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What conditions does the owner need to change the property company?
1, legally terminated. That is, when the property service enterprise loses certain business qualifications and business qualifications, the signed property management entrustment contract is automatically terminated.
2. The agreement is terminated. When it is necessary to change the realty service enterprise due to the reasons stipulated in the realty management entrustment contract, it can be directly carried out by the owners' committee according to the stipulations of the realty management entrustment contract, or it can be terminated with the realty service enterprise after specific operations according to the complaints of the owners or users of the property.
Second, the process of changing property:
1. Procedures required for statutory property rights change conditions:
When the property management company has the legal conditions to change the property, that is, when the property management company loses certain business qualifications and business qualifications, the property management entrustment contract signed with the owners' committee or all the owners will automatically terminate, and the owners' committee can re-select a new property through bidding according to the conditions and procedures for selecting and hiring the property.
2, agreed to change the conditions of property rights required procedures:
When the property needs to be replaced due to the reasons stipulated in the property management entrustment contract, the owners' committee may directly carry out the replacement according to the property management entrustment contract, or terminate the contract with the property management enterprise after specific operation according to the complaints of the owners or property users. The owners' committee may, in accordance with the conditions and procedures for selecting and hiring a property, re-select a new property through bidding.
Three, the common situation of changing property:
1. Termination due to the property management company's own reasons:
In this case, the business qualification of the property management company will often be lost to a certain extent, and the relevant contracts signed will automatically terminate, and the owners' committee can re-employ new properties in accordance with relevant regulations.
2. Termination due to owner's complaint:
The owners complained to the owners' committee, and the owners' committee carried out a series of operations to terminate the contract with the property company. Then re-select a new property in accordance with relevant regulations.
3. Termination due to the contents of the contract:
If the content of the contract needs to be terminated, the owners' committee can handle it according to the contract, and then re-select the property company through bidding.
4. 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. 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.
Legal basis:
Article 946th of the Civil Law of People's Republic of China (PRC) 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 949 of the General Principles of the Civil Law of People's Republic of China (PRC) terminates the realty service contract. The original realty service provider shall withdraw from the realty service area within the agreed time limit or within a reasonable time limit, return the realty service premises, related facilities and relevant materials necessary for realty service to the owners' committee, the owners who decide to manage themselves or their designated persons, cooperate with the new realty service provider to do a good job of handover, and truthfully inform the use and management of the property.
If the original property service provider violates the provisions of the preceding paragraph, the owner shall not be required to pay the property fee after the termination of the property service contract; If losses are caused to the owner, it shall compensate for the losses.
Twelfth "Property Management Regulations" can take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area.
The owner may entrust an agent to attend the meeting of the owners' congress.
The owners' meeting decides the matters specified in Item (5) and Item (6) of Article 11 of this Ordinance, which shall be agreed by 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; Other matters stipulated in Article 11 of these regulations shall be decided by 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.
The decisions of the owners' congress or the owners' committee are binding on the owners.
If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.
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