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1. Does the roof leakage belong to the property management?
1. Roof leakage belongs to the property management. According to the relevant provisions of the property management contract, the community property needs to provide services such as maintenance and management of the common part of the house. The roof belongs to the public area of the community, so the roof leakage belongs to the property management, and the warranty period of the building waterproof is 5 years. If the roof leaks outside the warranty period, you can apply for repairs**.
2. Legal basis: Article 20 of the Measures for the Management of Special Residential Maintenance Funds.
The cost of maintenance, renewal and renovation of the common parts of the dwelling and the common facilities and equipment shall be apportioned in accordance with the following provisions:
1) The cost of maintenance, renewal and renovation of common parts and common facilities and equipment between commercial residences or between commercial residences and non-residential buildings shall be shared by the relevant owners in accordance with the proportion of the construction area of the property owned by them.
2) The cost of maintenance, renewal and renovation of common parts and common facilities and equipment between after-sales public housing shall be shared by the relevant owners and public housing sales units in accordance with the proportion of the special residential maintenance funds deposited; Among them, if it should be borne by the owner, it shall be shared by the relevant owners according to the proportion of the construction area of the property owned by them.
3) The maintenance, renewal and renovation costs of the common parts, common facilities and equipment between the after-sales public housing and commercial housing or non-residential buildings shall be apportioned to the relevant properties in accordance with the proportion of the construction area. Among them, the expenses to be shared by the after-sales public housing shall be shared by the relevant owners and public housing sales units in accordance with the proportion of the special residential maintenance funds deposited.
2. What is the scope of property management?
The scope of property management is as follows:
1. Greening management;
2. Health management;
3. Public safety management;
4. Vehicle traffic management;
5. Management of public utilities;
6. Management of illegal construction;
7. A variety of life services.
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*Roof leakage belongs to the property management**. According to Article 942 of the Civil Code of the People's Republic of China, the property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green and operate the common parts of the owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners.
For the problem of water leakage on the roof of the house, if it is within the warranty period, the property should contact the developer for repair; If it is outside the warranty period, you can apply to use the repair** for repair. In addition, the property service contract generally includes terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service rooms, service period, service handover, etc.
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Legal analysis: It should be determined according to the situation, first, the repair of water leakage during the warranty period of the house. This is a housing repair team under the customer relations department of the real estate developer, and the property generally does not interfere, at most it will be reported and relayed, and the feedback information will be provided at both ends.
If it is a small development company, it will entrust the property management company to contact the construction unit directly, but the responsibility for this maintenance is still borne by the development company. In many cases, the property company cannot call the construction unit, and the owner needs to contact the real estate company directly, if it is delayed for too long, it is not conducive to maintenance. 2. Repair of water leakage outside the shelf life of the house.
The shelf life of water leakage repair is generally five years, and water seepage on exterior walls, doors and windows beyond this period generally needs to be solved through maintenance funds. Again, this is not the property company's responsibility for repairs.
Legal basis: Property Management Regulations
Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property 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.
Article 3 The State advocates that owners choose property service enterprises through an open, fair and just market competition mechanism.
Fourth State encourages the use of new technologies, new methods, relying on scientific and technological progress to improve the level of property management and services.
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If the leakage on the top floor belongs to the public area, it will be dealt with by the property and repaired by the property.
Within the warranty period, you can contact the developer directly, and the developer is responsible for maintenance. If the furniture, appliances, flooring, etc. in the home are damaged due to rain leakage in the house, the responsibility can also be borne by the developer.
If the roof leaks need to find the cause of the leakage, if the leakage is on the exterior wall, because the exterior wall belongs to a public facility.
Repairs can be made by the utility company. If the leakage is caused by self-modification of the pipeline, you need to deal with it yourself.
The most used remedy for water leakage on the top floor is to lay asphalt, but it should be noted that this is only for the case of a relatively small rain leakage area, and its construction is relatively simple, and it is relatively cheap. For the house leakage is the property management or repair it yourself, in the repair of the house leakage problems, you should have a specific problem to carry out a specific analysis, the top floor leakage can go to the property for help, but you should first find the cause of the leakage, and then take the relevant solutions.
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Legal analysis: If the roof leaks from the property, the property company can apply for housing maintenance** as a fund to repair the roof.
Legal basis: Property Management Regulations
Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property 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.
Article 53 The owners of residential properties, non-residential properties in residential quarters, or non-residential properties connected to the structure of a single residential building shall, in accordance with the relevant provisions of the State, pay special maintenance funds. The special maintenance funds belong to the owner, and are specially used for the maintenance, renewal and transformation of the common parts of the property and the common facilities and equipment after the expiration of the property warranty period, and shall not be diverted for other purposes. Measures for the collection, use and management of special maintenance funds shall be formulated by the construction administrative department in conjunction with the financial department.
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The roof of the building belongs to the public area of the community, which is an area shared by all owners, and does not belong to the category of private responsibility. Therefore, when the roof leaks, the problem should be actively reported to the property of the community and managed by the property. It is my honor to answer for Qinqin, I hope I will be helpful to you, Qinqin If you have any questions, you can contact me with Hail Kai Oh Finally, I wish Qinqin a happy life<>
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The ownership of roof leaks is actually related to the law, and the property management company is generally responsible. As a professional organization of building management, the scope of responsibility of the property management company includes the maintenance and management of facilities and equipment in the common part, such as the walls, roofs, elevators, etc., as well as the service and safety management of the owners. Therefore, if there is a water leakage problem in the house, you should first contact the property management company for repair and repair.
In the actual operation process, the owner can first report the problem to the property management company, and the property management company will determine the responsibility according to the specific situation. If the problem occurs in the common area, the property management company is responsible for repairing it, and if the problem is in the owner's personal house, the owner is responsible for repairing it, which requires clear guidance from the company's internal rules and regulations. Some regulations require owners to self-inspect their homes for water leaks and other problems, and at the same time carry out regular maintenance and other measures.
Therefore, before buying a house, the owner should understand the maintenance policies and regulations of the property management company.
When a water leak occurs in a house, the owner can hire a professional company to inspect and repair it, but if the problem is found to be related to the public facilities, ask the property management company to intervene and repair it. For example, if a water leak is caused by a faulty plumbing in a common area, or if the roof tiles have been damaged, they need to be repaired by a property management company.
Of course, in the actual operation process, disputes will inevitably arise between the owner and the property management company. Therefore, it is recommended that the owner communicate with the property management company in a timely manner after discovering the problem, and if there is any problem, he can negotiate with the property management company to deal with it. If the negotiation fails, the owner can file a complaint with the relevant authorities or seek legal support.
To sum up, the roof letter leakage belongs to the property management, and the property management company should provide the owner with effective maintenance and management of the public facilities. At the same time, the owner should also pay attention to the daily repair and maintenance of the house to avoid the occurrence of water leakage problems. <>
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