Can the owner terminate the contract with the property alone?

The owner can contact the property separately. According to Article 946 of the General Principles of the Civil Law, if the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. For the losses that may be caused by the owner's exercise of the unilateral rescission right, the property service provider may claim separately according to the provisions of the second paragraph of this article, but it shall not be used as an excuse to prevent the owner from exercising the unilateral rescission right.

The owner must perform legal procedures when exercising the right of unilateral rescission. According to the provisions of Article 278 of the Civil Code, the owners * * * vote on the matters decided by the owners, and the exclusive part accounts for more than two-thirds of the owners, and more than half of the owners of the exclusive part vote and more than half of the owners vote for it. Making a decision according to legal procedures is the pre-procedure for the owner to dismiss the property service provider, which directly determines whether it is legal for the owner to terminate the property service contract. Decisions made without legal procedures will not produce the intention of all owners to terminate the property service contract.

The owner shall notify the realty service person in writing 60 days in advance. According to Article 565 of the Civil Code, it is effective for the parties to terminate the contract by notice, and the other party may take relief measures through litigation or arbitration. The persistence and complexity of property services objectively require owners to inform property companies in advance for a long time. The function of advance notice is to give the property service personnel the necessary preparation time, arrange the handover work after the contract is terminated, and also provide the benchmark date for determining the contract termination time. Of course, in order to fully respect the autonomy of the parties and the freedom of contract, the Civil Code also stipulates that the notice period is not limited by 60 days unless otherwise agreed in the contract.

legal ground

Article 278 of the Civil Code of People's Republic of China (PRC) * * * The following matters 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 or other management personnel; (five) the use of funds for the maintenance of buildings and their ancillary facilities; (six) to raise funds for the maintenance of buildings and their ancillary facilities; (seven) renovation of buildings and their ancillary facilities; (eight) change the use of * * * or use * * to engage in business activities; (nine) other major matters related to the management rights of * * * and * * *. The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.

Article 946 of the Civil Code of People's Republic of China (PRC) * * * The owner's right to terminate the contract at will. If the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract. If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.

Article 565 of the Civil Code: The parties have the effect of notifying the termination of the contract. If the other party disagrees, it can be terminated through litigation or arbitration procedures.