The contract between the owners' committee and the property management company

According to Article 11 of Beijing Property Management Measures, hiring, dismissing or no longer accepting the factual services of property service enterprises shall be approved by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. In other words, the hiring and dismissal of property companies must be approved by the owners (more than half of the owners, more than half of the owners living in the area), and the industry committee has no right to directly dismiss the property companies. However, this provision only applies to the case that the property management committee dismisses the property management company during the contract period. That is to say, the property management committee has no right to unilaterally terminate the contract of the property management company during the contract period after the "double-and-a-half" owners agree to hire. If it wants to dismiss, it must obtain the consent of the "double-and-a-half" owners. If the contract of the property management company expires, the industry committee still has no right to directly decide whether to continue to employ the property management company. If the property company wants to continue to serve in the community, it still needs the consent of the "double and a half" owners. In a word, whether in the contract period or not, the industry committee has no right to decide the employment and dismissal of the residential property company. The employment and dismissal of a property company are decided by the "double and half" owners, and the opinions of the "double and half" owners are the key to decide whether the property company will stay or not. In this dispute, the contract of a property management company in Beijing has expired. The property management company should strictly implement the provisions of the original contract on the term of the contract according to the principle of good faith and withdraw from the community. Otherwise, the industry Committee can complain to the housing management department. Of course, if more than half of the owners agree to continue to hire a property company, the property company can still continue to serve. However, the industry Committee of the community has no right to directly decide whether the property company will stay or not, and has no right to directly hire a new property company.

Legal basis: Article 11 of Beijing Property Management Measures, the owners jointly manage the * * * part of the property management area. The following matters shall be decided by the Owner * * *:

(a) to formulate or modify the management statute and the rules of procedure of the owners' congress;

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

(three) to decide or change the property management mode, service content, service standard and charging scheme;

(four) hiring, dismissing the realty service enterprise or no longer accepting the factual services of the realty service enterprise;

(five) to raise, manage and use special maintenance funds;

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

(seven) to apply for the division or merger of the property management area;

(eight) to decide on other major property management matters within the property management area.

Decisions on items (5) and (6) shall be approved 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 of people; The decision in Item (7) shall be approved by the owners whose exclusive parts account for more than two-thirds of the total construction area of the original property management area and more than two-thirds of the total number, and the owners of the property management area to be divided or merged; Decisions on other matters shall be approved 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.