Does the property have the right to stop water supply?

Property has no right to stop water supply.

The parties to a water supply contract are the owner and the water supply company; The parties to a property management contract are the owner and the property management company, which have different legal relationships. The right to stop water supply is an important defense right for the water supply company to perform the contract, and the property management company is not the main body of the water supply contract, so it naturally does not enjoy the right to water supply. As stipulated in the property management contract, when the owner fails to pay the property fee, the property management company can take water stoppage as a punishment. According to the relativity principle of the contract, this clause should be agreed by the obligee, otherwise it is an invalid clause, and the owner can investigate the tort liability of the property management company instead. In this case, if the property company stops water without authorization, causing losses to the water supply company, the water supply company can also claim compensation from the property company.

The responsibilities of the property management company are as follows:

1. Property maintenance management: Property management companies shall carry out maintenance and technical management of the properties they manage 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 to meet the standards set by the state, including pollution prevention, environmental cleanliness and environmental greening.

4. Property management safety: Property companies should take various measures to ensure the personal and property safety of owners and users of houses, manage public security, manage fire safety and manage vehicles and personnel entering and leaving the community;

5. Liaise with the government and public institutions on public facilities.

To sum up, the property company is not a party to the water supply contract. Based on the principle of contract relativity, property companies do not enjoy the contractual rights of water suppliers. Therefore, without the authorization of water utilities, owners or judicial administrative organs, property companies may not take the failure of owners to pay property fees as the reason for stopping water supply.

Legal basis:

Article 942nd of the Civil Code of People's Republic of China (PRC).

Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.

Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.

Article 944

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.