Do the top floor residents need to share the maintenance costs with the owners of the whole building if they leak rain?

When the rainy season comes, the owner is very worried about living in a house that has been in disrepair for a long time and the top floor is leaking. According to the relevant regulations of the property, the roof leaks rain, so the owners of the whole building need to share the maintenance costs.

A residential district in yingze district, Taiyuan City was built in the late 1980s. One of the residential buildings has 6 floors, with 2-3 households on each floor, totaling 17 households. Due to the disrepair of the building, the roof was damaged. Every rainy season, the top floor residents will have different degrees of water leakage. In recent years, the owner of the top floor of a unit in this building has repeatedly asked the unit property department for maintenance.

Last month, with the efforts of the staff of the property department, the maintenance work began. But when it comes to public maintenance, the property management department will post a notice at the door of each unit of this building that "public maintenance will be started in the near future, and the maintenance cost needs to be shared". During the publicity period, the Property Division did not receive any objections from residents. Subsequently, the property management department paid the maintenance fee, and then asked the unit 17 households to share the cost. But in the end, only 8 households paid the fee, and the other 9 owners thought that the roof maintenance had nothing to do with them and refused to pay the fee. In desperation, the staff of the property department complained to the unit about the remaining households.

Residents in this residential area think that the roof of this unit is not the exclusive part of three owners on the 6th floor, but the * * * part of all 17 owners of this unit. According to relevant laws and regulations, the owner has the right to jointly manage the * * * part except the proprietary part; The owner shall enjoy rights and undertake obligations for the part other than the exclusive part of the building, and shall not give up his rights if he fails to perform his obligations. Therefore, the cost of roof maintenance should be shared equally by the owners of the whole building.

Finally, through the mediation of the relevant departments of the unit, the nine owners of the unit finally realized that these maintenance costs should be shared equally and handed over to the property department one after another.