking at the flooding situation, it is presumed that the perpetrator is at fault in accordance with the provisions of law, and if he cannot prove that he is not at fault, he shall bear tort liability.

If the sewer blockage causes the household to be flooded, the actor who caused the sewer blockage shall bear the responsibility for compensation, and if the specific act of compensation cannot be determined, it is presumed to be joint fault, and the flooded household and the upstairs resident shall be jointly liable.

Civil Code of the People's Republic of China

Article 271: [Differentiated Ownership of Buildings] Owners enjoy ownership of the exclusive parts of the building, such as residential and commercial buildings, and enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.

Article 272: [Rights and Obligations of Owners Concerning Exclusive Parts] Owners have the right to occupy, use, benefit from and dispose of the exclusive parts of their buildings. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

When water seepage occurs upstairs, whether the property has the obligation to solve it, first of all, you can look at the basic responsibilities of the property, mainly as follows:

1. Maintenance and maintenance of the property and its supporting facilities.

2. Strengthen security and fire management, and provide owners and tenants with safety and security for their lives and offices.

3. Do a good job in the cleaning of the property and the surrounding environment, including the excretion and removal of garbage, various wastes, sewage, rainwater, etc., in order to maintain a clean and hygienic environment, and provide a clean and comfortable living and office environment for owners or tenants.

4. Do a good job in the construction and maintenance of greening within the property management area to provide a good ecological environment.

5. Do a good job in traffic management in buildings and residential areas. It includes the management of parallel traffic in the community and vertical transportation (elevators and escalators) in the building, as well as the cleaning of passageways, roofs and other spaces, and the maintenance of street lights.

6. Strengthen vehicle management, prevent vehicle loss, damage or accidents, require obvious signs on the driving routes of residential areas and buildings, limit the speed of vehicles, unify the parking of vehicles within the property jurisdiction, and maintain the smooth flow of roads and aisles in the property jurisdiction.

7. Do a good job in financial management. First, it is necessary to do a good job in the management of maintenance and the collection and use of reserves to ensure the healthy and smooth progress of property management.

8. Handle the property insurance of property and ancillary equipment in a timely manner to avoid huge property losses caused to the owners due to natural disasters.

9. Do a good job in community management, create a healthy and civilized community culture, and strive to establish a new type of friendly and harmonious interpersonal relationship.

10. Liaise with the public utilities department on matters related to public municipal facilities.

11. Establish property files, keep abreast of property rights changes, and maintain the integrity and unified management of the property.

Therefore, from the perspective of the basic responsibilities of the property, if there is a leakage problem upstairs, if there is a relevant agreement in the property management contract, then the property is obliged to be responsible for solving the leakage problem upstairs.

Summary. Pro, hello, it depends on the contract between the owner of the community and the property, the property is not at fault, the general court will not judge the property responsibility, Article 36 of the "Property Management Regulations", the property management enterprise shall be in accordance with the property service contract, to provide the corresponding services, depending on the reason for the soaking. Whether it is a property liability.

Either the neighbor is responsible, or the plumbing problem should be the responsibility of the developer, not necessarily the property company.

The owner's home is soaked in water, and the property is responsible.

Dear, hello, it depends on the contract between the owner of the community and the property, the property is not at fault, the general court will not judge the property responsibility, Article 36 of the "Property Management Regulations", the property management enterprise shall, in accordance with the provisions of the property service contract, provide the corresponding Li Zhiliang services, depending on the reason for the water transportation. Whether it is a property liability. Soaking in water is either the responsibility of the neighbor, or the responsibility of the developer should be the responsibility of the plumbing, not necessarily the responsibility of the property company.

Hello, dear, if it is the responsibility of the tourist area that causes their own home to soak in water, then the neighbors and the developer share the responsibility for the maintenance of this stuffy light. In fact, if the natural disaster caused the owner's home to be flooded, it is the responsibility between the property and the developer, depending on whether the contract signed between the owner and the property has this service.

It's my own kitchen angle valve that is broken and causes the water to soak I found it in time, but there is no main switch for water at home, and the water can't be turned off! The main switch was locked by the property management and could not be opened At that time, no one answered the phone of the large property electric burning and the voice of the housekeeper did not answer the voice This led to a lot of water flow Later, the neighbors found the security guard on duty The first two security guards came After a while, the person who took the key came This caused damage to the water downstairs Who is responsible for this situation.

Dear, in this case, it is the property that is responsible for the maintenance.

Is there a legal basis.

Dear, this is, according to the property management regulations, the property has the right to protect the safety of the home property of the business.

So how do I communicate with the property and if he says he's not responsible, what should I do?

Pro, directly communicate the liability for compensation, and if you don't compensate, you can directly sue the property.

Can you win in this situation.

We have no loss at home, but there is a certain loss downstairs.

Dear, of course, you put the damage, take pictures, and then contact the property **.

If the property says that I didn't waste time, I always have time to come, so what should I do?

Dear, you just have to sort out these things, and after sorting them out, submit them to the court, and then the property is not processed properly, resulting in damage to the property.

Dear, this, the property is liable for compensation, and after shouting Hong, the final judgment should give you a judgment to be responsible, so the loss of the neighbor, you also need to bear the general share.