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Is it illegal to call for property fees?
With more and more people buying their own property, the concept of "owner" has been deeply rooted in people's hearts. In contrast, people's requirements for property service enterprises are getting higher and higher, which leads to more and more property disputes. More common ones are water and electricity cut off to demand payment, and one person owes money to sit in the whole building and so on. Then, does the property have the right to stop water and electricity and call for property fees? Property disputes often include cases of property disputes about whether the property has the right to demand payment of property fees due to power failure: an owner suddenly had a power failure in his home, and the owner found a residential property service company and asked to check the reasons for the power failure, but the property service company told him that the power failure was due to his arrears in property management fees. After the consultation between the owner and the property service enterprise failed, the power supply management department was found, but after the staff of the power supply department arrived at the scene, the property service enterprise refused to open the door of the distribution room on the grounds that there was no work certificate. The owner thinks that the realty service enterprise used the convenience of management to intimidate him by power failure, which brought great inconvenience to his life, so he took the realty service enterprise to court and asked the court to judge the realty service enterprise to eliminate the obstruction of power supply, restore power supply, apologize to it, reduce the management fee for one month and compensate for economic losses. After the trial, the court held that the defendant's property service enterprise was not a power supply department and had no right to take power outage measures against the plaintiff for any reason, otherwise it would constitute infringement. The plaintiff's request to reduce the management fee for one month belongs to the scope of the property management contract between the two parties, which is not the same legal relationship with the infringement dispute in this case, and the plaintiff should claim rights separately. The plaintiff's request for the defendant to apologize and reduce the management fee for one month was unfounded in the law and the court did not support it. The plaintiff's request for compensation for economic losses, removal of power supply obstacles and restoration of power supply was supported by the court. It can be seen that the property has no right to take power outage measures against the owners for any reason, otherwise it is infringement.
Legal objectivity:
"Property Management Regulations" Article 41 The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit. Article 65 of the Property Management Regulations violates the property service contract, and the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.
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