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Is the property qualified to pull electricity?
First, the new provisions of the Civil Code on property fees.
The new provisions on property fees in the Civil Code are as follows:
1. The owner shall pay the property fee to the property service provider as agreed;
2. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable time limit. If the payment is not made after the expiration of a reasonable period, the property service provider may bring a lawsuit or apply for arbitration;
3. Property service providers shall not stop power supply, water supply, heat supply and gas supply to urge the payment of property fees.
1. Property fee payment rules are as follows:
1. As long as the property management company provides property services to the community owners in accordance with relevant agreements or regulations, the owners cannot refuse to pay property fees on the grounds of going out for a long time, not accepting property services or not needing to accept property services;
2. If the owners of the residential area fail to pay the property fees on schedule, the property management company shall demand payment first. If the reminder is invalid, you can claim the property fee through judicial channels such as filing a lawsuit and applying for arbitration, but you can't urge the household owners to pay the property fee by stopping power supply, water supply, heating and gas supply.
Two, the property fee includes the following expenses:
1, greening management fee;
2. Security costs;
3. Cleaning and sanitation costs;
4. Depreciation rate of fixed assets of property management enterprises;
5. Office expenses, daily operation and maintenance expenses of public facilities and equipment;
6. Employees' salaries, welfare expenses and statutory taxes and fees.
To sum up, the new civil code of the bank has made clear provisions on property, which has solved many disputes between owners and property in the past and protected the legitimate rights and interests of owners. Property fees also have corresponding regulations. If there is a dispute between the property and the owner, mediation can be conducted first. If mediation fails, you can sue.
Second, if the owner refuses to pay the property fee, does the property company have the right to cut off power and water?
If the owner refuses to pay the property fee, the property management company has no right to stop the owner's water and electricity.
Because water and electricity are provided by the power supply bureau, not by the property, the property only provides property services and has no right to cut off water and electricity. If the owner does not pay the property fee, the property can reflect to the neighborhood Committee and the industry Committee and ask them to help pay the fee.
Third, what is the impact of not paying property fees?
The impact of not paying property fees is as follows:
Violation of the property service contract, overdue payment or refusal to pay the property service fee without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court. If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable time after written dunning, the people's court shall support the property service enterprise to ask the owner to pay the property fee.
The property service enterprise has provided services in accordance with the contract and relevant regulations, and the people's court does not support the owners who have not enjoyed or accepted the relevant property services. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management enterprise and bear all the adverse consequences of losing the case.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 944 of General Principles of Civil Law of People's Republic of China (PRC), the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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