Job Recruitment Website - Property management company - Can I call the police when the property is cut off?
Can I call the police when the property is cut off?
You can call the police at 1 10. According to the relevant regulations, the property is only responsible for the management of the community, and the owner enjoys certain rights according to the contract signed with the hydropower company. Property companies have no right to cut off water and electricity. Because the owner did not pay the property service fee on time, it violated the property service contract signed with the property company. As a property company, we should urge the owners who have breached the contract to pay compensation according to the contract or solve it through legal channels. The law does not give property companies the right to cut off water and electricity. In addition, the owner's water supply and power supply are obtained after signing water supply and power supply agreements with water supply companies and power supply companies respectively and paying relevant fees. It is not the same as the property service fee that the owner has to pay. Obviously, it is wrong and illegal for property companies to do so. If the water supply and power failure causes losses, the owner may claim the right to the court and demand the property to compensate for the losses caused by the water supply and power failure.
Obligations that owners should perform in property management activities:
1, abide by the owners' convention and the rules of procedure of the owners' congress;
2. Abide by the rules and regulations on the use of * * * parts and facilities in the property management area, and maintain public order and environmental sanitation;
3. Implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;
4, pay special maintenance funds in accordance with the relevant provisions of the state;
5. Pay the property service fee on time.
To sum up, if the property is cut off from water and electricity, the owner can call 1 10 to call the police. The parties to water supply and power supply are the owner and the water supply and power supply company, while the parties to the property management contract are the owner and the property management company, which are in different legal relationships. Although there are cases where the property collects fees for water supply, power supply, gas supply, heat supply and communication on its behalf, the property is not a party to the contract, and it is not allowed to stop power supply, water supply, heat supply and gas supply to urge the payment of property fees.
Legal basis:
Article 64 of the Regulations on Property Management
In violation of the property service contract, 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.
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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