Who will bear the maintenance cost of roof leakage?

If there is any damage during the warranty period, the construction unit must bear the repair cost. The warranty period of general roof waterproofing is five years. Rain leakage for more than five years is generally borne by all owners, because the top floor rain leakage is generally caused by roof damage, which belongs to the public part, and the maintenance fund paid by the owners needs to be dispatched to pay the expenses.

According to the provisions of Article 3 of the Measures for the Administration of Special Maintenance Funds for Residential Buildings, the * * * part of residential buildings mentioned in these Measures refers to the part shared by the owners in a single house or the non-residential owners connected with the structure according to the laws, regulations and housing sales contracts, generally including: residential foundation, load-bearing walls, columns, beams, floors, roofs, outdoor walls, hallways, staircases and corridors.

Can I refuse to pay the property fee if the roof leaks?

The main reason of roof leakage is generally the construction quality problem of the construction unit. According to the Regulations on Quality Management of Construction Projects, during the warranty period, the employer shall bear the warranty responsibility. At this time, the responsibility of the property management company is only to help coordinate the relationship between owners and developers. After the warranty period expires, because the roof belongs to the * * * use part, the maintenance of the * * * use part is the responsibility of the property management company, and it is solved with public * * * maintenance funds. This provision is embodied in the property management regulations, and this agreement is included in the property service format contract signed by the owners' committee and the property management company. That is, if there is no other agreement in the contract, the property fee shall be paid.

Literally, it may be the same as most owners. If the roof leakage problem is not solved, the property fee can be refused, but this is not the case.

From the contractual nature, the property service contract belongs to a two-way contract, and the consideration obtained by the owner in paying the property fee includes greening and maintenance of the community, cleanliness and hygiene, order maintenance, safety precautions, daily operation and maintenance of facilities and equipment used by * *, maintenance and maintenance of parts used by * * and many other services. The source of the owner's contract defense right is also based on this. The consideration that the property company should pay for collecting property fees is to provide the above services for the owners. Owners often refuse to pay property fees to defend the poor maintenance of the parts used by the property company. However, the total consideration paid by the property company for obtaining the property fee is extremely rich, and the core maintenance is only one of the contents of the property service, while the contract defense right caused by the performance defect of the core is incomplete relative to the property service contract as a whole. Therefore, it is not feasible for the owner to refuse to pay the property fee just because the used parts are not well maintained.