Can the owners' committee request the court to confirm that the property service contract is invalid?

After signing a property service contract with the residential area, the property management company of a residential area "subcontracted" all the property services to another B property management company, and Company A also subletted the property management premises to Company B.. Members of the owners' committee of this residential area learned privately from the employees of Company A that the Entrustment Contract between Company A and Company B stipulated that after Company A collected the monthly property fee of this residential area, it would take 20% as the "entrustment fee", and Company B actually got 80%. Coupled with the "rent" paid by company B, company A can easily earn the "price difference" of property fees in this community without doing anything at all. So, how does the law stipulate this?

The lawyer replied.

China's "Property Management Regulations" stipulates that a property service enterprise may entrust the special service business within the property management area to a professional service enterprise, but may not entrust all the property management within the area to others. At the same time, the judicial interpretation made by the Supreme People's Court also clearly stipulates that the entrustment contract signed by the above-mentioned property service enterprises to entrust all the property service businesses in the property service area to others is invalid.

Legal link

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.

Article 2 In any of the following circumstances, the people's court shall support the request of the owners' committee or the owners to confirm the invalidity of the contract or the relevant provisions of the contract:

(1) The entrustment contract in which the realty service enterprise entrusts all realty service businesses in the realty service area to others; (2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.