Job Recruitment Website - Property management - Is it legal to cut off water and electricity without paying property fees?
Is it legal to cut off water and electricity without paying property fees?
1, the property service provider shall not urge to pay the property fee by stopping power supply, water supply, heat supply and gas supply;
2. The property service contract is signed between the property company and the owner, and the water supply and power supply contract is signed between the owner and the power supply bureau and the water supply company, which are two parallel and independent legal relationships;
3. Property management companies only maintain water supply and power supply equipment, not suppliers of water and electricity. The providers of water and electricity are water supply companies and power supply bureaus. According to the relevant regulations, the water supply and power supply between the owner and the water supply company and power supply bureau is a contractual relationship. The water supply company or power supply company has the right to stop water supply and power supply only if the owner has a contract agreement and state regulations.
The main responsibilities of the property management company:
1. Property maintenance management: A property management enterprise shall carry out maintenance and technical management on the properties it manages according to the national property management standards, including house safety and quality management, house maintenance technical management, house maintenance and construction management;
2. Property equipment management: the property equipment to be managed mainly includes water supply and drainage equipment, gas equipment, heating equipment, ventilation equipment and electrical equipment;
3. Property environmental management: Property management companies have the obligation to manage the environment of residential quarters, so that it can meet the standards set by the state, including pollution prevention, environmental cleaning and environmental greening.
4. Property safety management: Property companies should take various measures to ensure the personal and property safety of owners and users of houses, manage public security in the community, manage fire safety in the community, and manage vehicles and personnel entering and leaving the community.
To sum up, the property company provides property services, and water supply and power supply is the responsibility of the water supply department. It is definitely wrong for property companies to take advantage of their work to take such actions. If water and electricity are directly cut off, the property management company is wrong, because as a property management company, it should take the principle of maintaining the harmony of the community, and can help the owners who are in arrears to do ideological work through the industry Committee and neighborhood Committee to achieve the purpose of recovering property fees. If the owner refuses to pay the property fee without justifiable reasons, the property company can defend its rights through litigation.
Legal basis:
Article 35 of the Regulations on Property Management
The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.
The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
Article 44
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.
The realty service enterprise shall not charge additional fees such as handling fees to the owners if it accepts the entrusted collection of money.
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