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How to deal with complaints about property power outage maintenance
1. How to deal with disputes caused by property power failure?
1. Disputes caused by property power failure can be handled through negotiation and prosecution.
The property management company should take legal measures or ways to solve the problem when the owner does not pay the property service fee, but can't take measures to stop water and power. If the property management company cuts off water and electricity without authorization, causing losses to the owners, it will bear corresponding legal responsibilities.
Relevant legal provisions: Civil Code
Article 187
Payment method of compensation expenses After the damage occurs, the parties may negotiate the payment method of compensation expenses. If negotiation fails, the compensation fee shall be paid in one lump sum; If it is really difficult to pay in one lump sum, it can be paid by installments, but the infringed party has the right to request the corresponding guarantee.
2. The property management company has no right to cut off water and electricity without authorization.
Hydropower is a necessity for the owners of residential quarters. Even if there is a compulsory water and electricity cut-off agreement in the contract, the property management company can't ask the owner to pay various fees by means of compulsory water and electricity cut-off. If the owners fail to pay the fees, the property management company shall negotiate with the owners' committee to solve the problem, or bring a lawsuit to the people's court to demand the owners who are in arrears to pay the fees and liquidated damages.
The relationship between the owner and the property management company is based on the legal relationship of property management. According to the property service contract signed by both parties, the owner has the right to accept the services provided by the property management company and undertake the obligation to pay the property management fee. Property management companies have the right to collect property service fees from owners and promise to provide services agreed in the contract. Therefore, the owner should fulfill the obligation to pay the property service fee, and the property management company should fulfill the service obligation stipulated in the contract.
3. Property service refers to the maintenance, conservation and management of houses and their supporting facilities, equipment and related sites, as well as the activities of maintaining environmental sanitation and order in relevant areas. The content of property services shall be performed in accordance with the content of the service contract.
Property services generally include comprehensive management, maintenance and management of houses and public facilities, public order maintenance, cleaning services, greening management, decoration management services and parking management services. Therefore, even if the owner does not pay the utilities, the property management company has no right to cut off water and electricity. In the above situation, there is no right to cut off water and electricity.
Only when the power supply department entrusts the property management company to collect the water and electricity charges, the property management company can cut off the water and electricity for the owner when the owner defaults on the water and electricity charges. It is illegal for a property company to stop water and power without authorization at the instigation of the developer, and the damaged owner can investigate the tort liability of the property company.
Two, the property management company can take measures to stop water and power for the owners.
1. When the owner fails to pay the water and electricity charges and authorizes the property management company to collect and remit them, the water and electricity can be cut off.
2. In case of catastrophic accident, the property management company has the right to cut off water and electricity.
For example, in case of fire, the property has the right to cut off the power supply according to the specific situation; The owner's house is empty, the water pipe bursts, and the property can stop water supply.
3. The property has the right to stop the water supply and power outage according to the relevant administrative orders or the notice of the water supply and power supply department. For example, the power supply department should guarantee the power supply line, and when the power outage notice is issued to the public, the property can be blacked out within the specified time.
Under normal circumstances, the property management company has no right to cut off water and electricity, so the property may not cut off water and electricity due to disputes with the owners, otherwise the property may compensate the owners for losses. Of course, if it is a power outage caused by force majeure such as an earthquake, the property company generally does not need to bear the responsibility.
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