Simon Says: Can Property Management Office cut off your water supply?

Published
09/21/2017 by

This is the thirtieth in a weekly series of legal advice provided in a short and entertaining story format.

 

每周轻松有趣法律常識故事系列 - 第30篇

 

 

Keywords:Contract, Property Management, Contracts for Supply of Power, Water, Gas, or Heat

 

关键词:合同,物业管理,水,电,天然气的供应合同

 

 

Can Property Management Office cut off your water supply?

 

西门说法:物业管理处可以切断你的供水系统吗?

 

Jill is a resident of the Beverly Hill in the suburb of Guangzhou, a luxury prime location where many listed companies’ CEOs and the billionaires reside. One day, when she returned home late night, she found that all the things in her home were turned over, and her diamond jewelry all gone. A burglar had snuck in and stole everything.

 

董明珠是居住在广州贝弗利山郊区的一位居民,这个郊区是许多上市公司的CEO和亿万富翁居住的豪华黄金地段。但突然有一天,当她深夜回到家的时候,发现家里所有的东西都被人翻过了,她的钻石和珠宝首饰都不见了。原来是窃贼偷偷潜入她家,拿走了所有值钱的东西

 

Dismayed, she called the police, but as the security guard fell asleep, there were no records of anybody visiting Beverly Hill. The CCTVs had also been broken for half a year, and nobody had bothered to fix it. The police had no clue of who might have broken in at all.

 

在非常沮丧懊恼的情况下,董明珠打电话报了警,但因为保安人员睡着了,所以没能找出任何人夜访贝弗利山的记录。而小区所安装的监控摄像头设施早在半年前就已被损毁,也没有任何人去主动解决此问题。警方完全没有任何可以找出盗贼的线索。

 

As a result, Jill decided not to pay the monthly property management fee until her stolen diamond jewelry was fully set-off.

 

因此,董明珠决定直到被盗的钻石和珠宝首饰的费用被弥补以前,她不再缴纳每月的物业管理费用。

 

Two months later, the Property Management Office decided to send Alex to go ask her why she didn’t pay the fees. Jill replied smugly, “My house was burgled and all my diamonds were gone. This is due to the broken CCTV and your sleeping security guard. Do you really expect me to pay a dime for this quality of security? I am not going to pay until the money I lost has been recovered, and that, is going to be 50 years.”

 

两个月后,物业管理处决定派王石去询问她为什么不缴纳物业费。董明珠非常傲慢的回答到:“我的房子被盗了,我所有的钻石珠宝都被偷走了。而这一切都是因为你们失修的监控设备和保安人员因贪睡渎职所造成的。难道你真的希望我为这样糟糕的安全质量而支付一分钱吗?在我用这笔费用完全弥补我所有的损失之前,我不会缴纳任何的管理费用,而这个过程需要50年。”

 

Alex warned, “If you don’t pay the management fees, we will turn off your water hose, electricity grid and natural gas supply. The burglary was not caused by us, so you have no right not to pay the management fees. We will give you a week to repay the fees.”

 

王石警告她说,“如果你不支付物业管理费,我们将切断你的水管,电网和天然气供应。盗窃不是我们造成的,所以你没有权利不支付管理费。我们会给你一个星期来偿还所欠费用。”

 

Can the Property Management Office cut off all these utilities?

 

物业管理处是否可以切断所有这些公用设施?

 Simon Says - Episode 30: Can Property Management Office cut off your water supply?

 

Prof Simon Says:

西门教授说法:

 

No, the Property Management Office has no right to cut off her water, electricity and natural gas supply even if she doesn’t pay the management fees. These services are not part of the service rendered by the Property Management Office. The contract between the Property Management Office and owners is property management contract whereby such contract regulates the terms of conditions of management service, such as lighting system and security service. While the responding companies providing utilities services such as power, water, and gas supply are regulated under the China’s Contract Law. It states 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. Therefore, the Property Management Office has no right to do so.

 

不可以,即使没有支付管理费用,物业管理处也无权切断水,电,天然气的供应。因为这些服务不包括在物业管理处提供的范围内。物业管理处和业主之间签订的合同属于物业管理合同,该合同只规定了照明系统和安全服务等服务管理条款。而电力,水和天然气等公用设施的供应公司则受“中华人民共和国合同法”规定的管理。这一规定说明如果电力客户在收到付款要求后,在合理期限范围内未能支付电费和违约金,电源供应商可能会关闭其电源供应。因此,物业管理处无权这样做。

 

The Contract Law of China (1999)

Article 182 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.

 

《中华人民共和国合同法》(1999年施行)

第一百八十二条用电人应当按照国家有关规定和当事人的约定及时交付电费。用电人逾期不交付电费的,应当按照约定支付违约金。经催告用电人在合理期限内仍不交付电费和违约金的,供电人可以按照国家规定的程序中止供电。

 

Article 184 A contract for the supply of water, gas or heat shall be governed by reference to the relevant provisions on power supply contracts.

第一百八十四条供用水、供用气、供用热力合同,参照供用电合同的有关规定。

 

 

For more about this or to contact Professor Simon Choi at www.acmeardent.comsimonhkchoi@163.com, +86 13823677853 or by WeChat: simonhkchoi. 

 

ACME Ardent's Simon Choi WeChat QR Code

 

 

Simon Choi

About the Author: Professor Simon Choi

Prof Simon Choi, solicitor and linguist, is an international lawyer, qualified to practise law in England & Wales and in Hong Kong, China. Simon graduated from law schools of the Peking University, the University of London and the University of Hong Kong respectively, with an in-depth knowledge of Chinese laws and common laws and with more than 20 years experience in China practice and international trade, investment, finance, merger & acquisition. He is an adjunct professor of laws at the Zhongnan University of Economics and Law. Simon is the founding partner of Acme Ardent and can be reached at simonhkchoi@163.com or +86 13823677853.

 

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