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How to deal with the unauthorized power failure of the property?
The subjectivity of law: 1. How to deal with disputes caused by property power failure; 1. Disputes caused by property power failure can be handled through negotiation and prosecution. The property management company should take legal measures or ways to solve the problem when the owner does not pay the property service fee, but can't take measures to stop water and power. If the property management company cuts off water and electricity without authorization, causing losses to the owners, it will bear corresponding legal responsibilities. Relevant laws and regulations: Article 1 187 of the Civil Code: Payment method of compensation fees After the damage occurs, the parties may negotiate the payment method of compensation fees. If negotiation fails, the compensation fee shall be paid in one lump sum; If it is really difficult to pay in one lump sum, it can be paid by installments, but the infringed party has the right to request the corresponding guarantee. (two) the property management company has no right to stop water and power without authorization. Hydropower is a necessity for the owners of residential quarters. Even if there is a compulsory water and electricity cut-off agreement in the contract, the property management company can't ask the owner to pay various fees by means of compulsory water and electricity cut-off. If the owners fail to pay the fees, the property management company shall negotiate with the owners' committee to solve the problem, or bring a lawsuit to the people's court to demand the owners who are in arrears to pay the fees and liquidated damages. The relationship between the owner and the property management company is based on the legal relationship of property management. According to the property service contract signed by both parties, the owner has the right to accept the services provided by the property management company and undertake the obligation to pay the property management fee. Property management companies have the right to collect property service fees from owners and promise to provide services agreed in the contract. Therefore, the owner should fulfill the obligation to pay the property service fee, and the property management company should fulfill the service obligation stipulated in the contract. (3) Property services refer to the maintenance, conservation and management of houses, supporting facilities and related sites, and the activities of maintaining environmental sanitation and order in relevant areas. The content of property services shall be implemented in accordance with the content of the service contract. Property services generally include comprehensive management, maintenance and management of houses and public facilities, public order maintenance, cleaning services, greening management, decoration management services and parking management services. Therefore, even if the owner does not pay the utilities, the property management company has no right to cut off water and electricity. In the above situation, there is no right to cut off water and electricity. Only when the power supply department entrusts the property management company to collect the water and electricity charges, the property management company can cut off the water and electricity for the owner when the owner defaults on the water and electricity charges. It is illegal for a property company to stop water and power without authorization at the instigation of the developer, and the damaged owner can investigate the tort liability of the property company. Second, what are the main contents of property management? Public management and service in property management is the most basic management and service provided by property management enterprises for all residents and owners. There are mainly the following eight items: (1) the main management of housing construction and the daily supervision of residential decoration; (two) the management of housing equipment and facilities; (3) Environmental sanitation management; (4) Greening management; (five) to cooperate with the public security fire department to do a good job in maintaining public security in residential areas; (6) Vehicle order management; (7) Public agency services; (eight) property file management. III. Property Management Qualification What are the property management activities of enterprises with independent legal personality? Article 32 of the Property Management Regulations stipulates that an enterprise engaged in property management activities shall have the qualification of an independent legal person. The State Council construction administrative departments shall, jointly with relevant departments, establish a joint incentive mechanism for trustworthiness and a joint disciplinary mechanism for dishonesty, and strengthen the integrity management of the industry. The most basic management and services provided by property management enterprises for all residents: (1) the management of the main body of housing construction and the daily supervision of housing decoration; (two) the management of housing equipment and facilities; (3) Environmental sanitation management; (4) Greening management; (five) to cooperate with the public security fire department to do a good job in maintaining public security in residential areas; (6) Vehicle order management; (7) Public agency services; (eight) property file management. To sum up, disputes caused by property power failure should be handled in the way agreed in the contract first. Legal objectivity: Article 944 of the Civil Law states that 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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