Can the owner dismiss the property management company?

A developer hired a residential property company. When the owners moved in one after another, they found that the service quality of the company responsible for residential property management was not high, which did not play a role in maintaining the stable life of the residential area.

The lawn in the community is overgrown with weeds and no one is pruning, and pet feces and domestic garbage can be seen everywhere. The opening hours of the community gate are also unreasonable. It closes at 10: 30 every night, and the owners who come back late have to pay an "opening fee" of 1 yuan every time to enter. At the same time, there are no street lights in the community, and there are almost no people who come out for a walk at night. Everyone will get home before dark unless they have to.

As a result, the community owners' committee informed the property company that it had been dismissed, but the property company said that the time limit for concluding the property management contract was two years, and the owners' committee had no right to dismiss it two years ago. There was an argument between the two sides. So, how does the law stipulate this?

The lawyer replied.

The Property Law stipulates that the owner can manage the building and its ancillary facilities by himself, or entrust the property service enterprise or other managers to manage it. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law. Therefore, in this case, although the property company has been selected by the developer and the contract period is agreed to be two years, according to the law, the owner has the right to change the property company selected by the developer.

Legal link

People's Republic of China (PRC) property right law

Article 75 An owner may set up an owners' meeting and elect an owners' committee.

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.

Article 76 The following matters shall be decided by the owner:

(1) Formulate and modify the rules of procedure of the owners' meeting; (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) hiring property services companies or other management personnel; (five) to raise and use funds for the maintenance of houses and their ancillary facilities; (six) renovation and reconstruction of buildings and their ancillary facilities; (7) Other major matters related to the ownership and management right of * * *.

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.

Eighty-first owners can manage their own buildings and ancillary facilities, but also entrust property services companies or other managers to manage them.

The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.

Article 82 A realty service enterprise or other manager shall, according to the entrustment of the owners, manage the buildings and their ancillary facilities within the building division, and accept the supervision of the owners.