Ms. Liu, the owner of Yuzhulou Community, Qindu District, Xianyang City, asked for help from Huashang Daily-Ersanli Information, saying that her home was flooded due to the aging and rupture of the public water pipe in the unit building, and she did not reach an agreement on the issue of maintenance compensation and the property several times through negotiation.
Client: The water in the building was cut off due to a ruptured water pipe in the home
On the afternoon of July 19, a reporter from Huashang Daily came to the Yuzhulou community located on Yuquan West Road, Qindu District. The reporter found at the scene that the community is in the renovation project of the old community, and the construction site signs can also be seen along the road, the internal roads are potholes, and the road surface is slippery and muddy due to weather conditions.
It is reported that the Yuzhulou community was built in 2000, and the age of the house is generally 24 years, which is a typical old community. In 2017, Ms. Liu bought a second-hand house here and rented it out after the transfer. Ms. Liu told reporters.
"On the morning of July 17, the tenant suddenly contacted me and said that there was a lot of water on the kitchen floor, and after the property closed the sluice, he came to inspect and found that the main water pipe from the underground to the upstairs of my house was broken." Ms Lau said that when she learned about the situation, she asked the property to carry out repairs, but the property said that the plumbing in the house should be repaired by the owner personally.
"Because the main water pipeline on the first floor was broken, the whole building could not use water normally, so I had no choice but to pay 400 yuan for the maintenance of the property first." However, Ms. Liu was still unacceptable to the 400 yuan maintenance fee she bore, "The main water pipe belongs to the common pipe of the building, and it is buried in the ground, and the rupture is not damaged by human causes, so why should I be fully responsible?" Ms. Liu said.
Property: The owner is responsible for repairing the broken water main in the house
Subsequently, a reporter from Huashang Daily came to Ms. Liu's house and saw that the pipe at the leak had been repaired and the wall tiles had been re-laid.
A staff member of the Yuzhulou Property Office of Xianyang Hengxin Property Management Co., Ltd. said that the construction of the community was earlier, and most of the water pipes used were iron pipes, which could not be avoided by rust and aging.
"Because the overall replacement of the pipeline maintenance cost is as high as 3,000 yuan, Ms. Liu only paid 400 yuan, and the property is responsible for the remaining amount." As for the follow-up treatment of Ms. Liu's water pipe rupture and leakage, the property owner said that it had also made the greatest concessions.
During the interview, the staff of the Yulou community of Gudu Street, Qindu District, said that the pipeline is a shared water supply pipeline on the 1st to 6th floors of the whole building, due to serious aging, it was also repaired by each family after being damaged before, due to the peak of water consumption in summer, the water outage for many days seriously affected the lives of residents, and the community organized the owner Ms. Liu to negotiate with the property owner, and finally shared 2,600 yuan with the property, and the owner shared 400 yuan to pay the maintenance fee, and the water supply has been restored.
Lawyer: The main pipes shared by the building are damaged due to aging, and the property should be responsible for the water leakage
Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer, believes that Article 35 of the Property Management Regulations clearly stipulates that property service enterprises shall provide corresponding services in accordance with the provisions of the property service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law. Therefore, the property is responsible for the maintenance, management and repair of water pipes in the common areas.
In this case, although the leakage point was located in Ms. Liu's home, the ruptured water pipe belonged to the common main pipe of the building, and the cause of the rupture was not man-made damage, but due to the aging of the pipe, which was a natural wear and tear beyond the control of the owner, so Ms. Liu was not at fault. If the property fails to fulfill the obligation of timely maintenance and causes losses to the owner, it shall be directly liable.
Zhao Liangshan said that in short, it is obviously unfair for the owner to ask Ms. Liu to bear the responsibility alone, and in this context, Ms. Liu can consider negotiating with the property to properly handle the cost bearing matters.
Zhao Liangshan appealed that the old community has its own particularity, if there are general problems with the public pipelines in the old community, involving overhaul, in the context of the overhaul fund in the community, the community can use the overhaul fund to overhaul to ensure the safety of the owner's property.
Huashang Daily reporter Wang Bin Editor Guo Cheng Intern Fu Panpan