How does the law determine that the owner's house leaks and does not pay the property fee?

The house leaks,

Not only does the owner have a headache,

Property is also a headache.

If it is within the warranty period,

The construction unit shall bear the repair costs;

If the warranty period expires,

Because the roof belongs to the public area,

Belonging to the burden of public maintenance funds,

Should apply for public * * * maintenance funds for maintenance.

The judge reminded the owner:

Safeguarding rights should be justified,

Don't be self-righteous and go your own way.

The owner refused to pay the property fee for six consecutive years on the grounds of water leakage in the house, and the property company took the owner to court. For this property service contract dispute case, after two trials, the court ruled that the owner should pay the property fee in full.

Review the case

Since moving into a residential area on February 5, 20 15, Li has been in arrears with various expenses such as property fees, and accumulated arrears of 7797 yuan in the past six years. The residential property management company appealed to the court after repeated reminders failed, demanding that Li return the property fee and pay the late payment fee 12203 yuan, totaling 20,000 yuan.

During the trial, the defendant Li argued that he repeatedly reported to the property that there was water leakage in the roof, public pipes and other areas during the renovation, but it has not been solved until it rains. Because the property service is not in place and the breach of contract comes first, it is not without reason that he does not pay the property fee.

competence of court

The Wang Du court held through trial that the Pre-Property Service Agreement and the Collection and Payment Agreement signed by the original and the defendant were the true intentions of both parties, and they did not violate the prohibitive provisions of laws and administrative regulations, and were legal and valid.

When the plaintiff provides property services, the defendant shall pay the related expenses such as property services in accordance with the provisions of the contract and laws and administrative regulations. When the defendant determines the amount owed, he shall pay the plaintiff the property fee, elevator fee, public lighting fee, garbage disposal fee and heat loss fee totaling 7797 yuan.

The plaintiff asked the defendant to pay a late fee. Because the defendant's house leaked water and other problems since the delivery date, the two sides communicated many times, and the defendant did not have malicious breach of contract, so the court did not support the plaintiff's claim to ask the defendant to pay the late payment fee.

The defendant's defense about the house leaking and refusing to pay the property fee belongs to the scope that the public maintenance fund should bear, because the leakage of public parts such as roofs and public pipes does not belong to the same legal relationship with this case. The defendant can claim his rights alone, so this defense is not accepted.

The defendant should fulfill the obligation to pay the property service fee as agreed in the contract, so the court ruled that the defendant Li should pay the property management fee and other expenses of 7797 yuan according to law.

Li appealed against the above judgment, and the Municipal Intermediate People's Court made a ruling a few days ago after examination: upholding the original judgment and rejecting the appeal.

Judge's explanation

The presiding judge analyzed that the property service enterprise, as a public-oriented business enterprise, is responsible for the property management and maintenance of the whole community. If the owner fails to pay the property fee on time, it will not only affect the normal operation of the enterprise, but also affect the normal life of the residents in the whole community.

In daily life, roof leakage problems occur from time to time. If it happens during the warranty period, the construction unit shall bear the repair cost. After the warranty period expires, the house leaks water. Since the roof belongs to the public, it belongs to the scope of the public * * * maintenance fund. The owner should contact the property to apply for the public * * * maintenance fund for maintenance.

If the house leaks, the owner should safeguard his legitimate rights and interests through reasonable and legal channels, and must not refuse to pay the property fee on the grounds that the house leaks. In the end, he will not only bear the responsibility of handing over the property, but also endure the psychological troubles caused by long-term water leakage, which is not worth the candle.

So,

What if the roof (or roof) leaks?

Who should bear the responsibility for maintenance?

Who should I call for community maintenance? How to share the expenses?

The roof is leaking,

Who should bear the responsibility for maintenance?

Roof leakage belongs to the housing quality problem, and the developer shall bear the maintenance responsibility during the warranty period.

First of all, it is necessary to determine whether the cause of roof leakage is a quality problem in construction or caused by improper decoration or use by the owner.

In this regard, it is suggested that professional institutions can be hired for identification. If it is identified that the roof leakage is caused by the residents, the maintenance responsibility should be borne by themselves. If the roof leakage is identified as a housing quality problem, it depends on whether it is still within the warranty period undertaken by the developer.

Developers, as designers and builders of houses, should be responsible for the quality of houses. According to the relevant regulations of the state, when the house is delivered, the developer should provide the buyer with a new house quality guarantee. The warranty details the warranty period of each part of the house. According to the current regulations, the warranty period of roof waterproofing is 5 years. During the warranty period, the developer should bear the responsibility of free maintenance for the housing quality problems that occur under the normal use of property buyers.

Property management companies undertake minor repairs and maintenance of facilities outside the warranty period, and use maintenance funds for medium repairs and major repairs. Property buyers have paid a certain proportion of maintenance funds before handling the real estate license. This maintenance fund can only be used for the maintenance and renewal of facilities in the community after the warranty period expires, and cannot be used for the maintenance of the owner's own house.

place

along with

1. If your roof leaks, which belongs to the quality problem of commercial housing, the developer should be responsible for free maintenance during the warranty period;

2. If your roof has passed the warranty period, but the top roof belongs to * * * facilities, it should be repaired by the property management company with maintenance funds;

According to the provisions of Article 22 of the Measures for the Administration of Residential Special Maintenance Funds, if it is necessary to use residential special maintenance funds, the following procedures shall be followed:

(a) the realty service enterprise puts forward suggestions according to the maintenance and renovation projects, and the relevant owners put forward suggestions if there is no realty service enterprise;

(two) the exclusive part accounts for more than two-thirds of the total construction area and accounts for more than two-thirds of the total number of owners within the scope of the use of residential special maintenance funds;

(three) the realty service enterprise or the relevant owners organize the implementation of the use plan;

(four) the realty service enterprise or related industry shall preside over the relevant materials and apply to the competent department of construction (real estate) of the people's government of the municipality or county where it is located. The use of special maintenance funds for public housing shall apply to the department responsible for the management of special maintenance funds for public housing;

(5) After being examined and approved by the competent department of construction (real estate) of the people's government of the municipality directly under the Central Government or the department responsible for managing the special maintenance funds for public housing, it will issue a notice of transferring the special maintenance funds for housing to the special account management bank;

(six) the special account management bank will allocate the required residential special maintenance funds to the maintenance unit.

3. If the roof leaks due to household reasons, the maintenance responsibility shall be borne by itself.

The end—

This article is compiled from the Internet, and the content itself does not represent the official account view of WeChat, nor does it constitute investment advice. Copyright belongs to the original author. Please contact us in time if you have any other questions.

This article is compiled from the Internet, and the content itself does not represent the official account view of WeChat, nor does it constitute investment advice. Copyright belongs to the original author. Please contact us in time if you have any other questions.

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