Who needs to repair the potholes in the community?

Pavement damage at the entrance of residential area (excluding municipal pavement) and pavement damage in residential area belong to property management and maintenance. The roads in the residential area belong to the responsibility of property management, and the property management company needs to ensure that the road surface is intact and smooth, and repair the damaged road surface in time without affecting the owner's travel.

In terms of maintenance cost, residential pavement is a public facility and a public part. When maintenance is needed, the warranty period should be considered first. For example, during the warranty period, the quality responsibility is borne by the developer. If it is outside the warranty period, it is necessary to look at the relevant contract or agreement before deciding how to repair it. Generally, if it is outside the warranty period, the owner needs to bear the maintenance costs.

Roads in residential building divisions are owned by the owners, except those belonging to urban public roads.

Under normal circumstances, the owner is responsible for the maintenance of half of the damaged roads in the community. If there is an industry Committee, it can be reflected to the industry Committee; If it is managed by a property management company, it is necessary to combine the property service contract to judge whether it belongs to the maintenance scope of the property management company. If it is not within the scope of maintenance, overhaul fund is generally used for maintenance.

There is a prerequisite for a property management enterprise to assume the liability for compensation, that is, it fails to perform its duties as stipulated in the property service contract, causing personal and property damage to the owner. As long as the property has fulfilled its management responsibility, it is not responsible for the damage to the owner. Security obligation is the most important and basic obligation of residential property companies. Assist in the safety work in the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. Residential property enterprises violate laws and regulations on public security, environmental protection, property decoration and use in the property management area. The realty service enterprise shall stop it and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law. If the owner is injured due to the pavement problems in the residential area, the residential property shall be responsible for management and compensation.

Pavement damage in residential areas cannot be used as a reason for owners to refuse to pay property fees. The reason for this is the following：

1, the property management fee is the service income of the property management company, which is different from other communities;

2. The roads in the community are part of the community, and * * * owns the property. The maintenance of residential pavement needs to be undertaken by residential owners, and the property is only the role of manager and trustee, not the decider;

3. Road maintenance in residential areas belongs to the transformation of residential areas. The basic process is as follows: the housing industry committee proposes a maintenance plan on behalf of all owners, and the entrusted property company can also entrust an external company to provide a maintenance plan. After preliminary investigation and study by the housing industry Committee or some owners' representatives, it shall be submitted to the owners' meeting for voting;

4. Because the number of owners in most communities is above 100, it is unrealistic to hold a general meeting of all owners. The common practice is to deliver the voting ticket to each owner, withdraw the voting ticket within the specified time, convene the owners' meeting (owners' representatives can attend, and owners who have time and will can also attend), and check the voting ticket (specifically, there are property management regulations and rules of procedure for the owners' meeting). When the number of votes recovered reaches a certain proportion, such as 2/2,

5. After the resolution is passed by the owners' meeting, the owners' committee may entrust a property company or other professional companies to start road maintenance in residential areas.

Legal basis:

property management regulations

Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.