Job Recruitment Website - Property management - What is the procedure for changing a property company?
What is the procedure for changing a property company?
First, the owners' meeting decided
First of all, the owners' meeting needs to make a decision to change the property company. This is usually achieved by voting to ensure that the wishes of most owners are reflected. The decision of the owners' congress shall comply with the provisions of relevant laws and regulations and regulations on community management.
Two, the termination of the existing property service contract
After the decision is passed, the owners' committee needs to negotiate with the existing property company to terminate the property service contract. This usually involves the specific terms of the termination of the contract, the liability for breach of contract and the handover of property and other related matters. Both parties shall ensure the smooth termination of the contract through friendly negotiation.
Third, hire a new property management company
After the termination of the existing property service contract, the owners' committee needs to select a new property company. This can be done through public bidding, invitation bidding or competitive negotiation. In the process of hiring, we should fully consider the service quality, management level, charging standards and other factors of the property company to ensure that the right property company is hired.
Fourth, sign a new property service contract.
After hiring a new property company, the owners' committee needs to sign a new property service contract with it. The contract shall specify the rights and obligations of both parties, service scope, charging standards and liability for breach of contract, so as to ensure that the service quality and community management level of the new property company are effectively guaranteed.
Verb (abbreviation of verb) property transfer
Finally, the property should be handed over. This includes the inventory of residential facilities and equipment, file transfer and financial settlement and other related matters. During the handover, the owners' committee, existing property companies and new property companies shall participate in the handover to ensure the smooth handover.
To sum up:
Changing a property company needs to follow certain procedures, including the decision of the owners' meeting, the dissolution of the existing property service contract, the selection of a new property company, the signing of a new property service contract and the handover of the property. These procedures are aimed at ensuring the legitimacy and fairness of property rights trading companies, protecting the rights and interests of owners and the normal operation of communities.
Legal basis:
property management regulations
Article 1 1 stipulates:
The meeting of the owners' congress may take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of owners in the property management area.
property management regulations
Article 38 provides that:
When the realty service contract is terminated, the realty service enterprise shall return the property management house and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee.
When the realty service contract is terminated, if the owners' congress selects a new realty service enterprise, the realty service enterprise shall do a good job of handover.
Contract law of the people's Republic of China
Article 93 provides that:
The parties may terminate the contract if they reach an agreement through consultation.
The parties may stipulate the conditions for one party to terminate the contract. When the conditions for contract termination are met, the creditor may terminate the contract.
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