Can real estate be exchanged?

Legal analysis: the owner has the right to change the property right, but the change of property right depends on the specific situation. Usually, property companies and developers have signed contracts. If the property service is not in place or the management ability is poor, then the owners can change the property company through the owners' committee. And they can also change to a better property management company on the grounds of breach of contract. If they manage well, they can't change the property casually, otherwise they will have to pay a certain fee.

First of all, it is necessary to distinguish whether the community is implementing pre-property services.

The prophase realty service contract may stipulate the time limit; Before the expiration of the term, if the property service contract signed by the owners' committee and the property service enterprise comes into effect, the previous property service contract will be terminated. Therefore, in this case, the owners can choose a new property company without waiting for the expiration of the contract.

Two, for non prophase property services, in accordance with the agreement.

Before the expiration of the contract, the owner can terminate the contract with the property company according to legal procedures.

But when it comes to the termination of the contract, it depends on whether the property company is liable for breach of contract. If there is no liability for breach of contract, the owner still needs to bear the liability for breach of contract unilaterally. Specific compensation issues can be settled by both parties through consultation. If there is a corresponding agreement in the contract, it shall be handled according to the contract. At the same time, in this case, we should also ensure the necessary handover time of the other party, not only to avoid the unattended vacuum in the community, but also to prepare the necessary time for the handover between property companies.

Legal basis: Article 11 of the Property Management Regulations stipulates that the following matters shall be decided by the owner:

(a) to formulate and amend 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 * * *.

Article 76 of the Property Law is decided by the owners: (1) Formulating and amending the rules of procedure of the owners' congress;

(two) to formulate and modify the management regulations of buildings and their ancillary facilities;

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

(four) the selection and dismissal of property services companies or other management personnel;

(five) to raise and use funds for the maintenance of buildings and their ancillary facilities;

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

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

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.