Conditions for terminating the property contract

1. Can individual owners terminate the property contract?

According to China's relevant regulations, owners can set up owners' meetings and elect owners' committees. The relevant departments of the local people's government shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee, and the following matters shall be decided by the owners:

(a) to formulate and amend the rules of procedure of the owners' congress;

(two) to formulate and modify the management regulations of buildings and their ancillary facilities;

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

(four) the selection and dismissal of property services companies or other management personnel;

(five) to raise and use funds for the maintenance of buildings and their ancillary facilities;

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

(seven) other major matters related to the management of * * * and * * *.

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of 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. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of 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.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.

Second, what is a property service contract?

(a) the realty service contract refers to the realty service enterprise and the owners' committee, which stipulates that the realty service enterprise shall carry out professional maintenance, conservation, management and maintenance of the environmental sanitation and public order in the relevant areas, and the owners shall pay remuneration.

(B) the characteristics of the property service contract

1. The property service contract is a civil contract based on equality and voluntariness. Traditionally, the property service contract is also called the property management contract, but it is essentially different from the administrative contract signed by the administrative organ with the relevant units to realize the administrative authority.

2. Property service contract is a special entrustment contract. The property service contract is based on the entrustment of the owners' congress and the owners' committee, but it is different from the general entrustment contract. According to Article 919 of the General Principles of Civil Law of People's Republic of China (PRC): "An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs." The entrustment contract is based on mutual trust. Either party to the entrustment contract loses trust in the other party and can terminate the entrustment relationship at any time. During the performance of the realty service contract, the realty company, the owners, the owners' assembly and the owners' committee are not allowed to terminate the realty service contract without authorization on the grounds of distrust, and the realty service contract can be terminated according to law only if the termination conditions stipulated by law or agreed in the contract are met. In addition, the entrustment contract can be paid, unpaid, oral and written, but the property service contract can only be written and paid.

3. Property service contract is a contract with labor as the subject matter. The obligation of the realty service enterprise is to provide labor services such as house maintenance, equipment maintenance, public security, sanitation, landscaping, etc. as agreed in the contract. Property service enterprises have the right to receive remuneration after completing the agreed obligations. There are also essential differences between property service contracts and contracts involving the provision of labor services. A contract is a contract in which the contractor completes the work according to the requirements of the customizer, delivers the work results, and the customizer pays the remuneration. Although the contract also involves the provision of labor services, the labor services provided by the contractor are only means, not the purpose of the contract. The contractor should use his services to produce some materialized results and bear the risks in his work. If the contractor fails to complete the work, he shall not ask for remuneration. Property service contracts take specific services as their content. As long as the realty service enterprise completes the agreed service behavior, the remaining risks shall be borne by the owner.

4. Property service contracts are agreed contracts, paid contracts, bilateral contracts and compulsory contracts. The owners' committee and the realty service enterprise reach an agreement on the terms of the contract to establish the realty service contract, without taking the actual delivery of the property as an important element. The realty service enterprise is a profit-making enterprise legal person who obtains a business license, participates in market competition, operates independently and is responsible for its own profits and losses. There is no free property service, so the property service contract is a paid contract. According to the content of the realty service contract, the owners, owners' congress, owners' committee and realty service enterprise all enjoy the rights and perform their obligations, so the realty service contract is a two-way contract. The comprehensive service scope of the property service contract is wide, the interests are significant, and the performance period of the contract is relatively long. In order to avoid the weakness that oral contracts are difficult to obtain evidence, the property management regulations clearly require that property service contracts should be concluded in written form and reported to the property management administrative department for the record, so they are necessary contracts.

3. What are the main terms of the realty service contract?

Generally speaking, the main terms of a property management contract are composed of the following aspects:

1, the basic situation of the parties and the property, mainly to confirm and record the qualifications of both parties and the basic situation of the property management activities.

2. The rights and obligations of both parties are mainly the terms that the owner or user pays the property management fee and the property management company provides corresponding services. This is the most important clause in the property management contract, and the specific content varies with different types of management projects. Generally speaking, there is a difference between property management which focuses on management services and property management which pays equal attention to rental operation and entrusted management.

3. Property management service and service quality. This is generally agreed by the parties themselves, and most local laws and regulations stipulate the bottom line, but the situation stipulated in various places is uneven. It can be referenced that the International Health Organization (WHO) has formulated standards for safe, healthy, convenient and comfortable living environment for the management of all buildings, which can be summarized as: (1) fire prevention, such as strengthening the management of fire-fighting equipment and facilities; (2) Cleaning and maintenance, regularly cleaning up garbage, cleaning ditches, cleaning external walls, etc. ; (3) Maintenance of public facilities, maintenance of hydropower machinery, and regular inspection of public elevators and air-conditioning equipment; (4) Arrange flowers and trees, trim flowers and trees, and replace litter at any time. These four benchmarks should also be the standard requirements of property management.

4. Standards and collection methods of property management service fees. Property management contracts are all paid contracts, so the price and remuneration clauses are natural main clauses.

5, the use of property management services, management and cost sharing methods. This is a special clause in the property management contract, mainly to facilitate the property management unit to fulfill its management obligations.

6, maintenance fee collection and terms of use. Maintenance fees are generally independent of property management service fees, and their collection methods are mainly agreed by both parties to the contract.

7. The term of validity of the contract, the termination of the contract and related matters after the termination of the contract are mainly the transfer of real estate information. There is a difference between the termination of property management services and the termination of general contracts. Under normal circumstances, both parties to a property management contract may not terminate the contract at any time. If one party proposes to terminate the contract within the term of the contract, it must negotiate according to the specific terms of the contract, reach an agreement through negotiation or the court or arbitration institution shall confirm the validity of the termination of the contract.

8. Liability for breach of contract and dispute settlement methods. Although the property management relationship only takes effect between the owner, the user and the property management company, due to the particularity of the property management relationship, the neighborhood Committee, urban construction department and municipal departments where the property is located also enjoy certain administrative management and supervision functions, so the dispute settlement and dissolution of the property management relationship is different from other contracts.

9. Other major clauses agreed by both parties according to specific conditions. Therefore, compared with other contracts, the property management contract has its particularity in many aspects, but in theory and practice, scholars and judges have not paid corresponding attention to it. At present, there are two popular views on the nature of property management contract, that is, property management contract is a kind of entrustment contract, or property relationship is a special type of agency system in civil law, and property management contract is also a contract to establish agency relationship. These two views will be reviewed separately below.

Because the property contract involves all aspects of the owners' rights and interests, when the property contract infringes on the legitimate rights and interests of individual owners, the owners may request the people's court to cancel the property contract.