Mr. Miyagi lives in the hinh home district of gandhi district. Since 2023, the wall blocks outside the 45th building in which he lives have begun to fall and become more intense. To this day, the walls of the outer wall are covered with “scarces” and not only are the walls that are not protected by the walls flooded by rain, but also the walls and floors of mr. Miyagi's bedrooms are strained. Mr. Miyagi stated that the property had previously applied for the use of special maintenance funds for the repair of the external wall, but that the following had not been done because the vote of the owner had not been passed. In response, counsel states that the fall of the wall outside the residential building has an impact on public safety and that property can apply for emergency use of maintenance funds without a vote by the owner。
Bricks falling off the outside wall of the residential building
Mr. Miyagi is a resident of building 45, located on one or three floors of an outer wall in the hinhong quarter of the ganai district, but since 2023 he has discovered that these bricks have fallen. “when the wind rains, it often hears the sound of cracking out of the window, and when it comes down the stairs it can see the debris of the wall falling on the floor, and a piece is empty on the outside.” to this day, the walls of the outer wall are covered with “scarces” and the wall bricks fall behind and the grey and white wall is of varying sizes and very ugly。
At the same time, because the outside side of the wall in one of mr. Miyagi's bedrooms coincided with the fall of the wall's bricks, the naked outside wall had lost its protection and there was a problem of water infiltration in the rain and snow. Since the end of june this year, the area of dalian has been subjected to successive heavy rainfall weather conditions, which have exacerbated the tide of the wall inside the affected bedroom and the floor adjacent to the wall. “attempted to seal the gap in the windows on the fading wall, but the effect was not obvious, mainly because the fall of the bricks on the outer wall caused damage to the floor of the interior wall.” mr. Miyagi said。
Property application for maintenance funds, none after voting
Mr. Miyagi stated that when the wall bricks were found to have fallen in 2023, he quickly found the property, which indicated that the restoration of the outer wall of the residential building would require the application for funds for specialized repairs and the organization of a vote by the owner of building 45, the plan for the restoration of the outer wall had since ended without the following: “i signed the agreement, but only one or three floors of the outer wall of building 45 had bricks, and more than three floors had no bricks, probably the number of owners who had finally agreed had not met the legal criteria.” mr. Miyagi said。
As the problem of falling bricks became more serious, mr. Miyagi repeatedly briefed the property, but in his impression the property no longer organized a vote for the owner of the entire building. “can a single vote represent a permanent result? Has the property fulfilled its corresponding obligations?” mr. Miyagi questioned this。
On 4 july, journalists made a telephone call to the property complex in the hin hin home, indicating the identity of the journalist and the requirements for the interview, and property staff indicated that they would record the interview requests and report back to the relevant officials. At the time of writing, journalists had not received a positive response from the property sector。
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Emergency maintenance projects typically include 7 scenarios
According to article 24 of the act on the management of funds for the special maintenance of urban housing in dalian city, emergency maintenance projects typically include the following seven situations: (i) facade, exterior wall, and water damage. (ii) elevator failure endangers personal safety and is determined by specialized technical agencies to require maintenance. (iii) damage to firefighting facilities. (iv) the public protective fence is seriously damaged, endangering the safety of persons and property. (v) there is a risk that the outer surface of the building will fall off. (vi) shared drainage facilities cause functional impairments such as collapse, congestion and bursting, endangering the safety of persons and property. (vii) other matters relating to public safety or seriously affecting the normal life of the owner。
Counsel
Use of maintenance funds for emergency maintenance projects without a vote by the owner
In response, counsel wang jinhai, an advanced individual in national legal aid, from yingko (dalian) law office in beijing, stated that, as a rule, funds for the collection and use of maintenance of buildings and their ancillary facilities should be agreed upon by the owner of a proprietary component representing more than two thirds of the total building area and more than two thirds of the total, except in the case of emergency maintenance projects. In accordance with article 24 of the act on the management of funds for the special maintenance of urban housing in the city of dalian, emergency situations that endanger the safety of houses and seriously affect the lives of the inhabitants should be immediately repaired and upgraded, as an emergency maintenance project, in the areas where houses are shared and facilities are shared. In the case of emergency maintenance projects, there is a risk of defusing the outer surface of the building。
Wang jinhai stated that there was a risk that the exterior wall of the residential building would fall off and, if not repaired in a timely manner, could create a public safety risk. As a result, property can submit security risk reports to the residential sector and apply for emergency use of maintenance funds. While in such cases no vote by the owner is required, the property should inform the owner about the maintenance funds being used for emergency maintenance and should take photographs, videos and records of damage as a basis for emergency maintenance。
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