What is the procedure for the owner to drive the property away?

According to China's property management laws and regulations, the owners' committee is the exerciser of the right to hire property management companies in the property area, and the owners' committee is also the main body with the right to change the property management companies, so the owners demand to change the property management companies.

Industry, must pass the owners' management committee and perform certain procedures before implementation.

1. Procedures required for statutory change of property management companies.

When the property management enterprise has the legal conditions to replace the property management enterprise, that is, the property management enterprise loses certain business qualifications and business qualifications, the property management entrustment contract signed with the owners' committee or the owners will automatically terminate, and the owners' committee can re-select a new property management enterprise through bidding according to the conditions and procedures for selecting and hiring the property management enterprise.

2. Agree to change the conditions and procedures required by the property management enterprise.

When it is necessary to replace the property management enterprise due to the reasons stipulated in the property management entrustment contract, the owners' committee can directly carry out it according to the stipulations of the property management entrustment contract, or the owners' committee can terminate the contract with the property management enterprise after specific operations according to the complaints of the owners or property users. The owners' committee may employ property management personnel according to law.

Conditions and procedures for managing enterprises, and re-select new property management enterprises through bidding.

One, property public prosecution in any of the following circumstances, can be regarded as mismanagement:

1. Failing to issue and review parking vouchers as required;

2. The parking facilities are not perfect;

3. Failing to take appropriate measures to stop and report to the police when others are found to have damaged, stolen or robbed vehicles;

4. Failing to provide vehicle parking services in accordance with the publicized vehicle management system;

5. Other circumstances that should bear civil liability. Property management companies that have evidence to prove that parking permits have been issued in accordance with regulations, or have taken appropriate measures to stop others from stealing, robbing or damaging vehicles, will not be liable for compensation.

Second, the conditions for the establishment of industry committees

1, the occupancy rate of the community must reach at least 50%.

2. The first batch of properties have been delivered for more than 2 years, and the occupancy rate of the community is over 30%.

3. The first batch of properties have been delivered for 3 years or more.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 469 The parties may conclude a contract in writing, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.

Article 470 The contents of a contract shall be agreed upon by the parties, and generally include the following clauses:

(1) The name and domicile of the party concerned;

(2) Subject matter;

(3) quantity;

(4) quality;

(5) Price or remuneration;

(6) Time limit, place and method of performance;

(7) Liability for breach of contract;

(8) Methods for resolving disputes.

The parties may conclude a contract by referring to the model texts of various contracts.