Can the top floor leak without paying the property fee?

The roof leaks, so you can't refuse to pay the property fee on this ground. If it is the roof leakage caused by quality problems, and during the warranty period, you can contact the developer and ask the developer to be responsible for maintenance. If there are potential safety hazards in the property, which endanger the public interests and the legitimate rights and interests of others, the responsible person shall timely repair and maintain it, and the relevant owners shall cooperate. If the responsible person fails to perform the maintenance obligation, it can be maintained by the property service enterprise with the consent of the owners' meeting, and the expenses shall be borne by the responsible person. The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Public buildings and facilities planned and constructed within the property management area shall not be changed. If the owner really needs to change the use of public buildings and facilities according to law, he shall inform the service enterprise after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law. Owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners. Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee. Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.

Legal basis: Article 64 of the Regulations on Property Management.

In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.