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In reality, usually individual property service companies will manage the owner's illegal decoration by restricting water and electricity, etc., but this practice is not legal;
Third: Legal basis:
The utility company does not have the right to shut off your water and electricity; The power authority can cut off power only if the user violates the law.
In accordance with the Electricity Law of the People's Republic of China
Article 29 stipulates that power supply enterprises shall continuously supply power to users without interruption when the power generation and power supply systems are normal. When it is necessary to interrupt the power supply due to the maintenance of power supply facilities, power rationing in accordance with the law, or the illegal use of electricity by the user, the power supply enterprise shall notify the user in advance in accordance with the relevant provisions of the state.
Article 65 stipulates that if a consumer violates the regulations, endangers the safety of power supply and electricity use, or disrupts the order of power supply and use, and the circumstances are serious or refuses to make corrections after being ordered to make corrections by the electric power management department, the power supply may be suspended。
You can complain to the administrative department of the property management company, and the direct administrative department of the property management company is the local real estate administrative department, such as the local housing authority; If you want to complain about the property management company, it is most appropriate to go to the local real estate administrative department;
If the complaint doesn't work, it can be resolved through legal means, court proceedings, and violations such as these can usually be won in lawsuits.
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The rights of the property are limited to the renovation management agreement or management agreement or service contract signed with the owner, as well as the legal responsibilities.
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Legal Analysis: The property company violated the property management regulations, the Electricity Law and the city's water supply regulations by cutting off the owner's water and electricity. Any unit or individual shall be allowed to add other fees to the electricity bill; However, where laws and administrative regulations provide otherwise, follow those provisions.
If the local fund-raising and electricity charges are added to the electricity bill, the people of the provinces, autonomous regions and municipalities directly under the Central Government shall formulate measures in accordance with the relevant regulations. Power supply enterprises are prohibited from collecting other fees when collecting electricity charges。
Legal basis: Electricity Law of the People's Republic of China
Article 35 The term "electricity price" as used in this Law refers to the feed-in tariff of electric power production enterprises, the price of mutual power supply between power grids, and the price of electricity sold by power grid。 Electricity prices are subject to a unified policy, a unified pricing principle, and hierarchical management.
Article 43 No unit may set electricity prices beyond the authority of electricity price management。 Power supply enterprises shall not change the electricity price without authorization。 Article 44 No unit or individual shall be allowed to add other charges to the electricity bill; However, where laws and administrative regulations provide otherwise, follow those provisions.
If the local fund-raising and electricity charges are added to the electricity bill, the people of the provinces, autonomous regions and municipalities directly under the Central Government shall formulate measures in accordance with the relevant regulations. Power supply enterprises are prohibited from collecting other fees when collecting electricity charges。
Article 66 Whoever, in violation of the provisions of Articles 33, 43 and 44 of this Law, fails to collect electricity charges from users in accordance with the records of electricity prices and electricity metering devices approved by the State, sets electricity prices beyond the authority or adds other fees to electricity charges, the competent price administrative department shall give a warning, order the return of the illegally collected fees, and may impose a fine of not more than five times the illegally collected fees; where the circumstances are serious, the relevant managers and directly responsible personnel shall be given administrative sanctions.
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As a property management company, in accordance with the contract, urge the owner to pay the breach of contract, or solve it through legal means. The law does not give property companies the right to cut off water and electricity.
Legal basis: Article 286 of the Civil Code of the People's Republic of China: Owners shall abide by laws, regulations and management regulations, and relevant acts shall comply with the requirements of resource conservation and protection of the ecological environment. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.
The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees. Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.
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In reality, usually individual property service companies will manage the owner's illegal decoration by restricting water and electricity, etc., but this practice is not legal;
Legal basis: Electricity Law of the People's Republic of China
Article 29 Power supply enterprises shall, under the condition that the power generation and power supply systems are normal, supply electricity to users continuously and without interruption。 When it is necessary to interrupt the power supply due to the maintenance of power supply facilities, the restriction of disturbance of sensitive electricity in accordance with the law, or the illegal use of electricity by the user, etc., the power supply enterprise shall notify the user in advance in accordance with the relevant provisions of the state.
Article 65 Where a consumer of electricity violates the regulations, endangers the safety of power supply or electricity use, or disrupts the order of power supply or electricity use by a person who delays the rent, and the circumstances are serious or refuses to make corrections after being ordered to do so by the electric power management department, the power supply may be suspended。
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Legal analysis: general property does not have the right to cut off water and electricity, and in the property management area, water supply, power supply, gas supply, heating supply, communications, cable television and other units shall charge relevant fees to the end user.
Therefore, the two parties to the water and electricity contract are the supply unit and the actual owner, and the property can only urge the owner to pay the fee through legal means when the owner does not pay the property fee, and has no right to cut off the water and electricity.
Legal basis: Property Management Regulations》 Article 44 In the property management area, the water supply, power supply, gas supply, heat supply, communications, cable television and other units shall collect relevant fees from the end user. Where a property management service enterprise accepts the entrustment to collect the fees in the preceding paragraph and quietly serves them, it shall not charge the owner additional fees such as handling fees.
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