Do I have to pay the property fee if the house leaks rain?

The house leaks, so you need to pay the property fee.

The realty service enterprise shall be selected by the owners' committee according to law, and the realty service contract signed by the owners' committee and the realty service enterprise shall be protected by law and be binding on the owners. Property companies provide property services in accordance with the contract, and owners are obliged to pay property service fees in accordance with the contract. In property fee disputes, owners often argue that there are defects in property management services, but few owners get court support.

If the owner really feels that the management is not good, it is best to raise an objection to the property company in writing and keep relevant evidence. If the property company refuses to correct it, it must also provide corresponding evidence to prove that there are serious problems in the property, and the court will reduce the property management fee as appropriate. Of course, if you are really dissatisfied with the property service company, according to Article 11 of the Property Management Regulations, with the consent of more than half of all owners, the owners' committee may dismiss the property service company and re-employ.

Is it the responsibility of the property to repair the leaking house?

If there are loopholes in the design of the house, it should be solved by the developer. If it is a quality problem, it should be solved by the construction unit. If the developer and the construction unit can't find it, and the property maintenance fund has been handed over to the property, you can find a property company to solve it. The property management company should be fully responsible for repair and maintenance, help Mr. Cui solve the water leakage problem and do a good job of waterproofing.

Housing property maintenance fund refers to the one-time fee charged by the sales unit to the purchaser according to the sales contract when the commercial housing is sold, as a reserve fund for future maintenance, overhaul, renewal and transformation of public parts and property facilities in the property management area after the warranty period expires. The ownership of housing property maintenance funds belongs to all owners. Therefore, if Mr. Cui pays the housing property maintenance fund to the property management company, he should enjoy the right to maintain public facilities.

According to the Regulations on Quality Management of Building Engineering, the minimum warranty period of roofing waterproof works, waterproof toilets, rooms and external walls is 5 years under normal use conditions. The warranty period of the construction project is calculated from the date of completion and acceptance of the project, so the purchaser must pay attention to the duration of the warranty period when collecting the house, so as not to miss the warranty time.

General housing leakage refers to roof leakage and external wall leakage. No matter what kind of water leakage, as long as it is not man-made damage during the warranty period, the developer will be responsible for maintenance. However, if the damage is man-made, the injured person must bear the responsibility, such as opening a skylight on the roof, installing solar energy, and reforming the external wall. And change the original structure, the developer has the right to refuse to repair the waterproof for free.

In fact, the waterproof system is very fragile because water is everywhere. In the process of construction, improper joint treatment of waterproof layer or insufficient waterproof height during design may cause water leakage in the future. Moreover, waterproof maintenance is not a simple water leakage. There are some houses around us that leak year after year. After the warranty period, the daily maintenance of the house waterproof is handed over to the property management company. If there is a large area of water leakage, it is necessary to start the special housing maintenance fund.

After the warranty period of the house expires, after the facilities and equipment in the house are overhauled, repaired, updated and transformed, the special maintenance fund for the house can be started. The so-called large and medium-sized repair refers to the project whose maintenance cost accounts for 50% or more than 20% of the new construction cost. In daily life, we can simply convert the number of households into one. For example, there are ten households on the top floor, and only one household leaks, so we can't start the maintenance fund. This situation is generally completed by the daily maintenance of the property company.

It is very important to start the maintenance fund. The owner agrees that the exclusive part accounts for more than 2/3 of the total construction area and the property owner accounts for more than 2/3, which is often referred to as "double 2/3". Start-up maintenance funds often fail, mainly because some undamaged owners are unwilling to use maintenance funds because they do not directly infringe on their personal interests.

legal ground

Article 11 of the Property Management Regulations stipulates that with the consent of more than half of all owners, the owners' committee may dismiss the property service company and re-employ.