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Who should pay for the maintenance of the leaking roof of the building?
According to the Property Law of People's Republic of China (PRC):
Article 72
Owners shall enjoy rights and undertake obligations for the public parts other than the exclusive parts of the building; You may not fail to perform your obligations on the grounds of giving up your rights. The roof of the residential area is the public part of the building owner. There is no property management in the community, and there is no special maintenance fund for houses. Residents should be maintained by community organizations in a unified way at the same cost.
Article 70
Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.
Article 71
Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.
Extended data:
According to the Measures for the Management of Maintenance Funds for Facilities and Equipment in Residential Areas:
essay
The term * * * used parts as mentioned in these Measures refers to the main load-bearing structural parts of the house (including foundation, internal and external load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, hallways, stairwells, corridors, etc. * * * Facilities and equipment refer to residential quarters or single houses.
The construction cost has been allocated to sewer pipes, downpipes, water tanks, booster pumps, elevators, antennas, power supply lines, lighting, boilers, heating lines, gas lines, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools, wells, non-operating parking garages, public sports facilities and facilities and equipment used by houses.
Article 4
Commercial housing and public housing for sale shall establish a maintenance fund for residential parts and facilities (hereinafter referred to as the "maintenance fund"). The use of the maintenance fund shall comply with the Financial Management Regulations of Property Management Enterprises (No.7 of the Ministry of Finance [1998]) and be used exclusively for the overhaul, renewal and transformation of residential parts and facilities after the expiration of the warranty period.
Article 5
Commercial housing in the sale, the property buyers and selling units should sign the relevant maintenance fund payment agreement. Property buyers should pay the maintenance fund to the selling unit according to the proportion of 2%-3% of the purchase price. The maintenance fund collected by the selling unit belongs to all owners and is not included in the residential sales income. The collection ratio of maintenance funds shall be determined by the real estate administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Baidu Encyclopedia-People's Republic of China (PRC) Property Law
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