Job Recruitment Website - Property management - How many owners agreed to change the property company?
How many owners agreed to change the property company?
1. The dismissal or replacement of the property can be decided by both the industry committee and the majority of the owners themselves.
2. According to Article 76 of the Property Law of People's Republic of China (PRC), more than half of the owners agree to dismiss or hire the realty service enterprise.
3. If the original property company refuses to withdraw from the resolution of dismissing or hiring the property passed by more than half of the owners, it can be forced to withdraw through the court.
Second, what is the specific process of changing the property management company?
1. application
Living in a residential area, where the property delivery construction area reaches more than 50%, or the property delivery construction area reaches more than 30% but less than 50%, and has been used for more than 1 year, five or more owners may jointly submit a written application to the neighborhood office or the town people's government where the residential area is located, fill in the Application Form for the Establishment of the Preparatory Group for the Owners' Congress, and set up the owners' committee.
2. Establish a preparatory group
After receiving the application, the street office shall make a written reply to guide the community to set up the preparatory group of the owners' committee.
3. Make preparations.
After the approval of the preparatory group, notify the property management company to report the list of all owners, contact address and telephone number to the sub-district office within 15 days, and the sub-district office will submit the above materials to the preparatory group within 5 days after receiving the relevant materials.
4. Information disclosure
The preparatory group shall, within 30 days from the date of its establishment, draw up the owners' convention, the articles of association of the owners' committee and the election method of the owners' committee, post them in a prominent position in the residential area (building) to solicit the opinions of the owners, and publish and distribute the publicity materials of the policies and regulations of the owners' committee to the owners on the bulletin board.
5. Election Committee candidates
The preparatory group organizes all building owners to produce candidates for the owners' committee through self-recommendation or recommendation, and posts and publishes the resumes of the candidates for the owners' committee, the voting format samples of the owners' committee and the agenda of the owners' meeting to the owners, and at the same time, sends the election method of the owners' committee to all owners in written form.
6. Prepare for the owners' meeting
After completing the above work, the preparatory group will send the list of owners' candidates and their resumes, the election method of the owners' committee, the articles of association of the owners' committee and the owners' convention to the sub-district office, and put forward a written application for convening the owners' meeting or owners' congress, and make good preparations for the meeting.
7. Convene a general meeting to elect members
The preparatory group held a meeting according to the agenda: collecting and registering votes; To review and vote on the articles of association of the owners' committee and the owners' convention; Votes are counted in public, the election results are read out, and members of the owners' committee are produced. After the meeting, the preparatory group will announce the conference sign-in form and election results statistics.
8. Owners Committee applying for registration
Within/0/5 days from the date of production, apply to the local district/county real estate administrative department with the application form for registration of the owners' committee, the approval certificate of the street office, the power of attorney of the owners and other related documents.
9. Approval and reply
District and county-level city real estate administrative departments shall, after examination, give a written reply to the owners' committee. The owners' committee will engrave the official seal with the approval from the public security department, and report the official seal style to the district, county-level city real estate administrative departments and sub-district offices for the record.
Articles 8 1 and 82 of China's Property Law stipulate that the owners can manage the buildings and their ancillary facilities by themselves, or they can entrust the property service enterprises or other managers to manage them. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law. Property service enterprises or other managers shall manage the buildings and their ancillary facilities within the building division according to the entrustment of the owners and accept the supervision of the owners.
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