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Whose responsibility is it that the balcony downspout leaks?
Legal analysis: The public sewer of balcony is a public facility. If it is still under warranty, the developer should be responsible for the maintenance. Developers should also compensate the owners for the losses caused by their homes. If the warranty period is exceeded, the facilities belonging to the citizens should be repaired by the property management company, and the corresponding losses can also be compensated by the property management company. Property companies can use special maintenance funds, which in itself belongs to all owners. Once the warranty period of some public facilities expires, all maintenance costs or replacement costs can be used for public parts including facilities and equipment. When carrying out specific maintenance, it is necessary to check the cause of water leakage. If it is caused by the drainage pipe, it should be blocked or replaced. If it is caused by decoration, the developer still has to bear the responsibility during the maintenance period. Because developers and property companies are actually integrated, it is necessary to ensure that the leak-proof equipment of the whole building can operate normally.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 598 The seller shall perform the obligation to deliver the subject matter to the buyer or deliver the documents for accepting the subject matter, and transfer the ownership of the subject matter.
Article 604 The risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, except as otherwise provided by law or agreed by the parties.
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