What should I do if the owner does not agree to fix the water leakage on the top floor?

Updated on society 2024-07-14
12 answers
  1. Anonymous users2024-02-12

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  2. Anonymous users2024-02-11

    Cause of water leakage 1: The problem of the upstairs residents.

    There are two types of water leaks caused by upstairs residents:

    1. Acts such as renovating houses, renovating pipelines, and using water improperly have damaged the waterproof facilities on the ground.

    2. The long service life of waterproof materials such as floors and water pipes of upstairs residents leads to natural aging, exceeding the quality and shelf life, and water leakage caused by water use under normal circumstances.

    In both cases, we can be sure that the upstairs occupants are responsible for the water leak.

    When encountering this kind of problem, we can negotiate with the residents first, and if the negotiation fails, we can find the community property to mediate in the middle. Mediation is also unsuccessful, and litigation can be used as the last option to protect rights.

    I still hope that neighbors can understand each other and solve problems appropriately and effectively.

    As the injured party, it understands that it is uncomfortable, but it cannot ignore the facts and ask for a sky-high price, which is often not conducive to the resolution of the compensation issue, and is also not in line with the law.

    Cause 2 of water leakage: the problem of the property.

    If the water leakage needs to be repaired due to damage to the main structure, public parts and public facilities and equipment of the house, it can be repaired by applying to the property for housing maintenance**.

    In this case, the first thing to do is to take the evidence and negotiate with the property. Usually there is a good reason to do so, and the property will repair the leaky house.

    If the renovation of the upstairs residents causes water leakage, should the property in the community be held responsible?

    If the property has been informed of the obligation of the renovation residents, and the water leakage itself is not a housing quality problem, then the property management company has fulfilled its management obligations in accordance with the law, and what needs to be done is to actively assist and coordinate the relationship with the owner, and do not bear legal responsibility.

    Cause 3: Developer's problem.

    If the leakage is due to the quality of the house, such as the leakage caused by the waterproof warranty period or the poor design of the house itself. Then, it can be determined that the developer is responsible for the water leak.

    If the house is under warranty, the damaged owner can ask the developer to repair the leaky house and compensate the owner for the losses caused.

  3. Anonymous users2024-02-10

    Summary. Hello dear, happy to answer your <>

    First of all, it is necessary to confirm whether it is a housing quality problem, and an appraisal report needs to be issued by an appraisal agency. For commercial housing, the warranty period of the waterproof layer on the roof is 5 years, therefore, if the top floor of the purchased building leaks during the waterproof warranty period, it is the responsibility of the developer, and the developer is obliged to repair it free of charge, and must find the developer for maintenance within the time limit to prevent the developer from delaying beyond the warranty period and causing them to bear the maintenance costs.

    The roof is leaking, and the owner downstairs is unwilling to take on the repairs.

    Hello, dear, it's a pleasure to answer your <> with socks

    First of all, it is necessary to confirm whether it is a problem with the quality of the house, and it is necessary for the appraisal agency to issue an appraisal report. For commercial housing, the warranty period of the waterproof layer on the roof is 5 years, therefore, if the top floor of the purchased building leaks during the waterproof warranty period, it is the responsibility of the developer, and the developer is obliged to repair it free of charge, and must find the developer for maintenance within the time limit to prevent the developer from delaying beyond the warranty period and causing them to bear the maintenance costs.

    The law analyzes the leakage of water on the roof of the building, and which needs to be dealt with in different situations. 1. For commercial housing, the warranty period of the waterproof layer on the roof is 5 years, therefore, if the top floor of the purchased and rented real estate leaks during the waterproof warranty period, it is the responsibility of the developer, and contact the developer as soon as possible to request immediate repair. Prevent being delayed by the developer beyond the shelf life and causing you to bear the cost of repairs.

    2. If the roof leaks during the warranty period, and the developer does not fulfill its obligations, it can go to the Consumer Association, the housing and construction department and the quality supervision department. 3. For commercial housing, if the roof leakage is caused by man-made damage, even within the warranty period, the developer is not obliged to give free repairs. In such a case, the only way to find a vandal to provide maintenance services, or to provide maintenance by the property and let the vandal bear the maintenance costs, if the other party refuses to compensate for the loss, it will go through the judicial route.

    4. For the commodity, if the roof leaks after exceeding the warranty period, it is the responsibility of all owners because the roof is shared by the public. If the leakage is not serious, a small repair can be done, and all owners can discuss the sharing of maintenance costs. 5. If it is a rented house, the maintenance of roof leakage is completely the responsibility of the landlord, so it is necessary to contact the landlord in time and urge the other party to complete the repair as soon as possible.

    Use of maintenance funds.

    I'm on the top floor, and now the roof leak has to be repaired with public maintenance funds, and every owner in the building has to sign and agree, dear, is the roof of your house leaking, and the property requires every owner to sign?

    So agree now?

    No. What am I going to do.

    What's going on now?

    Can you elaborate on that?

    The owners committee told us to find the residents in the building to sign and agree.

    What should I do.

    You can make a direct complaint about the property.

    Such behavior is irresponsible.

    This is to be managed by the property, not the owner.

    Dear, you can go to the relevant departments for ts

  4. Anonymous users2024-02-09

    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.

    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.

  5. Anonymous users2024-02-08

    The upstairs leaks to the downstairs, and the upstairs refuses to repair it, and the upstairs owner is responsible for compensation and repairs as soon as possible. First of all, it is understood that the original building drainage pipe or submersible bend is leaking, then disassemble for cause investigation, if it is not caused by the decoration of the pipe damage, the property management office is responsible for maintenance and related liability compensation. If the damage is caused by renovation, the person who caused the damage is responsible.

    If there is a leak in the water supply pipe or the drainage and sewage pipe laid during the decoration, the decoration company is responsible for maintenance and compensation, if the upstairs pipe leaks, the upstairs to the downstairs seepage and damage, you can find the upstairs owner to be responsible for compensation and repair as soon as possible. It is recommended to find a good property management office and the person in charge of decoration to come to the site to analyze the water leakage point and find out the cause of the water leakage before the responsibility division system can be carried out. If it turned out to be a hardcover house, then it must be the property management office that is responsible.

    The upstairs leak does not fix the solution

    The upstairs leak is not repaired, and can be dealt with in consultation with the upstairs neighbors. If the negotiation fails, you can find the property in the community, let them give advice or let them solve the problem directly. If the upstairs owner still refuses to repair it, he can file a lawsuit with the local court to ask the upstairs owner to fix the water leak and compensate for the economic losses caused by the water leak.

    The following conditions must be met, and the plaintiff must be a citizen, legal person or other organization with a direct interest in the case. There are clear defendants. There are specific litigation claims, facts, and reasons, and they are within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.

    A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

  6. Anonymous users2024-02-07

    In such a situation, you should first find the property and the property will come forward to solve it, and then go through the legal process.

  7. Anonymous users2024-02-06

    If the upstairs leaks to the downstairs, the upstairs is responsible, and if the loss is caused by this, the upstairs will be responsible for compensation, so it must be made clear to the upstairs, and if it is really not possible, resort to the law (go to the court to litigate).

  8. Anonymous users2024-02-05

    Upstairs leakage downstairs do not agree to repair, this should do a good job of ideological work, go downstairs to communicate well, upstairs water leakage, the supervisor should repair a unit is responsible.

  9. Anonymous users2024-02-04

    The solution to leaking water from upstairs to downstairs is as follows:

    In the event of an upstairs water leak, the first thing to do is to clarify the status.

    1. To prove that it is not artificially damaged by yourself, if this is the case, then it is up to you to solve the problem yourself.

    2. It is the responsibility of the neighbor to find out that the water leakage on the upper floor is caused. In order to find out the situation, the damaged owner can ask the property quality inspection department to identify the cause of the water leak and how to repair it.

    3. It depends on whether the house is still within the warranty period, because the water quality guarantee for new buyers is generally 5 years, and the pipeline warranty is 2 years. If the house leaks water is not man-made, and it is still within the warranty period, the developer has to take the corresponding responsibility.

    Of course, if you are the top floor resident, if there is a water leak on the upper floor, it must be repaired by the developer or the property company, and the cost will be borne by them.

  10. Anonymous users2024-02-03

    Summary. Dear, I am glad to answer for you the water leakage on the top floor and refuse to pay the property fee, and the victory is mainly based on the contract signed by both parties. 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.

    Article 34 of the Property Management Regulations shall enter into a written property service contract with the property management service enterprise selected by the owners' general meeting. The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc. Article 35 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.

    Dear, I am glad to answer for you the water leakage on the top floor and refuse to pay the property fee, and the victory is mainly based on the contract signed by both parties. 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. Article 34 of the Property Management Regulations shall enter into a written property service contract with the property management service enterprise selected by the owners' general meeting.

    The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, the management of property management rooms, the contract period, and the liability for breach of contract. Article 35 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.

    Whether the lawsuit can be won by refusing to pay the property fee for water leakage on the top floor is mainly based on the contract signed by both parties. 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. Article 34 of the "Property Management Regulations" stipulates that the owners' committee shall negotiate with the owners to select a property management service company that is noisy and hire, and enter into a written property management service contract.

  11. Anonymous users2024-02-02

    This can be negotiated with bai.

    Solve it, if the negotiation fails, and the house has exceeded the warranty period, you can apply to the Housing Authority for housing rights.

    Provident fund, this requires the cooperation of other residents, and the property is also obliged to coordinate this, and you can ask someone to repair the leakage on the roof of the provident fund application, I don't know if you are satisfied with this answer.

  12. Anonymous users2024-02-01

    You can complain to the real estate administrative department (housing and urban-rural development committee) of the district and county where the city is located

    The roof of the top floor belongs to the public part of the house built back to answer, and its damage should be repaired by the housing construction unit (developer) or property management unit, that is, during the water quality warranty period, the property management unit shall report to the construction unit to instruct the construction unit to rectify and repair, and beyond the warranty period, the property management unit shall apply for the use of special housing maintenance ** for maintenance, and the water quality warranty period shall not be less than five years.

    In the process of providing property management services, the property does not perform its duties, and can make complaints and reports to the real estate administrative department of the district and county where the city is located (Housing and Urban-Rural Development Commission).

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