Recently, a video of a drinking man throwing a wine bottle from the 13th floor and being fined by the property for 30 days caused concern. After the power failure, the owner called the police to ask for help to stop the power failure, and the property insisted on handling it according to the owner’s agreement. Yesterday, the staff of the residential property management company told the Beijing Youth Daily reporter that the power supply has been restored for the household in advance.
The property has resumed power supply ahead of schedule.
On the evening of October 26, a video of a drinking man throwing a wine bottle from the 13th floor and being fined by the property for 30 days was circulated on the Internet. It is understood that on the evening of September 29, a man was drinking in a residential area in Jiaozuo, Henan Province, throwing a wine bottle from the 13th floor, and was punished by the property management company for cutting off power for 30 days according to the owner’s statute. Afterwards, the man’s wife couldn’t bear the power outage, and the police asked the police to help plead with the property.
On October 27, the reporter of Beiqing Daily contacted the property management company in the community. The staff member Wang Hong (a pseudonym) said that on the evening of September 29, some owners in the community reported to the property management that someone dropped a wine bottle from the sky and almost hit the people passing by. "Our staff immediately took the monitoring and found that the wine bottle was thrown by a family on the 13th floor of a building. After the staff verified it, the owner’s house was cut off that night." Property management staff also said that if the owner has any objection to the penalty of 30 days of power outage, he can sue.
On the afternoon of 27th, Wang Hong told the reporter of Beiqing Daily that, considering that the owner’s house may have friends and relatives to visit and other electricity demand during the National Day holiday, the power outage penalty was not strictly cut off for 30 days, and the power supply for the owner’s house has been restored in advance, and the electricity can be used normally at present.
The Owner signs the Owner’s Statute.
Wang Hong said that there are currently six buildings in the community, all of which belong to high-rise residential buildings. Monitoring equipment is installed outside the buildings and corridors of the community. "There are currently more than 1,000 owners in the community, and there are still houses for sale. When each new house moves in, the property management will show the owner’s statute to the owner and let him sign it for confirmation, including the owner who threw the bottle this time. The owner’s statute must be approved by more than 90% of the owners before it takes effect. Every household knows the contents of the owner’s statute, and we will also publish it on WeChat. "
The reporter of Beiqing Daily noticed that on the WeChat account of the property management company, there were a number of reminders about the safety hazards such as throwing objects at high altitude in the community and stacking debris in the corridor. On October 19, 2018, the company announced that it had recently received feedback from the majority of owners that there were very few people throwing objects at high altitude in the community. I hope everyone will not violate the regulations. If found, the property will be given a one-month power outage penalty according to Article 7 of the Owner’s Statute.
Wang Hong said that in the final analysis, the owner’s agreement is to ensure the safety of the community and the owners, and to provide a good living environment for everyone, including if debris is found piled up on the corridor and air-conditioning external board of the community, or if someone is building illegally in the park, the property management will persuade first, and if the persuasion fails, it can be forcibly cleaned up according to the owner’s agreement.
Parabolic objects at high altitude have caused many lawsuits.
The reporter of Beiqing Daily found that the phenomenon of casualties or property losses caused by high-altitude parabolic objects has occurred from time to time, and even caused disputes between neighborhood communities, disputes between owners and property companies, so that it is not uncommon to go to court. In many criminal cases involving high-altitude parabolic objects, the defendants were sentenced for endangering public safety by dangerous means.
In May 2017, a man in Chongqing, Li, was drinking with friends in a certain district. Because he was in a bad mood, he threw a beer bottle and a glass downstairs at the balcony. Among them, the glass hit the head of a 13-year-old boy standing on the playground downstairs, causing serious brain damage. After identification, the victim’s injury degree is serious injury level 2. In 2018, Li was sentenced to 10 years in prison for committing the crime of endangering public safety in a dangerous way.
The reporter of Beiqing Daily noticed that when many property companies sued the owners for paying property fees and late fees, the owners refused to pay the property fees on the grounds that the property companies did not handle the parabolic situation at high altitude. In 2018, a property company in Wuhan sued an owner for asking him to pay the property fee. The owner said that the property company refused to pay the property fee because of the service defects such as not handling high-altitude parabolic objects, imperfect monitoring equipment and inadequate management of potential safety hazards. In the end, the trial court ruled that considering the service defects of the property company, the owner was ordered to pay the property fee at 80%.
Lawyer analysis
Legal people have different views on whether power failure should be punished
Regarding this matter, Zhou Hao, a lawyer of Beijing Weiheng Law Firm, said that Article 70 of the Property Law stipulates: "The owner enjoys the ownership of the exclusive parts such as houses and business houses in the building, and the right to share and jointly manage the common parts other than the exclusive parts. The owner’s statute is the performance of the owner’s autonomy activities, and the prohibition of throwing objects at high altitude is also to regulate the owner’s activities. "But the owner’s management statute sets penalties, although it does not violate the law, it is still not appropriate to cut off power for 30 days."
Zhou Hao said that the owners’ management regulations mainly depend on the owners’ conscious compliance, and generally there should be no penalty clause to punish the owners. Regarding the high-altitude parabolic objects in the residential area, Zhou Hao said that high-altitude parabolic objects endanger public safety, so it is suggested to report to the police, and the public security department will decide whether to impose criminal or administrative penalties. If property damage is caused, it can also be mediated by the police. If mediation fails, you can choose to bring a lawsuit to the court.
Lawyer Chang Sha of Beijing Kyoto Law Firm said that according to the Regulations on the Supply and Use of Electricity, power supply enterprises can stop power supply according to the procedures stipulated by the state only if power companies still owe money after being urged to do so, and no other units or individuals can stop power supply artificially. According to the Electricity Law, power supply enterprises should continuously supply power to users without interruption when the power generation and power supply systems are normal. When it is necessary to interrupt power supply due to maintenance of power supply facilities, power restriction according to law or illegal use of electricity by users, the power supply enterprise shall notify users in advance in accordance with relevant state regulations. Users who have objections to the interruption of power supply by power supply enterprises may complain to the power management department; The electric power administrative department that accepts the complaint shall handle it according to law. The property company has no right to punish the owners for stopping water supply and power outage. "The owners who have been blacked out can complain to the local power bureau about the illegal behavior of the property company, and the power bureau will send personnel to restore power supply to the owners and will notify the property company in writing that they are not allowed to cut off power to the owners at will according to the Electricity Law, or they will be punished according to laws and regulations. Although it can be understood that the purpose of the property company to set this statute is to prevent falling objects from high altitude, this regulation must not violate laws and administrative regulations. "
In addition, some lawyers support the owners’ statute of the property company. Another legal person said that the owner’s statute is equivalent to the rules set by all owners themselves, which belongs to the regulation of owner autonomy. As long as it does not conflict with the legal provisions, it is enforceable within the scope of all owners. "Of course, the premise is still that the formulation of the statute conforms to legal procedures and the content of the statute does not violate the law. The punishment of 30-day power outage does seem inhuman, and it will also cause a lot of inconvenience to the owner’s life, but at present, the punishment does not directly violate the specific legal provisions. Therefore, in the case that the owner also signed and agreed when he checked in, as long as there is no problem with the formulation procedures of the statute, he still has to abide by it. "
Text/reporter Dai Youqing
关于作者