Do you have to set up an industry Committee to change properties?

Owners' committee must be established.

If there is no industry Committee, the owners of the whole community are in a mess, and there is no platform to speak and protect themselves. In other words, if you want to change the property management company, you must first set up an industry Committee.

To set up an industry committee, more than 5 owners need to jointly submit a written application to the neighborhood office where the community is located, fill in the Application Form for the Establishment of the Preparatory Group for the First Owners' Meeting, and then elect the owners' representatives to set up the first industry committee. ...

On behalf of all the owners, the industry committee can not only supervise the services of the property management company and protect the interests of all the owners, but also formulate the charging standards of property fees and so on.

If you want to change the property, you need the consent of at least two-thirds of the total number of owners and other major decisions. In addition, if the owners account for more than two-thirds of the total area, they can agree. Although there are some differences between the two types, they still feed back the eyes of most owners on the whole. It can be voted by the industry Committee or separately, but it is more difficult to investigate opinions for large-scale communities.

Pay attention to changing attributes.

1, the owners' committee must be established.

If there is no industry Committee, the owners of the whole community are in a mess, and there is no platform to speak and protect themselves. In other words, if you want to change the property management company, you must first set up an industry Committee.

To set up an industry committee, five or more owners need to jointly submit a written application to the neighborhood office where the community is located, fill in the Application Form for the Establishment of the Preparatory Group for the First Owners' Congress, and then elect the owners' representatives to set up the first owners' committee.

On behalf of all the owners, the industry committee can not only supervise the services of the property management company and protect the interests of all the owners, but also formulate the charging standards of property fees and so on.

2. Whether the property contract expires.

If the property contract is not due and within a limited period, the owner cannot change the property company at will. If you want to change the property management company, you must provide evidence of breach of contract by the property management company.

If it has expired, the industry Committee will come forward to inform the original property company not to renew the property contract with it, and at the same time prepare to bid for a new property company.

3. Two thirds of the owners must agree.

Note that "more than two-thirds of the owners" does not refer to the number of people, but refers to the owners who agree to change the property and the housing area purchased by the owners should exceed half of the total construction area of the community.

4. Ensure the transparency of the bidding process.

Because the industry committee acts on behalf of all the owners, the owners' right to know must be guaranteed in the bidding process of the new property company.

5. The defaulting property company has any objection to the termination of the contract.

In view of this situation, the owners' committee can bring a lawsuit in the local court. After the judgment of canceling the property contract comes into effect, a new property company will be hired.

legal ground

Article 946 of the Civil Code

If the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated.

Article 11 of the Property Management Regulations shall be decided by the owners: (1) Formulating and amending the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.