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Is the property power outage fee legal?
Lawyers believe that the relationship between the property management company and the owner is based on the property management service contract, and the relationship between them is equal. Owners pay property management fees, and property management companies provide property services. Of course, the property company can accept the entrustment to collect the fees of water, electricity, coal and cable TV. Lawyer Jie Shen believes that the property management company is not the provider of these infrastructures. The water supply, power supply and gas supply contracts are independently concluded between the owners and the water supply companies, power supply companies and gas supply companies, and the parties to the contracts are not property management companies. As long as the owner, that is, the user of hydropower coal, pays the water and electricity usage fee on schedule, even if the property management fee is not paid, the property management company has no right to cut off water and electricity.
Even if it is stipulated in the property service contract that the property company can take measures such as cutting off water and electricity when the owner fails to pay the property fee, it is invalid. This agreement belongs to other contract terms. In fact, the property company has no right to dispose of others' rights (water supply, power supply and gas supply), and it is invalid to dispose of others' rights without ratification afterwards.
The lawyer takes power supply as an example: even if the power company authorizes the property company to take power-off measures when the owner does not pay the property fee, because the power company has a power supply contract with the owner, the power-off measures can only be taken when the owner does not pay the electricity fee. If it is agreed that the owner will cut off the power without paying the property fee, it will obviously increase the obligation of the owner between the power company and the owner, which is unfair and has no legal effect. After the collection of property fees is invalid, the property company can ask the owners to pay by legal means according to law, such as suing the owners for default.
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