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In case of illegal construction, the property has the right to stop your water and electricity, such as illegal construction, decoration damage to the bearing wall, decoration damage to water and electricity pipes, decoration connecting the next door or upstairs and downstairs, decoration is not within the specified decoration time, decoration is not closed doors and windows to pollute the environment, decoration debris piled up in public areas, etc. In order to avoid potential safety risks, or to standardize the design of the decoration company, they can take the necessary measures to limit their violations and not conflict with the owner when the property is full.
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1. Under what circumstances does the property management company have the right to cut off water and electricity?
In any case, the property management company does not have the right to cut off water and electricity.
Civil Code of the People's Republic of China.
Effective January 1, 2021).
Property service providers shall not stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.
If the owner signs a contract with the water supply or power supply company and pays the corresponding fees to the water supply and power supply company, the water supply and power supply company shall supply water and electricity. The property management company is not a party to the contract for water supply and power supply, and it has no right to interrupt the water supply and power supply to the owner without authorization.
2. What are the main aspects of property management?
According to the nature of the service and the way it is provided, the basic content can be divided into: routine public services.
There are three categories: targeted special services and entrusted special services.
1. Routine public services.
It refers to the public management and service work in property management, and is the most basic management and service provided by property management enterprises for all residents. There are mainly the following 8 items:
1) The management of the main body of the building and the daily supervision of the residential decoration;
2) Management of housing equipment and facilities;
3) management of environmental hygiene;
4) greening management;
5) Cooperate with the public security and fire departments to maintain public order and safety precautions in residential areas;
6) vehicle road management;
7) Public agency services;
8) Management of property archives.
2. Targeted special services.
It refers to the various services provided by property management enterprises to meet the needs of some of these households, groups and units for the majority of residents. Includes:
daily life class;
business services;
culture, education, health, sports;
financial services;
brokerage services;
social welfare;
3. Entrusted special services.
When property management enterprises implement property management, the first category is the most basic work, which must be done well. At the same time, according to their own ability and the requirements of the occupants, the first is determined.
Second, the specific service items and contents in the third category, adopt flexible and diverse operating mechanisms and service methods, take people as the core to do a good job in the management and service of property management, and constantly expand its breadth and depth.
In the case that the owners have already paid the water and electricity bills, in addition to the national water supply, the power supply company can cut off water and electricity under special circumstances, such as wire maintenance, etc., and has already paid the water and electricity bills, but the water and electricity are cut off because of arrears of property fees, which seriously infringes on the legitimate rights and interests of water and electricity users.
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The property has the power to stop your water and electricity when the construction is not in compliance.
To give a few examples, the construction of illegal construction, decoration damage to the load-bearing wall, decoration damage to the water and electricity pipes, decoration to open up the next door or upstairs and downstairs, decoration is not within the specified decoration time, decoration does not close the doors and windows to pollute the environment, decoration garbage in the public area is piled up, etc., in order to avoid causing potential safety hazards, or to standardize the construction of the decoration company, can take necessary measures to restrain its violations, the property will not be full and nothing to conflict with the owner, nothing is good for both parties.
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Construction Infringement, Property Rights Have the Right to Stop Your Hydropower Station To give a few examples, construction, construction infringement, renewal of collapsed load-bearing walls, repairs, ruptured water pipes, repairs near or below, repairs not within the specified renewal time, renewal, do not close car windows, environmental pollution, loading and unloading, maintenance garbage is piled up in public places, etc., property In order to avoid danger, or in order to regulate the renewal and construction of the company, you can take all necessary means to restrain your own violations, and the property will not be full, There will be nothing to provoke conflict with the owners, which will not benefit either side.
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When renovating, the property has the right under what circumstances. Water and electricity outages. If your renovation does not meet the requirements and violates the management of the property, you may have the right to stop the water. Or maybe it's if you're in arrears.
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The property management party does not have the right to cut off water and electricity to the owner, and it is recommended to call 12345 to complain to the property management company. After the complaint, the property company will restore the water supply and power supply.
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Generally speaking, as long as there is no arrears, there is no right to cut off water and electricity!
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If you are working with danger that does not stop, you let others take risks.
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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, 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 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 use, and the circumstances are serious, or where the power administration department refuses to make corrections after being ordered to make corrections, the power supply may be suspended。
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Legal analysis: Water and electricity outages are not allowed for the renovation of illegal properties. The provider of water and electricity is the water company and the power supply bureau, only the water company and the power supply bureau have the right to terminate the water and electricity through legal procedures, and the property enterprise has no right to cut off water and electricity to the owner in the absence of an agreement in the contract.
Legal basis: Property Management Regulations
Article 35 Property service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.
Article 44: Within the property management area, units such as for water supply, power supply, gas supply, heat supply, telecommunications, 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.
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We are happy to answer for you, under normal circumstances, the property should not be cut off from water and electricity at will, because this may cause inconvenience and loss to the owner. However, in some cases, the property may have the right to cut off the water and power to ensure the safety and interests of the entire community. Here are some of the situations where a property has the right to be cut off from water and electricity:
Illegal construction during decoration: If the owner violates the regulations of the community or violates the relevant national regulations on building construction during the renovation process, the property may have the right to cut off water and electricity to ensure the safety and stable transportation of slag in the community. Illegal modification of electrical equipment:
If the owner changes the electrical equipment without permission or increases the load of electricity without the consent of the property, it may cause overload or safety hazards in the power grid, and the property may have a power outage to ensure the safety of the power grid in the community. Other special circumstances: such as building roads, maintaining pipelines in the community, etc., water and electricity outages are required.
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Summary. Kiss <>
We'll be happy to answer your questions. 1. When the water and electricity equipment is maintained, the water or power must be cut off due to the maintenance of related equipment; 2. In the event of a fire, in addition to the fire-fighting electricity, the property can turn off other circuits, especially when the circuit is on fire, the power must be cut off; 3. If the water supply pipeline runs out of water, causing flooding in the household, in order to reduce the loss of the household, the water can be temporarily stopped and repaired;
When renovating, the property has the right to turn off water and electricity
Kiss <>
We'll be happy to answer your questions. 1. When the water and electricity equipment is maintained, the water or power must be cut off due to the maintenance of related equipment; 2. When there is a fire silver training, in addition to the fire electricity, the property can turn off other circuits, especially when the circuit is on fire, it must be cut off to call only electricity; 3. If the water supply pipeline runs out of the water chain, causing flooding in the household, in order to reduce the loss of the household, the water can be temporarily stopped and repaired;
Kiss <>
According to the different functions of use, properties can be divided into the following five categories: residential properties, commercial properties, industrial properties, ** properties and other purpose properties. The management of properties with different functions has different contents and requirements:
Residential property refers to buildings with residential functions for people to live in, including residential quarters, single residential buildings, apartments, villas, resorts, etc., as well as common facilities, equipment and public places that are matched with them.
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Legal analysis: The property company has no right to cut off water and electricity, because the hydropower contract is a contractual relationship formed between the owner, the water plant and the power company.
Legal basis: Article 944 of the Civil Code of the People's Republic of China The owner shall pay the property fee to the property service provider in accordance with the agreement. If the property management service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted or does not need to accept the relevant property management services.
If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider may urge the owner to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration. Property service providers shall not use methods such as stopping the supply of electricity, water, heat, or gas to urge the payment of property fees.
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Legal analysis: 1. The property does not have the right to stop the owner's water and electricity. 2. The hydropower supply company directly under the owner of the community.
All legal relationships are direct contractual between the owner and the electricity and water supply company. If the property is entrusted by the power supply company to collect water and electricity charges, then the property company Jingnai is also an entrustment relationship with the water supply and power supply company, rather than a water and electricity contract relationship with the owner. The water supply and electricity supply company shall not refuse the owner to pay the fee.
Legal basis: Civil Code of the People's Republic of China Article 1177: Where the lawful rights and interests are infringed upon, the situation is urgent and it is not possible to obtain the protection of the state organs in a timely manner, and the lawful rights and interests of the victim will be irreparably harmed if no immediate measures are taken, the victim may take reasonable measures such as withholding the property of the infringer to protect his lawful rights and interests; However, a request should be made immediately to the relevant State authorities for disposition. Where the measures taken by the victim improperly cause harm to others, they shall bear tort liability.
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