According to the property law, what should the owner do if he finds a roof leak after taking over th

If the owner does not move in after receiving the house and finds that the roof is leaking, then you should negotiate with the community developer to deal with it, and there is a small developer to deal with the leakage problem for you.

The property reflects that the property should be put into investment after receiving the house, and if the roof leakage is found, it should be repaired in time.

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.

Article 273 of the Civil Code: The owner has rights and obligations to the common parts other than the exclusive parts of the building; Waiver of rights may not be used as a reason for non-performance.

The roof is a common area, but who owns it? The entire building is shared by all the owners, and the roof should be repaired by everyone at their own expense, and the amount should be shared equally. The economic damage caused by a leaky roof should also be borne by everyone.

In other words, not only the loss of the sixth floor, but also your home should be shared by everyone (including yourself and the owner of the sixth floor).

Talk to the owner of the sixth floor about this matter, let him stand on your side, and then find the neighborhood committee or street office, and ask them to help negotiate with other neighbors, and complete the repair as soon as possible to avoid leakage in the future. If it drags on for a long time, such as more than 1-2 months, you can give the local **hit** to speed up the progress.

Remember, ** is the last step, and you must do all the work ahead. No result, look for ** again.

If it is an old house, there is no property company in the community, and in the case of providing property services, the roof leaks and can only be repaired by the owner himself, after all, the old house has long passed the warranty period, and the community has not invited the property company to maintain it, so it can only be repaired at the owner's own expense.

Regardless of whether there is a property or not, within the warranty period stipulated by the state, the property is repaired by the development and construction unit. After the expiration of the warranty period, the property owner (owner) is responsible for the repair and maintenance of the exclusive part.

1. First of all, it is necessary to clarify the responsibilities of the property. The roof leakage belongs to the maintenance of the building, and the property is only responsible for a small range of maintenance work, so it is legitimate for the property not to 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 ** draft to repair it, but this requires the consent of eighty percent 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.

If the house exceeds the warranty period, the property refuses to perform, and fails to reach an agreement on the repair of the section, 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. Claim damages. This is because the property management company is responsible for the maintenance of shared facilities that are beyond the warranty period.

Before the owner applies for the property right certificate, he has paid for the maintenance**, which will be used for the maintenance and renewal of the common facilities in the community after the expiration of the warranty period. However, it cannot be used for the repair of the owner's personal part of the house.

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 in common. 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.

Normal payment, the roof leaks due to waterproofing problems, and the property is responsible for repair.

It's up to you and Bai

between property companies.

How is the contract of the same as how to prescribe zhi

The term "property management" as used in these Regulations refers to the activities in which the owner selects and hires a property management service enterprise, and the owner and the property management service enterprise repair, maintain, and manage the housing and supporting facilities and equipment and related sites in accordance with the property management service contract, and maintain the environmental sanitation and related order in the property management area.

Article 35.

The owners' committee 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 36.

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.

1. The property company is a security nanny hired by all owners to carry out daily minor repairs and repairs to ensure that all owners can live with water, electricity, heating capacity and other services normally.

2. The roof leakage belongs to the unconditional maintenance of the development company within 5 years of delivery, and the maintenance after 5 years of warranty is the public maintenance of the relevant owners, and the property company handles the maintenance procedures, supervision, and acceptance for the owners.

3. Special note: The property company is equivalent to the security and cleaning secretary hired by the private family, and the property fee is equivalent to their salary.

If the developer has officially handed over the property, then the owners' committee should lead the property company to apply for public housing maintenance** to operate the maintenance process.

You must be responsible, otherwise why do you pay so much property fees every year, is it all garbage disposal fees!