Has the shared utility bill been cancelled? Whether it is legal to share utility bills

Shared utility bills have not been cancelled. You should be able to see it in the other deductions. This fee is paid by everyone together, and it will definitely not be canceled.

Or you consult the property customer service directly, she will definitely have detailed and clear regulations in this regard.

From a legal point of view, the answer is yes to whether it is legal for a property to charge a shared utility bill. According to Article 72 of the Property Law, "the owner shall have rights and shall bear corresponding obligations for the common parts other than the private house; There shall be no waiver or non-performance of such obligation for any reason". In addition, according to Article 45 of the Property Management Ordinance:

In the property management area, units such as water supply, power supply, gas supply, heat supply, communications, and cable television shall collect relevant fees from end users. Where property management service enterprises accept entrustment to collect the fees in the preceding paragraph, they must not charge the owners additional fees such as handling fees. It stipulates that all water supply, power supply, gas supply, heating, communication, and cable TV in the property community are ultimately borne by the user, and each owner can directly pay the relevant units for their own consumption of energy consumption, but the water and electricity energy consumption in the public area (street lights, landscapes, fountains, etc.) is also in the property management area, in order to ensure the normal operation of public facilities in the community, the energy consumption costs of common facilities and equipment should also be borne by all owners.

Legal analysis: It is legal for the community property to collect the shared water and electricity bills, under normal circumstances, the collection method of the shared water and electricity bills is paid separately by the owner, but the property management companies of some communities will include the shared water and electricity charges in the property fees, so that it will be more convenient to collect.

Legal basis: Article 273 of the Civil Code of the People's Republic of China: The owner has rights and obligations to the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance.

The owner transfers the residential and business premises in the bridge of the building, and the rights of co-ownership and joint management of the common part of the building are transferred together.

Legal analysis: Whether it is reasonable for the property to charge the owner a shared water and electricity fee is determined according to the provisions of the property contract. If it is a lump sum contract that already includes the cost of public places, it is not reasonable to charge the shared electricity fee; In the case of a fee-based project-based billing, a shared electricity fee for public places may be charged.

Arbitrary property charges can be complained to the local housing management department.

Legal basis: "Measures for the Administration of Property Service Charges" Article 9 Owners and property management enterprises can take the form of a lump sum system or remuneration system to make an appointment or set property service fees. The lump sum system is a property service billing method in which the owner pays a fixed property service fee to the property management enterprise, and the surplus or loss is enjoyed or borne by the property management enterprise.

Under normal circumstances, the collection method of shared water and electricity bills is paid separately by the owner, but the property management company of some communities will include the shared water and electricity bills in the property fee, which will be more convenient when collecting. Article 273 of the Civil Code of the People's Republic of China: The owner shall have the rights and assume obligations to the common parts of the building other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance.

The owner transfers the residential and business premises in the building, and the right to co-ownership and joint management of the common part is transferred at the same time.

Legal Analysis: It is legal to levy a shared utility bill on property. Utility water and electricity charges refer to the water and electricity charges incurred in the common area, and the common areas of the community include:

1) halls, public halls, corridors, passages;

2) Public toilets, electric (floor) elevators, vestibules, stairwells;

3) Elevator shafts, elevator machine rooms, garbage passages, pipeline shafts;

4) Fire control room, pump room, pool room;

5) Fire escapes, roads in the community, greening of the community landscape, etc.

Legal basis: Article 273 of the Civil Code of the People's Republic of China The owner shall have rights and obligations to the common parts other than the exclusive part of the construction and transportation of hand-made buildings; Waiver of rights may not be used as a reason for non-performance.

When the owner transfers the residential and business premises in the building, the right to co-ownership and joint management of the common part is transferred at the same time.

Legal analysis: According to the relevant laws and regulations, the operating costs of the public power facilities in the property management area shall be paid from the property fees paid by the owners in accordance with the regulations, so the water and electricity charges in the public areas of the community are jointly paid by the owners.

Legal basis: Article 11 of the "Measures for the Administration of Property Service Charges" = the implementation of the lump sum system of property service fees, the composition of property service fees includes property service costs, statutory taxes and fees and profits of property management enterprises. If the remuneration system for property service fees is implemented, the property service funds received in advance include property service expenses and the remuneration of property management enterprises.

The cost of property services or the composition of property service expenses generally includes the following parts:

1. Manage the salary, social insurance and welfare fees of service personnel;

2. Daily operation and maintenance costs of common parts of the property and common facilities and equipment;

3. Cleaning and sanitation costs in the property management area;

4. Greening and maintenance costs in the property management area;

5. Property management area order maintenance costs;

6. Office expenses;

7. Depreciation of fixed assets of property management enterprises;

8. The common parts of the property, the common facilities and equipment and the public liability insurance costs;

9. Other expenses agreed by the owner.

The cost of overhaul, medium repair, renewal and renovation of the common parts of the property and the common facilities and equipment shall be disbursed through special maintenance funds, and shall not be included in the property service expenditure or property service cost.