Job Recruitment Website - Property management - & gt Can the property management enterprise in the early stage be replaced without the consent of the owner? No property management company took over.
& gt Can the property management enterprise in the early stage be replaced without the consent of the owner? No property management company took over.
Reply to Mr. Zhang and add the following: As the property management fee in the early stage is borne by the owner, the property company has been stipulated in the house purchase contract, and the developer needs to change the property company as a change in the house purchase contract. Therefore, developers should seek the opinions of owners, not just inform them. Of course, the content and charging standard of property services remain unchanged, which can simplify the procedures. It should be reminded that the replacement of the property company involves the responsibility of the original property company for the public income and maintenance fund management of the community. It is suggested that the developer must properly handle the change of the property company, so as to avoid the previous property company taking away the owner's income and causing the joint claim of the owners' meeting to the developer in the future. In addition, owners should be wary of developers or property management companies using the changes of property management companies to transfer the public property of the community, especially the property rights of public benefits and public facilities. Because the previous property companies are generally determined through bidding, developers can only determine the changes of property companies through bidding in order to safeguard the public interests. The relevant competent departments shall strengthen the supervision and management of the change of the original property company and safeguard the rights and interests of all owners. For those who have the conditions to set up the owners' meeting, the competent department should urge the developers to organize the owners to set up the owners' meeting and decide on the hiring of the property company. If there is real post-development property management, the property companies of the two phases can be determined by unified bidding to avoid the situation that the property companies cannot be replaced without consultation. When the owners complain a lot about the property company, we suggest that the developers return the right to change the property company to the owners and set up the owners' meeting as soon as possible to avoid unnecessary losses to the developers. If the owners' meeting cannot be established due to the owners' reasons, the property company shall be selected through bidding, but the original property company must be fully audited and properly handed over. In addition, if there is no management of the property company, the developer or the relevant competent department will entrust the property company to keep it temporarily to ensure the normal order of the community. If necessary, an intermediary consultant can be hired to supervise and manage the relevant income and expenditure of the custody unit. Property management of property companies that have not entered through the owners' meeting needs to be judged according to the actual situation. Owners cannot refuse to pay property management fees on the grounds of not convening owners' meeting. Even if the relevant service contract is invalid, from the perspective of fairness, the owner has the obligation to bear the relevant direct costs and expenses of the property management enterprise. The specific needs are determined through consultation or court judgment.
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