Treatment of water leakage in owner's house by property

If the owner's house leaks, then the property needs to actively cooperate with the owner's house leakage problem. On the basis of investigation and analysis, it should be handled according to different situations.

The investigation and analysis mainly include: whether the leaking part is a public part or a proprietary part, whether the leaking reason is the quality of the house, natural wear and tear, man-made reasons or force majeure reasons, the maintenance plan and the foreseeable cost scale.

1. First of all, distinguish between the public part and the exclusive part of the owner's neighborhood, that is, who is responsible.

If the owner's exclusive parts are adjacent to each other, resulting in water leakage upstairs and downstairs, the most common thing is that the waterproof works of the upstairs decoration (including the decoration of the adjacent owners) are not handled properly, resulting in damage to the downstairs (next door) owner's house. What the property should do is, after making a correct determination, suggest that the owners negotiate to solve the problem. In case of emergency, both parties agree to help stop water leakage first (if one party disagrees, it will be exempted, and the reasonable expenses will be agreed first). After that, mediation can be conducted by mutual consent. If the property mediation is not accepted for any reason, it is suggested that the damaged owner should solve it through legal procedures according to law, and at the same time show the attitude of the property: the property is not the subject of tort liability or maintenance responsibility. The owner of either party should not refuse to pay the property fee on this ground. The property can provide necessary proof materials for the damaged owners.

2. If the public part leaks water, then distinguish whether it is within the warranty period of the development and construction unit.

(1) If it is within the warranty period, make it clear to the owner that the main body responsible for maintenance (including compensation) should be the developer, based on the housing warranty. The property can be reflected to the developer in written form, requiring him to fulfill the responsibility of maintenance and compensation (the content and amount of compensation shall be subject to the owner's "certificate"), and pay attention to keeping the service voucher that reflects the situation to the developer. At the same time, the owners can claim their rights from the developers themselves. In case of emergency, the property should stop the expansion of losses caused by water leakage in time, and pay attention to the preservation of evidence for the expenses incurred so as to claim compensation from the developer in the future. There are three ways to deal with the property: one is to report to the developer and ask for maintenance; Second, stop it in time to prevent the loss from expanding, and keep the evidence of the expenses incurred. The third is to explain the subject of responsibility and the object of claim to the owner. Note: Keep evidence of the above behavior.

(2) If the warranty period exceeds, I make it clear to the owner that the maintenance of public parts shall be undertaken by all owners (using maintenance funds) (if there is no maintenance funds, it shall be funded by all owners); The second is to report the situation to the owners' committee in writing (to the community without the owners' committee) and ask the organization to use the maintenance funds. The property can provide a maintenance plan and introduce the procedures for the use of maintenance funds.

3. Property management companies must achieve "trace management" when dealing with the above matters, and keep evidence. The key difference between "facts" in law and "matters" in our daily understanding is that legal facts not only refer to facts that exist objectively, but also must be proved, while daily facts only refer to "objective existence". Trace management of property companies includes:

(1) Work record of timely investigation, analysis and treatment by the owner after the water leakage report (please sign the owner for confirmation);

(2) To report the situation to the development and construction unit and request written communication on quality assurance and maintenance;

(3) Work records and expense records of emergency maintenance (material costs, spare parts costs, labor costs, etc.). );

(four) to provide interested owners, owners' committees or communities with instructions on the application for the use of maintenance funds and maintenance plans;

(five) the evidence of written notice shall be delivered to all the people who are responsible for maintenance or compensation.

legal ground

Regulations of People's Republic of China (PRC) Municipality on Property Management

Article 6

The owner of the house is the owner. Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise; __

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress; (four) to participate in the owners' meeting and exercise the right to vote; _

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract; __

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds); _

_ (10) Other rights stipulated by laws and regulations.

Article 46

The realty service enterprise shall assist in the safety work within the realty management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. _ _ The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.