There are more than 6,000 tons of water leakage in the community, is it reasonable for the property

Hello this friend, I am a water company, I think that if all the owners are a household and a meter, including the owner of the storefront, the loss of water leakage in the community has nothing to do with you, if the community pipeline belongs to the scope of property management, then they should bear all the losses, if it is the water supply department in charge, the loss is the water supply department, but according to what you said, your community should be property management, you can refuse to take responsibility. Even if they go to court, they will always lose.

You have to understand a truth, the property rights of the pipeline in the community belong to all the owners, but because you have paid the property fee, legally speaking, you have entrusted the property management to manage the public property of your owner, of course, you should bear the corresponding responsibility, otherwise the owner pays the property fee, and the owner bears the damage of the thing, so what do you want the property to do?

As long as the owner finds out and asks the property to be repaired in time. The property did not repair the pipes in time, resulting in a water leak, and the owner certainly has no reason to bear the full damage.

It should be borne by the property management company, and one of the property management costs is to regularly overhaul the water pipes, which is that the property company did not do what it should do, and the loss was in turn to the owner, just like you go to the vegetable market to buy cabbage, and it turns out that there is a green worm on the cabbage. You look for the theory of selling cabbage, but it turns out that the person who buys the cabbage says that you still have to pay the price of the meat of the green worm is unreasonable.

Legal Analysis: Liability of the Property: The water leakage is certainly not caused by the property, but if the property is negligent in its management, or if the problem is not dealt with in a timely manner, resulting in an increase in losses or a more serious problem, then the property will be held liable.

The former, such as the blockage of the pipe, although it is not the property to do it, but according to the property management contract and relevant regulations, the property company should regularly inspect and clean up, if it is not done, then the property can be held responsible; For example, if the upstairs is illegally renovated and the property is not stopped, then you can find the property to claim compensation for losses.

Legal basis: Civil Code of the People's Republic of China

Article 285: Property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities within the building zoning in accordance with the provisions of Part III of this Law on property management service contracts, accept the supervision of the owners, and promptly respond to the owners' inquiries about the property management services.

Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.

Article 286: Owners shall abide by laws, regulations, and management regulations, and their relevant actions shall comply with the requirements of conserving resources and protecting the ecological environment. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.

Article 287: Owners have the right to request that construction units, property management service enterprises or other managers, as well as other property owners, bear civil liability for their infringement of their lawful rights and interests.

Is your home on the top floor? If it is, the roof and exterior wall waterproofing of the house is generally 5 years, whether it is within the warranty period, it is repaired by the construction unit during the warranty period, and if it is not during the warranty period, either the homeowner spends his own money to repair, or the property applies for the use of overhaul funds, but it is difficult to apply for a single family, and it is best to ask if there are other owners who leak water, so that the property statistics are counted together to apply.

If the owner of the upstairs leaks water to your house, you can only let the property send someone to find out the exact cause of the water leakage, and then let the property coordinate the maintenance of the owner upstairs, but the property can only coordinate, because this is the upstairs owner violated you, the property has no law enforcement power, and if you can't coordinate, you can ask the property to let the community neighborhood committee come forward to coordinate, if this can't be coordinated (the owner upstairs is a laid), then the property has no choice, either you are unlucky, or you can sue the upstairs residents, but you can't not pay the property fee.

Find a complaint with the property management department of the local housing and urban-rural development commission to solve the complaint.

Summary. If the property seepage caused by the renovation or other improper acts of the owner upstairs causes losses to the owner, according to Article 117 of the General Principles of the Civil Law, if the property of others is damaged, it shall be restored to its original state or compensated at a discount. As an infringing party, in addition to stopping the infringement (such as redoing the waterproofing layer), it shall be liable for damages.

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. If the water leakage causes losses to other owners, according to Article 83 of the General Principles of the Civil Law, if it causes obstruction or loss to the adjacent party, the infringement shall be stopped, the obstruction shall be removed, and the loss shall be compensated.

Who is responsible for the loss of water pipes after the leakage of the owners of the community?

Hello, I am a cooperating lawyer and it is a pleasure to serve you.

There are three main causes of water leakage in a house:

First, there are quality problems in the house itself;

second, the owner uses or decorates improperly;

The third is water leakage caused by normal use and aging.

Depending on the cause of the water leak, the associated responsibilities are different.

According to Article 7 of the Measures for the Quality Warranty of Housing Construction Projects promulgated by the Ministry of Construction and the provisions of the Quality Assurance Certificate of the House of Living, the warranty period for the leakage prevention of roof waterproofing projects, toilets with waterproof requirements, rooms and exterior walls is 5 years. If the house is within the warranty period, the developer shall bear the responsibility of free maintenance.

According to 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, if the developer refuses to repair or delays the repair within a reasonable period of time, the owner may entrust others to repair the repair by himself or the person who dismantles the rock potato, and the repair cost and other losses caused during the repair period shall be borne by the developer.

If the house seepage caused by the renovation or other improper acts of the owner upstairs causes losses to the owner, according to Article 117 of the General Principles of the Civil Code, if the property of others is damaged, it shall be restored to its original state or compensated at a discount. As an infringing party, in addition to stopping the infringement (such as redoing the waterproofing layer), it shall be liable for damages. 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 Sen Mu Mu and the owner shall bear the cost.

If the water leakage causes losses to other owners, according to Article 83 of the General Principles of the Civil Law, if it causes obstruction or loss to the adjacent party, the infringement shall be stopped, the obstruction shall be removed, and the loss shall be compensated.

The water leakage caused by the public facilities shall be repaired by the Department of Hosiery Group Management. It is suggested that if there is a water leak in the house between the neighbors, the two parties should understand and cooperate with each other, and hire a professional organization to enter.

If the leakage of water leakage is caused by natural disasters, all or part of the cover shall be borne by the owner himself. If the water leakage is caused by the quality of the water pipe, the real estate developer is responsible for compensating for the trillion-dollar loss. If the water leakage is caused by insufficient maintenance, the property shall be responsible for compensating for the loss.

Hello, the leakage of the community pipeline depends on the situation, if it is the drainage pipe in the total water surface of the community, usually the quality of the Qin hold the absolute warranty period is 2 years, if the leakage during the warranty period, it should be responsible for the construction unit, beyond the warranty period by all the owners are responsible. If it is a water pipe for public use in the community, then the property should start a special maintenance fund for repair.

Legal Analysis: Look at the actual situation. First of all, it is necessary to find out the cause of the water leak, which is certainly not caused by the property.

However, if there is a negligent management of the property, or if the problem is not dealt with in a timely manner, resulting in an increase in losses or a more serious problem, then the property will be held liable. The former such as a blocked pipe, according to the "Property Management Contract" and related regulations, the property company should regularly inspect and clean up, if it is not done, then the property can be held responsible. For example, if the upstairs is illegally renovated and the property is not stopped, then you can find the property to claim compensation for the loss.

Legal basis: "Regulations of the People's Republic of China on Property Management" Article 35 Property service enterprises shall provide corresponding services in accordance with the provisions of the property 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.

Water leaks in the house are generally handled by the property owner, and the property is responsible for informing and assisting. The property owner can negotiate with the developer in advance and require the developer to issue a certificate of quality problems; If the developer refuses to admit that there is a quality problem, it shall promptly entrust a professional appraisal agency to make an appraisal; If it is not a problem of the quality of the house, it can be requested to the owner of the upper and lower floors for compensation as appropriate.

[Legal basis].

Article 296 of the Civil Code: Where the owner of immovable property uses adjacent immovable property for the purpose of using water, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the adjacent immovable property owner. Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, and eliminating dangers.