The top floor leaked water and refused to pay the property fee.

The possibility of winning by refusing to pay the property fee due to water leakage on the top floor is as follows:

1. If the roof leaks during the warranty period, the owner may ask the developer to be responsible for the maintenance; If the developer fails to fulfill his responsibilities, the owner can pursue his responsibilities through legal channels.

2, beyond the warranty period, the roof as a part of * * *, the property management company is responsible for its maintenance, from the public * * * maintenance funds; If the property management company fails to perform the maintenance responsibility, the owner has the right to complain to the relevant departments or resort to the court.

3. The owner refuses to pay the property fee on the grounds that the parts used by * * * are not well maintained, which is usually untenable in jurisprudence; If the owner does not pay the property fee, he may be at a disadvantage.

4. The owners can ask the owners' committee to dismiss the property company for failing to perform its duties, or they can directly bring a lawsuit to the court to ask the property company to perform its maintenance obligations.

Solutions to property disputes:

1. negotiated settlement: the owner and the property management party seek a solution to the problem through direct communication and consultation;

2. The involvement of the owners' committee: As a bridge between the owners and the property management, the owners' committee assists both parties in communication and consultation;

3. Complaints from consumer associations: car owners can complain to local consumer associations and seek protection of consumers' rights and interests;

4. Arbitration by arbitration institution: according to the agreement in the property service contract, select an arbitration institution for arbitration;

5. Mediation by administrative organs: complain to the housing construction department or other relevant administrative organs and request mediation by administrative organs;

6. Court Litigation: When the problem cannot be solved by other means, the owner can bring a lawsuit to the court to safeguard his rights and interests according to law.

To sum up, if the top floor leaks during the warranty period, the owner can ask the developer to repair it or pursue the responsibility through legal means; The property company is responsible for the warranty period, and the expenses are paid by public maintenance funds. There is usually no basis for owners to refuse to pay property fees, but they can force property companies to perform maintenance responsibilities and safeguard their own rights and interests through owners' committees or legal channels.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 942

Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners. Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.

People's Republic of China (PRC) Civil Code

Article 943

Property service providers shall regularly disclose service matters, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds and the operation and income of some owners in a reasonable way, and report to the owners' meeting and owners' committee.