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What should I do if the leaking property in public areas is not maintained?
1. You can sue the property for maintenance, or you can claim property compensation and liquidated damages after self-maintenance. Because in the property contract, the property is responsible for the management and maintenance of public areas and public facilities, and the property is responsible for the daily management and maintenance of houses, supporting facilities and facilities. If the property fails to maintain the public area, the service is unqualified.
2. Legal basis: Article 937th of the Civil Code of People's Republic of China (PRC).
A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee. Property service providers include property service enterprises and other managers.
Article nine hundred and thirty-eight
The contents of the realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms. The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract. The realty service contract shall be in written form.
Second, must the property maintenance fund be paid?
When buying a house, you must pay the maintenance fund. After the warranty period expires, it can only be used when repairing or updating the public parts and facilities of the property. The specific owners shall share the cost proportion according to the determination standard of voting rights.
When the maintenance funds are idle, it is forbidden to use them for other purposes except purchasing government bonds or risk-free financial management. Payment of funds: when the buyer purchases the house from the developer and handles the property right transfer, the proportion of maintenance funds shall be paid to the real estate administrative department of the city where the house is located according to the standard of 2% to 3% of the total house price or RMB 100 per square meter to 200 yuan.
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