If the water leakage is caused by abnormal use reasons such as decoration or improper use, then the household can be required to maintain and compensate for the losses. If the leakage is caused after the warranty period, and it is not man-made damage, it should be borne by the owners of the whole building. Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts. According to the basic rules of condominium ownership, the roof space of a building should be owned by all condominium owners. Therefore, the maintenance of public parts such as roof leakage is shared by the residents of the whole building. If the water leakage is caused by abnormal use reasons such as improper decoration or use by residents, then the residents can be required to maintain and compensate for the losses; After the warranty period, leakage caused by non-man-made damage shall be borne by the owners of the whole building. If the community has collected the maintenance fund, it will be paid from the fund.
Roof leakage has the right to ask the owners of the whole building to share the maintenance costs or use public maintenance funds for maintenance, without having to bear it alone.
1, on the one hand, the roof belongs to the owner of the whole building. Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts. Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings further clarifies that, in addition to the * * part stipulated by laws and administrative regulations, the following parts within the scope of building division should also be recognized as the * * part referred to in Chapter VI of the Property Law: (1) Basic structural parts such as the foundation, load-bearing structure, external walls and roofs of buildings and public parts such as passages, stairs and foyers. Auxiliary facilities, fire fighting and public lighting equipment, refuge floor, equipment floor or computer room and other structural parts correspond to it. The roof involved in this case covers the whole building, which is related to the interests of the owners of the whole building. This determines that although it does not belong to an owner's room, the owners downstairs rarely set foot in it. It is only directly related to your life, but it belongs to the owner's "exclusive part"
On the other hand, the owner of the whole building must bear the maintenance cost of the roof. The owner of the whole building has the right to possess, use, dispose of and benefit from the roof, and must bear corresponding obligations at the same time. The first paragraph of Article 72 of the Property Law stipulates that the owner shall enjoy rights and undertake obligations for the part other than the exclusive part of the building. Never give up your rights or fulfill your obligations. Combined with this case, the core obligation of the whole building owner to the roof is undoubtedly maintenance. The contents of the maintenance naturally include that when the roof leaks, * * * will return to the state where it can function normally, and any owner shall not shirk it for various reasons such as unnecessary use. Based on the equal sharing of the roof by the owners of the whole building, the maintenance costs should naturally be shared equally by everyone.
3. Third, public maintenance funds can be used for maintenance.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 272
Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.
People's Republic of China (PRC) Civil Code
Article 273
The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; You may not fail to perform your obligations on the grounds of giving up your rights.
When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.