Roof leakage to find the property, the property is not treated, how to deal with it

1. Roof leakage to find the property, the property is not treated, how to deal with it.

1. The solution to the roof leakage to find the property, and the property is not dealt with as follows:

1) If the house exceeds the warranty period, the property refuses to perform, and fails to reach an agreement on the repair matters, it is recommended to repair it by itself, and after the repair is completed, the owner has the right to respond to the local housing authority or file a lawsuit with the people's court;

2) If the result of roof leakage is identified as the owner's personal reasons, the maintenance responsibility shall be borne by itself;

3) If the roof has passed the warranty period, since the top floor is a public facility, it should be repaired by the property use maintenance**.

2. Legal basis: 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 manage 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 violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.

Article 943.

The property service provider shall regularly disclose to the owners the service matters, responsible personnel, quality requirements, charging items, charging standards, performance, as well as the use of maintenance funds, the operation and income of the common part of the owners, and report to the owners' general meeting and the owners' committee.

2. What are the ways for owners to protect their rights?

1. Negotiation. The two sides relied on their own strength to compromise and make concessions to each other to resolve disputes. This method is quick and easy and calm, but the content of the negotiation should be documented in writing;

2. Mediation. The intervention of a third party induces mutual understanding and concession between the parties to the dispute, and finally resolves the conflict. When the parties to a dispute lose the basis for dialogue, it is a smart choice to seek third-party mediation;

3. Arbitration. A dispute resolution mechanism in which disputes are referred to an arbitration institution and adjudicated by them. In the case of finality, if one party fails to perform the arbitral award, the other party may apply to the court for enforcement;

4. Litigation. A system in which one party submits a request to the court and the court adjudicates the dispute. Litigation is the final and most authoritative dispute resolution mechanism and the last barrier for parties to protect their rights.

If your house is leaking and the property is not being treated, you can take the following steps:

1.First, review your property management agreement to understand the scope of the utility company's liability for home repairs. If the home is under warranty, the utility company should take responsibility for repairs.

If your home is out of warranty, you will need to pay for the repairs yourself, but the utility company may need to assist.

2.If the strata company refuses to deal with your concern, you can file a complaint with the strata company manager or management. You can complain in writing or verbally, but it's best to keep evidence of your complaint.

3.If the complaint is unsuccessful, you can file a complaint with the local housing authority or the relevant ** department. They may step in and help you solve the problem.

4.If none of the above solves the problem, you may consider suing the utility company in court to take responsibility for the repairs and compensate you for your losses.

In short, you should insist on defending your rights and interests and solve the problem through reasonable means.

1. First of all, it is necessary to clarify the responsibilities of the property. Roof leakage is a major repair, and the property is only responsible for a small area of repair work, so it is justified that the property does not deal with it, and it can only be said that the property has the obligation to assist the owner to solve the problem.

But we paid the property fee, and in this case, the property should urge the master to step up repairs, or communicate with the developer and send someone to solve the water leakage problem.

2. Within five years of buying a house, if the roof leaks due to external natural reasons, the developer is responsible for repairing it. At this time, the property should contact the developer and arrange for professionals to repair the roof, so that the owner's home cannot be plagued by water leakage.

3. It has been more than five years since the purchase of the house, and the property needs to find out the cause of the water leakage. Once the waterproofing layer of the roof is damaged by human causes, the property must contact the vandals to repair the roof.

If the roof leaks due to natural causes, you can use the property maintenance** to repair it, but this requires the consent of 80% of the owners of the entire building before the property can be activated.

In general, once a roof leak is found, finding a property is the first thing, but this situation is not solved by the property, and different solutions need to be found according to different reasons.

As long as the house is within the warranty period, you can negotiate with the developer and ask it to repair it. If the developer refuses to perform and the parties fail to reach an agreement on the repairs, the developer can be sued for compliance.

Extended information: The first step is to find out who is responsible for this management. Utilities shall be the responsibility of the property and shall be paid out of maintenance**; For non-public facilities, it depends on whether they are exclusive or common.

If there is no agreement, there is no objection that the exclusive right holder shall be responsible for the management and maintenance of the exclusive part, but there is a dispute over who is responsible for the management and maintenance of the common part.

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

Article 281: Funds for the maintenance of buildings and their ancillary facilities belong to the owners. By the joint decision of the owners, it can be used for the maintenance, renewal and transformation of common parts such as elevators, roofs, exterior walls, barrier-free facilities, etc. The raising and use of funds for the maintenance of buildings and their ancillary facilities shall be announced on a regular basis.

If the property doesn't care, then you can go to the developer first, assuming that the property and the developer don't care, then the party can directly complain, or directly find the **to** property this kind of behavior. Because it is because of the quality of the house that there is a problem with the water leakage of the wall, it is reasonable that the property and the developer should be in charge. If the water leakage caused by damage to the main structure, public parts and public facilities and equipment of the house needs to be repaired by major repair or public renovation, you can apply to the property for housing maintenance** to repair.

Of course, if the property contract signed between the owner and the property stipulates that the property management company has certain repair obligations for the house, the property management company must also carry out repairs. If the property does not cooperate with the maintenance, the owner can also take the property management company to the court.

1. The determination of the responsibility for water leakage in residential buildings should first distinguish whose responsibility caused the water leakage, and the responsible person shall compensate for the losses caused by the water leakage

1. If it is a water leak caused by the decoration of the house, it will affect the downstairs, and the landlord shall be responsible for the losses caused.

2. Due to the aging of the water pipes and the loose pipe fittings and leakage, the landlord did not replace it in time, and the tenant just moved in and did not know it. The loss of the downstairs caused by water leakage is the responsibility of the landlord, and the tenant is not responsible.

3. If the tenant finds that the water pipe is aging and the landlord does not replace it in time, the landlord shall be deemed to be the main responsibility and the tenant shall bear the secondary responsibility.

4. If the tenant forgets to turn off the water pipe, the tenant shall bear full responsibility for the loss of water leakage downstairs.

1. The parties shall analyze the specific causes of the water leakage in the house, and if it is caused by quality problems when the developer builds the house, the party concerned may request maintenance and compensation for the corresponding losses in accordance with the law

2. If the contract does not stipulate the specific liability for breach of contract or the specific amount of compensation, or the agreement on the liability for breach of contract is not clear, the parties may require the other party to bear the corresponding liability for compensation according to the actual loss. The party who lost the loss should demand compensation from the other party according to the actual loss, including the cost of materials for repairing the house, and the labor cost of hiring professionals to repair it.

3. If the obstacle cannot be eliminated or the problem cannot be solved through negotiation, the dispute may be appealed to the people's court, and the court shall accept it in accordance with the law. If the appellate court resolves the case, the parties should collect the relevant cause of the leak as evidence in advance.

Legal basis: Property Management Regulations Article 46 Property service enterprises shall assist in the safety precautions within the property management area. In the event of a safety accident, the property management service enterprise shall report to the relevant administrative department in a timely manner while taking emergency measures to assist in the rescue work. Where property management service enterprises hire security personnel, they shall comply with relevant state provisions.

When maintaining public order in the property management area, security personnel shall perform their duties and shall not infringe upon the legitimate rights and interests of citizens.

First of all, it is necessary to distinguish the location of the water leakage, if it is a water leak in the public area, the property should be responsible for repairing; Classification of this situation:

1) If the public area is still leaking during the warranty period, the developer should be found, and the construction party on the developer's side is responsible for repairing;

2) If the water leakage in the public area has passed the warranty period, it is repaired by the property management company;

If the water leakage in the public area has passed the warranty period and is not within the scope of the obligations of the property service company stipulated in the "Property Service Contract", and belongs to the category of major and medium repairs, it is necessary to use public maintenance funds for maintenance; Second: If it is a leak in the owner's house, or a leak in the upstairs, it should be repaired by the owner or repaired by the upstairs owner

1. If it is within the warranty period, the developer should be responsible for the maintenance;

2. If the warranty period has expired, it should be repaired by the owner himself.

What are the responsibilities of the utility company.

Taking the Measures for the Management of Property in Residential Quarters in Beijing as an example, Article 13 stipulates that property management enterprises have the following obligations: (1) to fully perform the property management contract, maintain and repair the houses, facilities and public parts entrusted by the property owner, and undertake the security, fire prevention, greening maintenance, cleaning and cleaning of the residential community and the properties in the community, as well as the convenience services necessary for the daily life of the property owner and the user; (2) Accept the supervision of the property management committee and residents; (C) major management measures submitted to the property management committee for deliberation and decision; (D) accept the guidance and supervision of the housing and land management organs, other administrative organs and local sub-district offices; (E) the discovery of violations of laws, regulations and rules, to the relevant administrative organs in a timely manner.

Who bears the cost of repairing the leakage on the top floor.

Who bears the cost of repairing the rain leak on the top floor.

If there is damage during the warranty period, the construction unit must bear the repair cost, and the warranty period for roof waterproofing is five years; If the rain leaks for more than five years, the maintenance costs are generally borne by all the owners, because the rain leakage on the top floor is generally caused by roof damage, which is a public part and needs to be paid by the owners to pay for the maintenance**.