Enshi property dispute jurisdiction

It is necessary to clarify the ownership of transformers, and the ownership of assets determines the authority. It is suggested that the questioner first make clear whether the transformer belongs to special transformer or public transformer. The public transformer was commissioned by the developer at that time, and the subsequent management and maintenance was also undertaken by the power company. The special transformer is set by the property management company entrusted by the owner as a public facility, and the subsequent management and maintenance is the responsibility of the property management company.

Legal analysis

All fixed assets belonging to the residential area belong to all residents of the residential area, including power transformers in the residential area.

The ownership of assets determines the authority, and residents in residential areas have the right to use transformers and pay the corresponding electricity bills. Generally speaking, if the owner's electricity fee is charged directly by the power company, it belongs to the public transformer. If it is collected by a property management company, it is a private change. It is suggested that the questioner first make clear whether the transformer belongs to private transformer or public transformer. The public transformer was built by the power company entrusted by the developer at that time, and the subsequent management and maintenance were also undertaken by the power company. The special transformer is set by the property management company entrusted by the owner as a public facility, and the subsequent management and maintenance is the responsibility of the property management company.

If the property company is unable to pay the maintenance fee because the householder defaults on the electricity bill, the property company can claim to fulfill the right of defense. If the property company has paid the maintenance fee in advance, the householder shall perform the corresponding obligations in accordance with the property management contract. According to the relevant judicial interpretation, the owner cannot pretend not to enjoy the relevant property services, refuse to pay the property service fee and refuse to repair the transformer.

legal ground

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Property Services Article 6 If a property service enterprise has provided services in accordance with the contract and relevant provisions, and the owner only takes the failure to enjoy or need to accept relevant property services as the defense reason, the people's court will not support it.

Article 7 of the Civil Law of People's Republic of China (PRC) shall abide by the principle of honesty and credit when engaging in civil activities.

Article 281 of the Civil Code of People's Republic of China (PRC) * * * The maintenance fund of the building and its ancillary facilities shall be owned by the owner * * *. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly. In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law.