If the property is not strong, what procedures need to be taken to change companies?

The property management company is irresponsible, and the residential environment is messy. Can the owner change the property management company? The answer is yes. But there are a few details that need your attention. Let's have a look. The property management company is irresponsible, and the residential environment is messy. Can the owner change the property management company? The answer is yes. But there are a few details that need your attention. Let's have a look.

First, the owners' congress shall decide the following matters before changing the property company:

(1) resolution of the owners' meeting; If the owners' congress decides to hire other property management companies, it shall promptly inform the original property management companies in writing after making the resolution.

(2) authorize the owners' committee or entrust a bidding agency to organize bidding;

(3) Deciding to adopt public bidding or inviting bidding;

(4) After authorizing the owners' committee to directly determine the list of candidates recommended by the bid evaluation committee, the owners' congress will finally determine the winning bidder;

(5) the price range or level of property services.

The replacement of property management companies is extremely difficult and risky, and there is sufficient mass base and legal basis for the replacement of property management companies. In this process, the resolution of the owners' meeting is particularly important. Must be based on the "property management regulations" article eighteenth of the owners' meeting can be in the form of collective discussion, but also in the form of written comments.

There are more than two houses in the same property management area, and several owners' representatives can be elected to participate in the owners' meeting by building, unit and floor. If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall solicit the opinions of the owners they represent on the matters to be discussed at the meeting of the owners' congress in advance. If a vote is required, the owner's representative shall truthfully reflect the opinions of approval, opposition or abstention when voting at the owners' meeting, and sign it.

Nineteenth owners' meeting should be attended by owners whose exclusive parts account for more than half of the total area of the building 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 in writing.

Second, in the bidding process, the owner's right to know must be guaranteed.

(1) If a meeting of the owners' assembly is held in the form of written comments, the owners' committee shall publicize the resolution of the owners' assembly to all owners before bidding;

(2) In the process of bid evaluation, the on-site defense can be made public and the owner can attend;

(3) After the bid evaluation, the owners' committee can publicize the bidding process and the bid evaluation report submitted by the bid evaluation committee to all owners;

(4) After the winning bidder is determined, the owners' committee shall publicize its basic information and the main contents of the property service contract determined by it to all owners in a prominent position in the property management area, such as service content, scope, standard and price.

Three. Filing before bidding

Before bidding, the industry committee, as the executive body of the owners' meeting, shall go to the district/county land resources and housing administration for the record. When filing, the following materials shall be submitted:

(1) resolution of the owners' meeting;

(2) A tender announcement or an invitation to bid;

(3) Bidding documents;

(4) Other materials as prescribed by laws and regulations. If the owners' committee entrusts a bidding agency to conduct bidding, it shall also submit a power of attorney signed by both parties.

Four, after the replacement of the property company needs to hand over the information.

According to the relevant regulations, when a new property service enterprise undertakes the property, it shall go through the property acceptance formalities with the owners' committee. The information handed over includes:

(1) Completion acceptance data such as completion general plan, single building, structure and equipment completion drawings, supporting facilities and underground pipe network drawings;

(2) Technical data such as installation, use and maintenance of facilities and equipment;

(3) Property quality warranty documents and property use instruction documents;

(4) Other materials required for property management, such as agreements and contracts signed with water supply, power supply, gas supply, security, cable TV and other units, and various property service creditor's rights and debts account books.

When the prophase realty service contract is terminated, the prophase realty service enterprise has handed over the above information of the owners' committee. If there is no transfer, you can ask them for it; If it is because of the developer, you can claim compensation from the developer and solve it through legal channels if necessary.

Five, the original property company refused to quit, can be forced to quit through the court.

According to the provisions of Article 77 of the Property Management Regulations, in violation of these regulations, if a property service enterprise commits one of the following acts, it shall be punished by the real estate administrative department of the county (autonomous county) where the property is located:

(III) After the owners' meeting selects a new realty service enterprise according to law, if the original realty service enterprise fails to withdraw from the realty management area as required, it shall be ordered to withdraw within a time limit; If you don't quit within the time limit, you will be fined more than 50,000 yuan150,000 yuan, and the administrative department that issued the qualification certificate will lower the qualification level or cancel the qualification;

(four) did not fulfill the relevant obligations when leaving office, shall be ordered to make corrections within a time limit, and shall not participate in property management bidding activities within one year.

As a kind of commercial public affairs management, traditional administration has greatly reduced its restriction and influence, and it is increasingly powerless to many disputes and disputes, which have gradually entered the litigation process. Are the owners and the property management company different laws? Wrestling? . The owner has exclusive ownership of his own room, but only the ownership of those green spaces, elevators and other ancillary facilities of the building.

Therefore, a single owner can't obtain an effective plaintiff status for the problems related to residential property, such as the occupation of residential green space and the lack of ventilation of elevators, so he can't claim rights in his own name. In the competition with the property management company, this has become the innate nature of the owners? Soft rib? . Therefore, owners' rights protection must be carried out through the owners' congress and the owners' committee, the executive body elected by the owners' congress, to replace the property service company according to law and safeguard their own rights and interests.