Property disputes occur frequently. Can the owner change the property management company?

Can the property management company be replaced if it is not satisfied? How to change the property management company? Many people are full of resentment when they mention property. As owners, do they have the right to choose their own property management company?

A series of laws, regulations and policies on property management promulgated by the Ministry of Construction, the competent department of property industry and relevant government departments have played a great role in standardizing the property management market and promoting healthy development, making property management a "qualitative" leap.

First, speed up the construction of owners' committees and give full play to the role of industry committees.

The National Conference on Property Management pointed out that if the occupancy rate of newly-built residential quarters reaches 50% and the sale of old public houses reaches more than 30%, the property management department should coordinate in time and guide the work of the owners' committee. This work has become the top priority of the property management system.

Second, it is necessary to introduce a competitive mechanism, bid for property management, and change the previous self-built and self-managed model. In his speech, Song Chunhua clearly pointed out that under the guidance and supervision of the competent authorities, development enterprises will open tenders to the public before renting or selling houses, and the competent authorities shall not issue pre-sale permits to projects that have not been confirmed by tender.

Only these two policies have greatly promoted the marketization process of property management, so that the replacement of property management enterprises once became the "focus" of the industry. But now, with the change of people's concepts, this behavior has become a normal phenomenon in the industry and will become more common in the future. Our company has conducted in-depth research on the issue of "replacement", and there are also many cases and practices. Since 1999, there have been seven replacement incidents, all of which participated in the formulation of the replacement plan. At present, there is no industry standard model and corresponding laws and regulations for property management in Beijing, so let's talk about it here as a discussion. Changing property management companies will focus on the following points:

(a) the legitimacy of the replacement procedure. The residential property management committee is an unincorporated organization representing the interests of the owners and users of residential areas, and is responsible for supervising and inspecting the residential property management. It is the key to solve the problem of residential property management. Therefore, it is necessary to confirm the legal status of the owners' committee according to law. The other is about replacement, which must be approved by the community owners' meeting. On the premise of ensuring the support of the majority of owners and users, the owners' meeting will be held to form a resolution, so that the action of replacing the property company has sufficient mass basis and legal basis.

(2) It is particularly important to obtain the support of relevant parties and middle-level three parties for the smooth replacement, and to reconcile the relationship between relevant units, including the relationship between developers, industry committees, original property management enterprises and new property management enterprises, and to reach consensus as much as possible. China's support mainly refers to legal advisers, providing legal support. Property management consultants and financial consultants provide professional support. Government departments, providing policy support, getting guidance and support, can not be ignored.

(III) Handover design of each link of replacing the property management company The replacement of the property management company is extremely difficult and has certain risks, so that the behavior of replacing the property management company has sufficient mass basis and legal basis.

First of all, we should hold a meeting of owners, do a good job of confidentiality, and prevent a management vacuum during the transition period. At the same time, we should also avoid the revision of financial accounts and the transfer of funds, which will harm the interests of property owners and users.

Secondly, report the opinions and arrangements of changing the property management company to the community office for guidance and support. It is very difficult to cancel the original property management. In case of refusing to hand over the property, it is necessary to ask the competent government department to coordinate. Handover is a tedious and meticulous work. Carefully arrange the handover content and timetable to make the work orderly and clear, and minimize the probability of damaging the interests of the owners and users.

(IV) Handover Contents Handover involves many contents: design scheme, supporting facilities, operation records, external network connection, fixed assets, management fee balance, management fund, etc. The specific chunks are as follows:

(1) Project handover: electrical, HVAC, civil engineering, etc. Are made up of professionals. Refer to the national and industrial standards, specifications and design requirements, check the terms in the receiving work item by item to ensure that all indicators meet the standards.

(2) Financial handover: Before the formal handover, both parties should make full preparations to hand over their business counterparts.

(3) Document handover: The key documents in the document are various legal texts and commitment texts, especially signature and filing.

(4) Other handover: including post handover, personnel arrangement, labor relations, etc. , and do a good job of confirmation and signature.

(five) to prevent risks and avoid affecting the work and life of the owners or users. In the process of changing property management companies, there are five kinds of "risks" that often appear:

(1) The original property management enterprise refused to quit, which made it difficult for the new property management enterprise to enter.

(2) The original property management enterprise proposed high external compensation.

(3) the handover is not coordinated, resulting in the inability to continue the property management work.

(4) Due to the management vacuum, some owners hold different opinions on the replacement, which even leads to heckling the owners' committee.

(5) institute legal proceedings. It is not a bad thing to bring legal proceedings, but objectively it has caused twists and turns to the handover work. Beijing's property industry has developed less than ten years, and many irregularities are also true. When the behavior of changing property management companies has just broken ground, it is even more inevitable that it is not standardized. For the current situation of changing property management companies, it is necessary to conduct case analysis and treat them differently according to different problems. It is believed that with the continuous exploration, accumulation and communication, some problems in the development of the industry will follow the rational and standardized road.

(The above answer was published on 20 15- 12-28, and the current relevant housing purchase policy should be based on the actual situation. )

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