Does the property company have the right to cut off water and electricity for the owners?

Property companies have no right to take measures to cut off water and electricity.

1 According to Article 45 of the Property Management Regulations, water supply, power supply, gas supply, heat supply, communication, cable TV and other units within the property management area shall charge relevant fees to the end users.

If 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, the water supply and power supply company 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.

2. On the other hand, the parties to a water supply and power supply contract are the owner and the water supply and power supply company; The parties to a property management contract are the owner and the property management company, which have different legal relations. 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.

3. In the property management contract, it is stipulated that the property management company can take water and electricity cuts as a means of punishment when the owner owes money. In contract law, it belongs to other contract terms. According to the law, such terms should be agreed by creditors. Otherwise, it is an invalid clause, and the owner may require the property management company to bear the liability for tort damages.

Extended data

Article 7 of the Property Management Regulations:

Owners shall perform the following obligations in property management activities:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) in accordance with the relevant provisions of the state to pay special maintenance funds;

(four) to pay the property service fee on time;

Baidu Encyclopedia-Property Management Regulations