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In accordance with the Civil Code
The water leakage of the house belongs to the maintenance of the common part and is under the management of the property management company; The maintenance of the exclusive part requires the consent of the owner and the management and maintenance of the property management company separately, which shall be in accordance with the "Property Management Regulations".
Article 43 "Property management service enterprises may provide services other than those agreed in the property management service contract according to the entrustment of the owner, and the service remuneration shall be agreed upon by both parties".
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The scope of services of the property.
1. Daily maintenance: For a property, the supporting mechanical and electrical equipment, water supply, power supply system, common facilities, etc. should be maintained frequently and regularly to maintain it in good operating condition and prolong the service life of the equipment.
2. Cleaning and greening: For a residential community, doing a good job of cleaning and greening can create a good and comfortable working and living environment for owners and residents, cultivate people's awareness of getting close to nature, and love nature and life.
3. Safety and security: In real life, everyone wants to feel safe. Property management should do a good job in safety and security, eliminate unsafe factors in the bud, so that owners and users have no worries, and ensure the safety of people's lives and property.
4. Fire protection work: property management should attach great importance to fire protection work, must ensure that the fire fighting equipment is in a good state of standby, and train an amateur fire brigade to respond immediately in case of fire. In addition, it is necessary to improve the awareness of fire prevention and self-rescue of owners and users.
5. Maintenance and management of the common parts of the house: there will be many problems in the use of the property, and there must be a round-the-clock maintenance team to be on call to deal with all kinds of minor repairs and emergency repairs in a timely manner, so as to facilitate the owners and users.
6. Collect all kinds of fees, keep and use management: collect management fees regularly, prepare budgets, income and expenditure accounts, and publish them regularly to facilitate the supervision of owners and users.
7. Coordinate all aspects of social relations: The property management company should keep in touch with the police station and the neighborhood committee to coordinate the work. The management company should also communicate with the relevant departments of the property, such as water supply, power supply, gas, telecommunications, municipal administration, etc., so that the situation can be coordinated with the relevant departments and solved as soon as possible.
8. Deal with the interpersonal relationship within the property: A large property is inhabited by owners and users of various occupations and personalities, and the property management company can give owners and users the opportunity to communicate by carrying out networking activities.
If there is a water seepage problem in the house, the cause of the problem should be determined first, and targeted measures should be taken to help solve the problem quickly. If the water seepage of the house is caused by public parts, such as balconies, roofs, walls, etc., it belongs to the scope of maintenance that the property management company is responsible for; If the water seepage of the house is due to the improper use of the owner's own parts, such as waterproofing, illegal modification, etc., the owner shall be liable; If there is a problem with the quality of the house, you can file a claim with the developer.
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Belong. If the basement leaks and belongs to the public area, the property shall be responsible for the damage caused by it, and the property shall bear the compensation. Owners of residential properties, non-residential properties in residential quarters or non-residential properties connected to the structure of a single residential building shall pay special maintenance funds in accordance with the relevant provisions of the State.
Responsibilities of the property in the community:
1. Leakage, siltation and overflow of public facilities and equipment. Public facilities, equipment, pipelines due to poor construction quality, age, lack of inspection, disrepair and other factors caused by the damage to the property of the owners of the community. Typical events such as "water pipe bursting", "short circuit of the line", "elevator failure", etc.
2. The public building part is in disrepair and damages pedestrians. Typical incidents such as the collapse of fences, the falling off of external walls, and damage to pedestrians.
3. The failure of public entertainment service facilities or the poor management of public objects causes damage to the owner. Typical examples include guests slipping and falling in the swimming pool area, missing manhole covers (covers on outdoor drainage channels or underground pipe shafts), or improper placement of public objects causing pedestrians to trip.
4. Behaviors that affect neighbors and others caused by the owner's violation of regulations without being discouraged by the employees of the management company who are aware of but are not discouraged. Typical incidents include improper renovation affecting the neighborhood, setting off fireworks and firecrackers, causing fires, and damaging public and private property.
5. The negligence of the company's employees in management causes the property liability loss of the owner.
6. Management negligence caused by other natural disasters.
Is the resurgence of the house a quality problem:
1. The anti-moisture of the house is not a quality problem, the first reason is that the inner side of the exterior wall is anti-moisture, which belongs to the builder and the property management;
2. If the bathroom and kitchen walls are damp, if they do not renovate the waterway after handing over the house, the builder and the property are responsible.
Legal basis
Property Management Regulations
Article 2 The term "property management" as used in these Regulations refers to the activities of the owners through the selection and employment of property management service enterprises, and the owners and property management service enterprises shall repair, maintain, and manage the houses and supporting facilities and equipment and related sites in accordance with the property management service contracts, and maintain the environmental sanitation and related order in the property management area.
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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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Leaky property pipes!
According to Article 2 of the Property Management Regulations, property management services refer to the maintenance, maintenance and management of houses and supporting facilities and equipment and related sites, and the maintenance of environmental sanitation and related order in relevant areas. Generally speaking, property services include comprehensive management, maintenance and management of housing and common facilities and equipment, public order maintenance, cleaning services, greening management, decoration management services, parking management services, etc. Property management companies can apply for house repairs** as funding for roof repairs.
According to the "Interim Provisions on the Management of the Use of Special Maintenance Funds for Commercial Housing", the public maintenance paid by developers and home buyers should be all in place, and the owners' meeting and the owners' committee of the community should make unified decisions before use.
Leaky property pipes!
According to Article 2 of the Property Management Regulations, property management services refer to the maintenance, maintenance and management of houses and supporting facilities and equipment and related sites, and the maintenance of environmental sanitation and related order in relevant areas. Generally speaking, property services include comprehensive management, maintenance and management of housing and common facilities and equipment, public order maintenance, cleaning services, greening management, decoration management services, parking management services, etc. Property management companies can apply for house repairs** as funding for roof repairs.
According to the "Interim Provisions on the Management of the Use of Special Maintenance Funds for Commercial Housing", the public maintenance paid by developers and home buyers should be all in place, and the owners' meeting and the owners' committee of the community should make unified decisions before use.
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If the house is leaking, if it is a leak on the roof or a leak in the common area of the community, then the property needs to take the money out to repair it. In fact, the maintenance ** is also donated by the owners, so in fact, the property has no responsibility, just come forward to ask the maintenance worker to repair the leakage. So if the exclusive part is leaking, it depends on whether the upstairs owner's recent behavior has damaged the leaky layer.
If so, the upstairs owner will be responsible for the repair costs, as well as the damage to the property and related costs due to water leakage. So it's a matter of dealing with it on a case-by-case basis. But generally speaking, there is no direct responsibility for the property.
If it is not man-made damage, and it is a building that has just been bought for less than 4 years, then you can find a real estate development company. Because the warranty period is still there, it is up to them to repair and compensate. If it is an old house and the aquifer is in disrepair, then the owner of the upper floor and the owner of this floor need to be responsible for the general, which is the embodiment of fair responsibility.
If you go upstairs, there is really nothing wrong with it, because upstairs is also the time of normal water use. But this may seem unfair to the owners of the upper floors, but it is fair on the whole. For example, if all floors are leaking, the owner of the upstairs floor is responsible.
What if it is a leak at the bottom of the building, then the property management office is responsible, unless the roof is not managed by the property management company and other special reasons. So when does the property management office need to be held responsible? That is, there is a water leak, and the property management is responsible for asking someone to come and repair it, but the repair is delayed due to negligence, which in turn causes the damage to be further expanded.
Then the property management company needs to be responsible. Legal basis: According to the Property Management Regulations:
Article 2 The term "property management" as used in these Regulations refers to the activities of the owners through the selection and employment of property management service enterprises, and the owners and property management service enterprises shall repair, maintain, and manage the houses and supporting facilities and equipment and related sites in accordance with the property management service contracts, 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 pay special maintenance funds in accordance with the relevant provisions of the State. 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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If it is outdoor, the property should be responsible. Broken outdoor plumbing, whether it's a water main, drain pipe, heating pipe or whatever, whether it's in the hallway or outside the stairs, should be covered by the property for all repair costs. If the water pipes in the home are leaking, the property is not responsible for repairs.
Because the main responsibility of the property is the maintenance and management of the common areas, excluding the home. Therefore, if the household water pipe is leaking, you need to contact the maintenance personnel yourself for repair.
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