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Will the public storm drain freeze the property for water?

Due to the blockage of rainwater pipes on the roof, rainwater flows backwards, and the wood floors and walls of newly renovated new houses are soaked. The owner thinks that the property has not fulfilled its maintenance responsibility and should bear the losses on its own. The property believes that the terrace where the storm drain is located belongs to the owner of the top floor, and the blockage of the storm drain is caused by the owner himself and refuses to pay compensation. The two sides have been negotiating on this for nearly a month, but there is still no result.

Mr. Shen bought a house in the fourth phase of Zhengdong Xinyuan, an old street green space in Zhengdong New District, which is located on the top floor of the eighth floor. Mr. Shen hasn't lived much since the house was renovated. On July 22nd this year, it rained heavily in Zhengzhou. Mr. Shen, who was on a business trip, suddenly received a phone call from the residential property, saying that his house was leaking and the elevator was flooded. Mr. Shen quickly asked his relatives to go home for inspection and found that the problem was the rainwater pipe in the building. Mr. Shen's house is on the top floor, and there is a terrace outside, which is connected with Mr. Shen's house through a sliding door. The entrance of the public rainwater pipe of the building is in the corner of this terrace. Due to the blockage of the rainwater pipe, the rainwater accumulated on the terrace, overflowed the sliding door and finally poured into Mr. Shen's home.

Mr. Shen showed the property management service agreement he signed with the residential property, which stipulated that the property should maintain, repair, serve and manage the parts and facilities of the house. * * * Facilities and equipment include rainwater pipes.

Yesterday, Manager Li, the person in charge of the property management party, presented the house purchase contract of the community owner. The contract stipulated that the right to use the platform, attic and terrace shall be reasonably used by the top unit owner according to law, but the right to use shall not infringe upon the rights and interests of other owners. Manager Li said: "The balcony can only be used by the owners themselves. We must go in from his house when we go up. The rainwater pipe is blocked and the owner checks it himself. " Manager Li believes that it is Mr. Shen's improper use that leads to the blockage of rainwater pipes, which has nothing to do with the property.

In this regard, lawyer Yan Bin, director of Henan Yandong Law Firm, said that although the terrace where the rainwater pipe is located is the property right of * * *, the right to use it belongs to the owner of the top floor and no one else can use it. Therefore, users of the terrace should fulfill their duty of care and take some responsibility for the blockage of the storm sewer. As for the property, the terrace and the storm drain are all public parts, and the property has the responsibility of management and maintenance.

Roof rainwater pipes are blocked, causing rainwater to flow back. Property management companies should bear certain responsibilities _ Property management information _ Honeycomb Property Network bpm.com/2015-09/1325.html.

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