If there is water seepage on the external wall, should the property management fee be paid?

This maintenance problem is the responsibility of the developer, and the property is responsible for recording and contacting the processing, so the property fee has to be paid. You can go to the developer and ask for compensation, which of course can be done in the form of a waiver of the "property service fee".

There are several ways to bear the liability for breach of contract.

1) Pay liquidated damages. Liquidated damages: refers to a certain amount of money paid to the other party when the contract debtor fails to perform or improperly performs the contractual obligations as agreed by the parties to the contract.

2) Damages. Damages: refers to the economic compensation made by the breaching party to the other party when the property loss is caused to the other party due to the breach of contract by one party to the contract.

3) Continued fulfillment. Continued performance: refers to the judgment or special performance order issued by the court or arbitration institution to force the debtor to perform the contractual obligations within a specified time limit.

Other remedies. Article 111: If the quality does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration.

Article 112:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

Not included, you said that the exterior wall seepage, the property cost is the maintenance and minor repair of the common area, the exterior wall you check whether it is within the warranty period, the general waterproof is guaranteed for five years, from the day you hand over the house.

1. What should I do if the water seepage property on the exterior wall is not treated?

1. The solution to the non-treatment of the seepage property on the exterior wall is as follows:

1) You can contact the developer and ask the developer to come forward to solve the problem;

2) If the developer does not deal with it, he can go to the marketing center to protect his rights, including the loss caused by water seepage, and he can also claim compensation;

3) If it is within the warranty period, the property contacts the developer to enable the maintenance of the "special ** for maintenance", if it is delayed for too long, you can find the person in charge of the real estate developer with the "Residential Quality Assurance Certificate";

4) If the problem is not solved, you can file a lawsuit against the property and the developer, and use the law to protect your legitimate rights and interests.

2. Legal basis: Article 7 of the Measures for Quality Warranty of Housing Construction Projects.

Under normal use, the minimum warranty period for home construction works is:

A foundation and main structure engineering, for the design documents specified in the reasonable service life of the project;

Second, the leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements is 5 years;

3. Heating and cooling system, for 2 heating periods and cooling periods;

4. 2 years for the installation of electrical systems, water supply and drainage pipelines, and equipment;

5. The renovation project is 2 years.

The warranty period for other items shall be agreed between the construction unit and the construction unit.

Second, how to deal with the process of housing construction quality problems of the Ministry of Housing and Urban-Rural Development.

1. Letters, letters, visits, registrations;

2. Preliminary verification and implementation of the complaint to relevant units and personnel;

3. If the content of the complaint is basically true after preliminary verification, the relevant information of the complaint project shall be requested;

4. Organize investigations;

5. Prepare the investigation report, put forward the investigation conclusions and handling opinions.

<> "1. Is the property or the owner repairing the water seepage on the exterior wall.

Generally, it is repaired by the property, because the seepage exterior wall belongs to the public part, so it is the maintenance scope of the property, but if it is because of man-made damage, resulting in water seepage on the exterior wall, then it should be repaired by the vandal and bear the corresponding loss responsibility, if the vandal has no way to repair, the property can be repaired, and the vandal bears the corresponding costs.

2. How to identify the person responsible for water seepage on the exterior wall.

1. If it is a newly purchased first-hand house that has not yet passed the shelf life, then the developer must bear the corresponding responsibility for water seepage on the exterior wall. Under normal circumstances, the warranty period of the new house is 5 years, and the starting time is the delivery date.

2. If the house has passed the warranty period, and due to poor property management, resulting in water seepage on the exterior wall, then the property company needs to bear the corresponding responsibility.

3. If the house is naturally aging and causes water seepage on the exterior wall, the property management company can extract public maintenance ** and repair the water seepage part of the exterior wall. Of course, when picking up repairs**, it must be approved by at least two-thirds of the owners.

4. If the exterior wall is leaked due to the owner's illegal decoration, it is the owner's personal behavior, and he needs to compensate for the corresponding expenses and bear the maintenance work.

See if it is within the maintenance period and the situation is as follows

1. During the maintenance period, the development engineering department is responsible for coordinating the repair of the construction unit.

2. During the maintenance period, the property can help the owner to coordinate, notify and inform the engineering department.

3. Outside the maintenance period, the maintenance cost should be taken from the public maintenance **.

4. The Housing Authority has a system for withdrawing public maintenance, and the property can help the owner to approve, report, supervise and inspect the Housing Authority.

NEED NOTICE:

According to the "Regulations on the Quality Management of Construction Projects", the leakage prevention of roof waterproofing projects, toilets with waterproof requirements, rooms and external walls has a lower warranty period of 5 years.

Regarding the problem of water seepage on the exterior wall of the common part of the house, the developer should be responsible for repairing it during the warranty period. At present, the warranty period of the exterior wall of the community agreed on the residential quality assurance certificate provided to the owners at the time of delivery of many new real estate is generally 5 years, and the overhaul beyond the warranty period needs to be resolved by the relevant owners of the community and the owners' general meeting before the maintenance funds can be used.

Therefore, if the owner finds that there is water seepage on the exterior wall within the warranty period, he should contact the developer and the property management company for maintenance in time. In addition, the cost of self-repair cannot be deducted from the strata fee. If the matter is urgent, the owner advances money to repair it, and the advance fee must be returned.

Legal analysis: Regardless of whether the property with water seepage on the exterior wall can refuse to pay the property fee, it can be dealt with through negotiation with the property management department.

Legal basis: Property Management Regulations, Article 41 The owner shall pay the property service fee in accordance with the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the property owner shall be jointly and severally liable for the payment from the agreement.

For properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the unit before the construction of the Hail.