Can Property Management Cut Your Water? – Law In A Minute

Glitter Gone: The Heist, the Holdout, and the High Stakes of Suburban Guangzhou

Once upon a time in the suburban hills of Guangzhou—a hotspot for the wallet-heavy and the home of the high rollers—lived Jill. She was known not just for her striking good looks but for her impeccable taste in all that glitters. However, one fateful evening, she sashayed into her abode only to discover that her collection of diamond jewelry had pulled a Houdini. Some crafty cat burglar had tiptoed into her castle and made off with the family jewels.

In a tizzy, she rang up the boys in blue, but alas, the security guard had been off in dreamland, and the ever-watchful CCTVs hadn’t even blinked in six months—apparently, they too needed a break. The police were as baffled as a vegan at a barbecue—no leads, no visitors logged, no shimmering diamonds in sight.

So, Jill, in a move as bold as her stolen gems, clamped down on her cash flow, refusing to fork over the property management fees. “Not a penny,” she declared, “until my bling is back, and that’s going to take half a century!”

Two months into this stand-off, the Property Management Office, bewildered by the unpaid bills, sent their envoy Howard. He was met with Jill’s icy resolve: “Why would I pay for security that snoozes on the job and cameras that are just for show?”

Howard, unamused, played the ultimatum card: “Cough up the cash, or it’s lights out for you—no water, no power, no gas.”

 

Law In A Minute

The Property Management Office is not authorized to disconnect Jill’s water, electricity, or natural gas, even if she fails to pay the management fees. These utilities are separate from the services provided by the Property Management Office.

The legal relationship between the Property Management Office and the homeowners is governed by a property management contract. This agreement outlines the scope of management services, such as maintaining the lighting systems and providing security services. Utility services, including the supply of power, water, and gas, fall under the jurisdiction of China’s Contract Law and are the responsibility of respective utility companies.

Under China’s Contract Law, if a customer does not pay their electricity bills and fails to rectify breach of contract damages within a reasonable time after a payment demand, the electricity provider has the legal right to terminate the power supply.

Thus, the Property Management Office cannot legally cut off utility services for non-payment of management fees.

 

Legal Basis

Civil Code

Article 654

The power customer shall timely pay the electricity fees in accordance with the relevant provisions of the State and with the terms of the contract. Where the power customer delays in paying the electricity fees, it shall pay breach of contract damages in accordance with the contract. Where the power customer fails to pay the electricity fees and breach of contract damages within a reasonable time limit after receiving demand for payment, the power supplier may shut off the power supply in accordance with the procedure prescribed by the state.

Article 656

A contract for the supply of water, gas or heat shall be governed by reference to the relevant provisions on power supply contracts.

Leave a comment

Your email address will not be published. Required fields are marked *