Does the property company violate the statutory prohibition obligation by cutting off power without authorization?

It is a violation of the statutory prohibition obligation for the property company to cut off power without authorization. According to the Property Management Regulations, the Electricity Law and the Urban Water Supply Regulations, the owner has a contractual relationship with the water supply company and the power supply company, and the property company is not a party to the contract. Under any circumstances, the property has no right to cut off water and electricity.

Legal analysis

The property company threatened the owners with water and electricity cuts. Owners can go to the relevant water supply companies and power supply companies to reflect the situation, or they can complain to the real estate administrative departments at or above the county level about the property losses directly caused by water and power outages. There is a contractual relationship between the property management company and the owner, and both parties need to fulfill their respective obligations. Residential owners need to pay property fees in time, and property companies need to provide property services. The owner and the property management company are equal civil subjects, and both parties shall perform their respective obligations in accordance with the contract. If either party breaches the contract, it shall bear corresponding liabilities for breach of contract. The obligations that a property management company should perform include: fulfilling the property management contract and operating according to law; Accept the supervision of the industry Committee and residents of residential quarters; Major management measures shall be submitted to the industry committee for deliberation and approval; Accept the supervision and guidance of real estate administrative departments, relevant administrative departments and people's governments where residential areas are located. Where there are other provisions in the law, those provisions shall prevail.

legal ground

"Property Management Regulations" Article 44 In the property management area, water supply, power supply, gas supply, heating, communication, cable television and other units shall charge relevant fees to the end users. Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

Article 286 of the Civil Code of People's Republic of China (PRC) * * * Owners shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.