Property case analysis and summary

Answer 1: The seepage on the top floor belongs to the roof and belongs to the public area. I moved in in August 2007, and the completion time was June, which was less than 5 years in August 2009. According to the relevant regulations of national house decoration, the warranty period of waterproof project is at least 5 years, so this should be maintained by the developer. If the developer has been cancelled, it shall apply for special housing maintenance funds. That is, if the requirements of 20 owners are unreasonable, B Property Company should pay the repair fee.

Answer 2: Property management company B's practice is improper, and its roof leaks during the warranty period, which should be a project quality problem, and has nothing to do with Party A. As the second property management company, it should actively assist the owners and take two steps. Action 1: report the situation to the development and construction unit, explain the reasons and relevant laws and regulations, and ask for a limited reply in processing time. Action 2: some areas of the roof are leaking water, which is not expensive. Protect the seepage area of the roof first to prevent the loss caused by seepage from expanding. If the developer can't handle it in time, negotiate with the developer, the property company will handle it on his behalf, and the developer will pay. If the developer does not pay the money, he will report it to the Housing and Construction Bureau, and these 20 owners will take the words as evidence and apply to the Housing and Construction Bureau for special housing maintenance funds.

Answer 3: The termination time of the property service contract in the early stage of the building is when the property service contract signed by the owners' committee and the second property company comes into effect, that is, at 0: 00 on June 1 2009.

Answer 4: The reason why the property management company refuses to hand over is not valid. Refer to Fujian property management regulations

Article 39 If the realty service contract expires and the realty service contract is not renewed or terminated, the original realty management enterprise shall withdraw from the realty management area within 10 days from the date of termination of the contract, and hand over the relevant materials needed for realty management, the realty management house, the prepaid realty service fee and its revenue and expenditure accounts, and other materials that must be handed over to the owners' committee or the newly-selected realty management enterprise.

When the realty service contract is terminated, the owners' committee and the original realty management enterprise shall set up a handover team to handle the handover of relevant creditor's rights and debts and realty management information. The original property management enterprise shall not refuse to transfer or withdraw on the grounds that the creditor's rights and debts are not settled.

Sixty-third in violation of the provisions of Article 39 of these regulations, the property service contract is terminated, and the original property management enterprise refuses to withdraw from the property management area, and the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit; Those who refuse to make corrections shall be fined 1 10,000 yuan but not more than 50,000 yuan.

Answer 5: If Property Company A refuses to hand over relevant materials, facilities and equipment, Property Company B and the owners' committee shall report to the competent department of the Ministry of Housing and Urban-Rural Development, and organize personnel to test and take photos to collect evidence, and if necessary, contact the personnel of public security organs to collect evidence at the scene. And once again reflect the evidence collection situation to the relevant departments of the Housing and Construction Bureau and request relevant measures.

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