Continue to serve after the expiration of the property contract.

1. How to renew the property contract when it expires?

The owners' congress shall be established according to the rules of procedure of the owners' congress, and then the owners' congress shall dismiss or hire the property service enterprise according to the property management regulations, or the owners shall renew the contract with the property. The meeting of the owners' congress may be held by 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. The specific procedure is to set up the owners' meeting and renew the contract according to the property management regulations. 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.

Second, how to change the property contract

After the property management enterprise takes over the property, due to other requirements of the owner or changes in the environment, some contents may no longer be in line with reality. At this point, the property management enterprise should negotiate with the owners' committee to modify the entrusted service contract in time.

1, characteristics of property service contract change.

(1) negotiation consistency. That is, the modification of the contract must be agreed by both parties through consultation, and a new agreement must be reached on the basis of the original contract.

② Local variability. That is, the change of the entrusted service contract can only be a partial modification and supplement to the original contract.

③ Relative extinction. The change of the contract inevitably means the emergence of new content, and its performance can no longer be carried out in accordance with the original contract, but should be carried out in accordance with the changed rights and obligations.

2. The elements of the property service contract have changed. To constitute a change in the entrusted management contract, the following formal requirements must also be met.

(1) Existing contractual relationship basis. The change of the contract must be based on the existing contract, otherwise the change problem will not happen.

(2) There is a legal basis or the agreement of the parties. The alteration of the realty service contract can be produced according to law or through consultation between the parties.

(3) The change of the contract has legal form. It should conform to the law in form and substance.

(4) The immaterial clauses have changed. Non-substantive terms refer to the contract terms that will not lead to the disintegration of the original contract relationship and create a new contract relationship, that is, other terms except the subject matter of the contract.

3, the effectiveness of the change of the property service contract.

The parties to a realty service contract shall clearly stipulate the contents of the contract change. If the content of the change is not clear, it can be presumed to be unchanged according to law. Once the entrusted service contract is changed, the parties shall perform the contract according to the changed contents, and any party who violates the changed contents of the contract shall constitute a breach of contract. If the change of the contract causes damage to one party, the other party shall bear the corresponding liability for compensation.

Three, what is the principle of signing a property service contract?

1. Principle of equality of subjects

The parties to a contract have equal legal status, and one party may not impose its will on the other. Any civil subject is also equal in legal personality, enjoys independent personality and is not subject to domination, interference and control by others. Only when the parties to a contract are equal in personality can the legal status of the parties to a contract be equal. Equality between parties to a contract is the inevitable premise and product of commodity economy, and it is also the basic requirement of socialist market economy for transaction order and economic order.

2. Voluntary principle of contract

The parties have the right to voluntarily conclude a contract according to law, and no unit or individual may illegally interfere. The principle of voluntary contract, also known as the principle of freedom of contract, refers to that the parties voluntarily or freely conclude a contract, choose the contract method, decide the contract content, and modify and interpret the contract. The implementation of the principle of voluntary contract does not exclude the appropriate restrictions on contracts by the state.

3. The principle of fairness of rights and obligations

The principle of fairness adjusts the interest relationship between the parties to a contract, limits the abuse of the principle of voluntary contract, and requires formal fairness and substantive fairness. The substantive fairness of a contract means that the rights and obligations of both parties must be roughly equal. For "overlord contracts" and "format contracts" that are obviously detrimental to the rights and interests of the other party in obviously unfair, the parties have the right to request the court or arbitration organ to cancel or change them.

4. The principle of good faith

Also known as the principle of good faith, it is the most basic principle of the civil code. It means that civil subjects should be honest and trustworthy, exercise their rights and perform their obligations in good faith, and must not commit fraud when engaging in civil activities including contractual acts. This principle has three functions: determining rules of conduct, balancing conflicts of interest, and interpreting laws and contracts.

5. Abide by the law and safeguard the principle of social welfare

When concluding and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and shall not disturb social order or harm public interests. This is the basic principle of social life.

When the property contract expires, it can be renewed, or the existing contract can be terminated, and the property company can be re-employed, which is decided by the owners' meeting through collective discussion.

Legal objectivity:

According to Article 947 of the Civil Law of People's Republic of China (PRC), which came into effect on 202 1 and 1, if the owner decides to renew the employment according to law before the expiration of the property service period, he shall renew the property service contract with the original property service provider before the expiration of the contract period. If the realty service provider does not agree to renew the employment before the expiration of the realty service period, it shall notify the owner or the owners' committee in writing 90 days before the expiration of the contract period, unless the notice period is otherwise stipulated in the contract.