About this problem, someone says to seek property, no matter property lets seek real estate; Real estate says to had handed over property, still must seek property. Landed, property is mutual kick a ball, how is owner places an inter not to know good, can hand in property cost to undertake with refus only " breathed " counteractive.
So, when problem of building occurrence quality when, who should owner look for to solve a problem after all? Today, will talk about those things that the building maintains.
One, " two books " very important
While estate development company is reaching a floor commonly, meet consign owner " residential guarantee of quality " and " residential operation instruction handbook " .
Former department estate develops an enterprise to assume the legal file of quality responsibility to house of commodity of place carry out, the quality order and degree that holds clear project quality to monitor unit nucleus produce the expected result, guarantee limits, guarantee period and guarantee the unit. And latter is estate develops an enterprise to tell owner how safe, reasonable, convenient the legal file of residence of use place carry out. General meeting holds bright building plane establishment of layout, structure, accessory equipment, form a complete set, detailed structure pursues (make clear bearing structural position) and cannot have, attaint, move the residence of outfit is shared place, common equipment and residence are used set and prohibit behavior.
Quality problem appears to who look for to solve after commodity house consign is used, afore-mentioned two books solve the important basis of the problem namely.
Be in since the day that receives a building from owner guarantee the building quality problem inside deadline, outside because owner do sth without authorization tears open the quality problem that corrects a building to written guarantee construction is become,be being divided, can ask estate develops an enterprise to assume a building to maintain responsibility. But develop an enterprise to be after commodity house work off sometimes, entrust property management unit to maintain, should be in " residential guarantee of quality " mention expressly entrust an unit, right now, owner also can ask property company will assume maintenance responsibility.
2, building maintenance limits and guarantee deadline
Below normal use condition, the lowest of housing project guarantees deadline is specific as follows:
1, foundation foundation project and project of main body construction, to design the reasonable use fixed number of year of this project that the file sets;
2, the waterproof project, toilet that has waterproof demand, room mixes roofing outside of metope prevent leakage, for 5 years;
3, heat addition and supply cold system, for 2 heating period, offer cold period;
4, electric cop, to catchment conduit, equipment installation is 2 years;
5, decorate a project to be 2 years.
Afore-mentioned buildings guarantee a calculates time to all be building consign day of deadline case, accordingly, when the issue of quality of construction of commodity house existence that owner buys in discovery, maintain responsibility in time to development company position without fail, because owner oneself idle is caused at exercise right,guarantee more than of deadline, will cannot get law supports.
3, guarantee more than the building quality of deadline maintains a problem
Guarantee more than the building of deadline needs to maintain, want to be judged according to the property right property of this building. If happen in individual owner home, belong owner have a share only, owner can invite maintenance technician by oneself or requirement property company offers service of engage by special arrangement to undertake maintaining to its, of course charge is assumed by owner proper motion; If happen in the mutual part of the building, yi Ke asks property company undertakes maintaining to its, charge should press the right that has severally to belong to portion to be assumed jointly by associated owner. If mutual share is common perhaps establishment, equipment is need overhaul, medium repair, newer, those who transform, classics owner congress is passed lawfully, can start property to maintain special fund to undertake.
4, building maintenance and the relation that property serves expense
Mentioned in the begin of the article because building quality problem is couldn't get,have owner solve and the case that refus makes property serve cost, so final, we come specific explanation whether do afore-mentioned practices have legal basis.
Basis " property service collects fees administrative measure " relevant provision, of property service charge make the gain that includes property to serve cost of cost, legal duty and property management company. And property service cost includes normally the following 9 content:
1, the pay that governs service personnel, society is sure and wait by the welfare funds that sets extraction;
2, property is common place, common of facilities facilities move daily, uphold charge;
3, charge of sanitation of cleanness of property management section;
4, upkeep costs of flowers of property management section;
5, order of property management section upholds charge;
6, office fare;
7, depreciation of fixed assets of property management company;
8, property is common place, common facilities facilities and public liability insurance premium are used;
9, the other charge that agrees via owner.
Visible, property serves the property that the enterprise offers to serve not to include a building to maintain a service. Of course, owner can serve an enterprise to sign engage by special arrangement to maintain service contract with property, the agreement offers a building to guarantee more than by property company period maintenance serves, owner pays upkeep costs.
On put together, when residential building produces quality problem, owner should examine a hand above all medium " residential guarantee of quality " and " residential operation instruction handbook " , decide this building is in guarantee inside deadline, and nonexistent " residential operation instruction handbook " in below the case that formulary estate develops an enterprise not to assume maintenance responsibility, to estate development company or property run a company (bright show those who commend property company) view right.
Avoid by all means hands in property to serve charge to convey pair of unsatisfactory that develop enterprise nonfeasance with refus. Because of the basis " property regulation " the 67th regulation, right after be being accused via urging still exceed the time limit does not hand in property to serve cost, property serves an enterprise to be able to be sued to people court.
Sweet clew is broad owner, not want to manage building maintenance and property confuse sth with sth else. Once owner ill will does not hand in property to the service is expended and be brought about,be appealed to, the result that lose a lawsuit is certain almost. Hope the article can be the owner that has afore-mentioned worries people, provide a few direction that solve a problem and means.
