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Does the property have the right to stop water supply if it does not pay the water fee?
Property management companies that do not pay utilities have no right to cut off water and electricity. The property management 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 owners without authorization. The other side of the water supply and power supply contract for residential owners is the water supply company and the power supply company. Only under the following circumstances, the owner can not pay or underpay the property service fee:
(1) Except as stipulated in the property management service contract, the property management enterprise provides services by itself. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees.
(2) The owner may refuse to pay for the part exceeding the government guidance price.
(3) If the property management enterprise fails to perform the obligations stipulated in the property service contract, the owner may not pay or pay less the corresponding property service fee. Property management companies raise property service charges without authorization, and some owners who raise them without authorization may not pay them. If the property service contract stipulates that the service fee should be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee.
(4) If there is a overlord clause in the property, the owner can refuse to pay. For example, whether the previous property entered into a contract through consultation with the owner or entered into a contract by itself.
(5) The property fails to perform the contract, such as not cleaning the sewer regularly according to the contract requirements.
In the past, before the introduction of the national legal system, many property companies forced the parties to pay property fees by means of water and electricity cuts, but now the legal system explicitly prohibits such illegal acts. For the owners, unless they meet the statutory conditions, they can not pay the property fee. In the past, before the introduction of the national legal system, many property companies forced the parties to pay property fees by means of water and electricity cuts, but now the legal system explicitly prohibits such illegal acts. For the owners, unless they meet the statutory conditions, they can not pay the property fee.
Legal basis:
"People's Republic of China (PRC) property management regulations" Article 51 water supply, power supply, gas supply, heating, communications, cable television and other units shall bear the responsibility for the maintenance and conservation of relevant pipelines, facilities and equipment within the property management area according to law. If the units specified in the preceding paragraph temporarily occupy or dig roads and sites due to maintenance, they shall promptly restore the original state.
Article 944 of the Civil Code 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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