Is property damage caused by water seepage on the wall a result of improper property management?

The owner selects and hires a property service company, and the owner and the property service company shall repair, maintain and manage the house, supporting facilities and related sites in accordance with the property service contract, and maintain the environmental sanitation and order in the relevant area. Property management refers to the management of all kinds of buildings, ancillary equipment, facilities and sites, and at the same time the implementation of unified management of environmental protection, cleaning and sanitation, safety and security, courtyard greening, road maintenance, vehicle parking, etc. around the building area, and providing a full range of services to owners and users. The connotation and extension of property management, connotation - the management of property (buildings, ancillary facilities and equipment, related sites) extension - to provide a variety of services (cleaning and sanitation, safety and security, courtyard greening, fire safety and entrusted services, special services, electrical maintenance, interior decoration, business center, etc.) The object of property management is the property, The object of the service is the person (the property management contract signed between the owner, the developer and the owners' committee successively extends to all the owners within the scope of management, so the property management service relationship between the owner and the developer is formed.

The developer shall pay the property management fee to the owner if the owner has carried out qualified property management services. There is no legal basis for the property to refuse to pay the property management fee on the grounds that the wall seeps water and the upstairs residents leak water to the inside of the house and damage the decoration. The relationship between the owner and the developer is a property management service relationship, and the owner's responsibility is to provide management services for the developer's property and the community, and the water seepage on the wall of the developer's house and the leakage of the upstairs bathroom are not the cause and responsibility of the owner.

After the water leak, the owner carried out repairs and fulfilled his management duties. Developers should address the leakage accordingly according to the cause of the water seepage.

Here's an example. In a certain community, the developer and the owners' committee entrusted the plaintiff JA Property Management Company to provide property management services, and the defendant Guo had been in arrears for a long time. The plaintiff demanded several times, but the defendant refused to pay.

The defendant believed that after the renovation and move-in, he found that the wall of the north room had seeped water, which had damaged the decoration, and that in addition, water had seeped into the defendant's living room in the upstairs residents' bathroom in the summer, damaging the ceiling. After being repaired by the plaintiff, there was still leakage. The plaintiff should bear the responsibility for property management, and if the plaintiff does not compensate for the property loss, the defendant will not pay the property management fee.

The property management contracts entered into between the plaintiff and the developer and the owners' committee were valid and extended to all owners within the scope of management, so a property management service relationship was formed between the plaintiff and the defendant. The plaintiff has carried out qualified property management services, and the defendant should pay the property management fee to the plaintiff. There was no legal basis for the defendant to refuse to pay the property management fee on the grounds that the wall was seeping water and the upstairs residents had leaked water to the inside of the house and damaged the renovation.

The relationship between the plaintiff and the defendant is a property management service relationship, and the plaintiff's duty is to provide management services for the defendant's property and the community, and the defendant's water seepage on the wall of the house and the leakage of the upstairs bathroom are not the plaintiff's cause and responsibility. After the water leak, the plaintiff carried out repairs and fulfilled his management duties. The defendant should address the leakage accordingly according to the cause of the water seepage.

According to Articles 16 and 54 of the Property Management Regulations, the defendant Guo should pay the plaintiff's property management fees and late fees.

It is generally repaired by the property.

Because the exterior wall belongs to the public part, it is the maintenance scope of the property, but if it is because of man-made damage, resulting in water seepage on the exterior wall, then it should be repaired by the vandal and bear the corresponding loss responsibility, if the vandal has no way to repair, the property can be repaired, and the vandal bears the corresponding costs.

Identify the person responsible for water seepage on the exterior wall.

1. If it is a newly purchased first-hand house that has not yet passed the shelf life, then the developer must bear the corresponding responsibility for water seepage on the exterior wall. Under normal circumstances, the warranty period of the new house is 5 years, and the starting time is the delivery date, when the user encounters this situation, he can trouble the property to come forward, ask the developer to repair, and take responsibility, if the developer is not responsible, you can seek legal help to protect their own rights and interests.

2. If the house has passed the warranty period, and due to poor property management, resulting in water seepage on the exterior wall, then the property company needs to bear the corresponding responsibility.

3. If the house is naturally aging and causes water seepage on the exterior wall, the property management company can extract public maintenance ** and repair the water seepage part of the exterior wall. Of course, when picking up repairs**, it must be approved by at least two-thirds of the owners.

Timely repair, timely compensation for the losses caused.

Legal analysis: The property should be responsible for the leakage of the building wall and can negotiate with the property to deal with it.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts Article 13 If the developer refuses to repair or delays the repair within a reasonable period of time, the owner may repair it by himself or entrust others to repair it, and the repair cost and other losses caused during the repair period shall be borne by the developer.

After the expiration of the warranty period, the water leakage caused by the normal use of the facilities in the house shall be repaired by the owner himself, and the owner shall bear the cost.

Water seepage on the exterior wall of the house is usually not much responsibility for the property, and the responsibility should be the developer or the owner.

Legal basis: Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts shall be supported if the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house.

If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.

Legal Analysis: Usually the property is not very responsible for water seepage on the exterior wall of the house, and the responsibility should be the developer or the owner.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing》 Article 10 If the buyer's request to terminate the contract and compensate for losses is delayed due to the serious impact of the quality of the house on the basis of a serious impact on the normal residential use, it shall be supported.

If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may destroy the retarding repairs by itself or entrust others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.

Legal analysis: Water seepage on the exterior wall should be fed back to the property for the developer to deal with.

Legal basis: Housing construction project quality warranty measures Article 7 in the description of the warranty period of the house in the second paragraph of the roof waterproof project, the bathroom with waterproof requirements, the room and the external wall leakage, for 5 years The problem occurs, and the responsibility should be borne by the original housing construction party.

1) It is not recommended to solve the leakage of the exterior wall of the new house by yourself, the main reasons are as follows: the search for the leakage point of the exterior wall of the sail foundation may be relatively troublesome, especially in the case of no obvious damage to the exterior wall, self-treatment, which may cause damage to the exterior wall finishing layer treatment, insulation layer treatment, etc., and at the same time, because it belongs to outdoor aerial work, it is likely to cause safety accidents. (2) If the external wall of the old house is leaking, it is recommended to find the property to solve it, the external wall belongs to the public part of the building, and its front is ready to be damaged, and the property can be repaired by using public maintenance.