Recently, a letter to all owners issued by the property management of a community in Leshan has caused a lot of controversy in the society. The announcement includes three points: the property company confided in the owners about the efforts and efforts made since 2013;It is pointed out that there are currently 601 owners in the community who are in arrears of property fees, and the total arrears amount is as high as more than 1.5 million yuanThe property company made it clear that if the owner did not pay the property fee, he would not be able to continue to pay the utility bill, resulting in problems such as elevator outages, unsustainable secondary water supply, and the shutdown of public lighting systems. As soon as this announcement was released, it immediately aroused heated discussions among citizens on social **, and many people questioned the behavior of 601 owners in arrears of property fees, and also raised questions about the tough attitude of the property company.
However, from a deeper perspective, we should think about the reason why these 601 owners have been in arrears for a long time, whether it is caused by the problem of property service or other deeper contradictionsAccording to the owners of the community, the community has long had the problem of dirty and messy, and there have even been cases of excrement in the corridors and elevators. In 2021, Leshan** also made a relevant report with the title of "Stepping on feces in the elevator, there are really a lot of problems in Leshan's community". Therefore, in July this year, the community property committee elected and replaced the property management company through public bidding, but the court found that the decision procedure formed by the owners' meeting was not standardized, and revoked its resolution, resulting in the original property management company continuing to participate in management. Judging from the description of the owners, they do not agree with Sunshine Property, believing that they have not handed over the property work and occupied the community and will not leave. This shows that the community management and legal disputes have jointly led to the problem of arrears of property fees to a certain extent.
Now the question is, does the property company have the right to cut off water and electricity?Although the property contract has expired, the owner has not made a decision to renew or hire another person in accordance with the law, and there is no third-party property management company to actually provide property services, so the property management company continues to provide property services based on the principle of good faith to maintain the normal management of the community, and since the owner has enjoyed the services provided by the property, he should pay the corresponding fees. However, the Civil Code also clearly stipulates that property management companies shall not stop the supply of electricity, water, heat, gas and other methods to demand the payment of property fees. If the owner violates the property service contract and fails to pay the property fee within the time limit, the property management company may urge the owner to pay the property fee within a reasonable periodIf the payment is not made after the expiration of the reasonable period, the property management company may file a lawsuit or apply for arbitration, but it shall not demand the payment of the property fee by illegal means such as water and electricity outages. If the property management company causes damage to the rights and interests of the owner due to a private power outage, it may constitute an infringement and involve the issue of tort damages.
Of course, the property company's announcement has caused dissatisfaction in society, but we should resolve disputes with the rule of law. Property management companies shall protect their own rights and interests in accordance with the law, and the methods of rights protection shall also be legal and compliant, and follow legal procedures. At the same time, the owner is also obliged to pay the strata fee on time to ensure the normal operation of the community and the basic needs of the residents.
Finally, we need to keep an eye on the impact and further development of the whole incident. This incident has attracted attention and discussion from all walks of life, and also involves issues such as property services, owners' rights and interests, and community management. We should think deeply and find solutions to problems in order to promote the harmonious development of communities.
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