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Does the property management company have the right to cut off water and electricity and not pay property fees?
Legal analysis: the owner and the property management company are equal civil subjects, and both parties should perform their due obligations according to the contract. Any party who violates it will bear the corresponding liability for breach of contract. If the owner fails to pay the property fee in time, he shall bear legal responsibility. Property companies have the right to require owners to pay property fees and bear certain liquidated damages. However, in the case that the owner does not pay the property fee, the property company has no right to take measures to cut off water and electricity. The owner signs a contract with the water supply and power supply company and pays the corresponding fees to the water supply and power supply company, which shall supply water and power. The property company is not a party to the water supply and power supply contract and has no right to interrupt the water supply and power supply to the owner without authorization. On the other hand, the parties to the water supply and power supply contract are the owner and the water supply and power supply company, and the parties to the management contract are the owner and the property management company, which are different legal relationships. The right to stop water and power supply is an important defense right for water supply and power supply enterprises to perform contracts. The property management company is not a water supply and power supply company in the community, so it naturally does not enjoy the right of water supply and power supply.
Legal basis: Article 44 of the Regulations on Property Management. Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.
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