Job Recruitment Website - Property management - How to replace the residential property when it expires?
How to replace the residential property when it expires?
1, the owners' meeting decided to change the property company according to law;
2. Inform the existing property company in writing 60 days in advance;
3. If the termination of the contract causes losses to the property company, the owner shall compensate unless it is not attributable to the owner;
4. If the owner fails to decide to renew or hire another property service provider according to law, the property management company can continue to provide services, and the original contract will remain valid, but the service period is indefinite;
5. The parties may terminate the irregular realty service contract at any time, but they shall notify the other party in writing 60 days in advance.
Rights and obligations of property management:
1. The property management company has the right to provide property services to the owners and users according to the provisions of the property management contract and relevant laws and regulations, and charge corresponding property management fees;
2. The property management company shall perform the services stipulated in the property service contract to ensure the environmental sanitation and public order in the property management area;
3. The property management company has the obligation to carry out daily maintenance and management of public facilities and equipment in the property management area to ensure their normal use;
4. The property management company shall abide by the laws and regulations of the state on property management, safeguard the legitimate rights and interests of the owners, and shall not harm the interests of the owners;
5. In case of emergency, the property management company shall promptly organize emergency repair and take measures to prevent the loss from expanding.
To sum up, the replacement of residential property requires the owners' meeting to decide and notify the existing property in advance to compensate for possible losses; If the new property is not decided according to law, the original contract will be changed to indefinite and can be dissolved at any time, but it needs to be notified in advance.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 278
The following matters shall be decided by the owners: (1) to formulate and revise the rules of procedure of the owners' meeting; (2) Formulating and amending management regulations; (three) to elect the owners' committee or replace the members of the owners' committee; (four) the selection and dismissal of property services companies or other management personnel; (five) the use of funds for the maintenance of buildings and their ancillary facilities; (six) to raise funds for the maintenance of buildings and their ancillary facilities; (seven) renovation of buildings and their ancillary facilities; (eight) change the use of * * * or use * * to engage in business activities; (nine) other major matters related to the management rights of * * * and * * *. The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.
Article 946
If the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract. If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.
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