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Can the owners vote to "fire" the property management company?
Decision of the State Council Municipality on Amending the Regulations on Property Management. From June 5438+1 October12007, more than half of the owners can agree to the residential affairs decided by the owners, such as selecting and dismissing the property service enterprises, electing the owners' committee or replacing the members of the owners' committee, while in the past, more than two-thirds of the owners needed to agree. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the owners have the right to bring a lawsuit to the court. It is understood that the revision of the Property Management Regulations is based on the Property Law. Among them, the number of seven "major events" decided by the owner has changed. The reporter saw in the "Decision" that in addition to the two decisions of "raising and using special maintenance funds, rebuilding and rebuilding buildings and their ancillary facilities", five "major issues", such as hiring and dismissing property service enterprises, electing owners' committees or replacing members of owners' committees, should be agreed by owners whose proprietary parts account for more than two-thirds of the total construction area and more than two-thirds of the total number, as long as they are agreed by owners whose proprietary parts account for more than half of the total construction area and more than half of the total number. Before the revision, formulate and revise the rules of procedure of the owners' meeting, and select and dismiss property service enterprises. Must be approved by more than two-thirds of the voting rights held by all owners in the property management area. The decision to change a property management enterprise into a "service enterprise" has also expanded the scope of guiding owners to set up owners' meetings and elect owners' committees, stipulating that "owners in the same property management area shall set up owners' meetings and elect owners' committees under the guidance of the real estate administrative department of the district or county people's government where the property is located, or the sub-district office or the township people's government." According to the current property management regulations, the guiding institution is only the real estate administrative department of the county government where the property is located. In addition, according to the relevant provisions of the Property Law, it was decided to change the property management enterprise into the property service enterprise, the owners' convention into the management statute, and the temporary owners' convention into the temporary management statute. Shall not change the public * * * building facilities. According to the Property Law, the State Council has revised the property management regulations for many times, mainly involving owners, owners' congress and owners' committee. Since it is stipulated that the decisions made by the owners' assembly or owners' committee are binding on the owners, in order to prevent such acts from infringing on the rights and interests of the owners, the decision gives the owners whose rights have been infringed the right to obtain judicial relief. The decision stipulates that "if the decision made by the owners' assembly 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." Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners. The realty service enterprise may, according to the entrustment of the owners, provide services other than those stipulated in the realty service contract, and the service remuneration shall be agreed by both parties. Public buildings and facilities planned and constructed within the property management area shall not be changed. If the owner needs to decorate the house, he shall inform the property service enterprise in advance. Personal opinion: In my other post, I strongly call for the establishment of the owners' committee and the dismissal of the property management company! > mentioned that "the current property management pays more attention to service than management, and we pay them to serve us, not for us. Isn't this the money to buy gas? " "The Government's amendment to the Regulation is very correct. The property management company will be changed into a property service company in the future. The change from "management" to "service" is not only a change in name, but also a change in the nature of cooperation. The status of the owners' committee is Party A and the service company is Party B, so we must set up the owners' committee at the end of this year and hire the property service company according to the requirements of the owners.
Hope to adopt
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