What are the procedures for changing a property company?

The conditions for replacing the realty service enterprise are:

1, legally terminated. That is, when the property service enterprise loses certain business qualifications and business qualifications, the signed property management entrustment contract is automatically terminated.

2. The agreement is terminated. When it is necessary to change the realty service enterprise due to the reasons stipulated in the realty management entrustment contract, it can be directly carried out by the owners' committee according to the stipulations of the realty management entrustment contract, or it can be terminated with the realty service enterprise after specific operations according to the complaints of the owners or users of the property.

Article 76 of the Property Law and Article 11 of the Property Management Regulations agree that the exclusive part accounts for more than half of the total construction area and more than half of the total number of owners.

The construction area of the exclusive part of the property owned by the owner shall be calculated according to the construction area recorded in the property ownership certificate held by the owner; For the real estate that has been sold but has not been registered for real estate ownership, it shall be calculated according to the construction area determined in the commercial housing sales contract. The number of owners is calculated according to the number of real estate warrants, and one warrant counts as one owner. For the real estate that has been sold but has not been registered for real estate ownership, the number of owners shall be calculated according to the number of commercial housing sales contracts, and one contract shall be counted as the number of owners; For unsold properties, the construction unit is counted as an owner. The owners' congress shall decide the following matters before replacing the property company:

(1) resolution of the owners' meeting; If the owners' congress decides to hire other realty service enterprises, it shall promptly inform the original realty service enterprises in writing after making the resolution.

(2) authorize the owners' committee or entrust a bidding agency to organize bidding;

(3) Deciding to adopt public bidding or inviting bidding;

(4) After authorizing the owners' committee to directly determine the list of candidates recommended by the bid evaluation committee, the owners' congress will finally determine the winning bidder;

(5) the price range or level of property services. The replacement of property management companies is extremely difficult and risky, and there is sufficient mass base and legal basis for the replacement of property management companies. In this process, the convening and resolution of the owners' meeting is particularly important. The meeting of the owners' congress may take the form of collective discussion or written comments.

There are more than two houses in the same property management area, and several owners' representatives can be elected to participate in the owners' meeting by building, unit and floor. If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall solicit the opinions of the owners they represent on the matters to be discussed at the meeting of the owners' congress in advance. If a vote is required, the owner's representative shall truthfully reflect the opinions of approval, opposition or abstention when voting at the owners' meeting, and sign it.

The owners' meeting shall be attended by owners whose exclusive parts account for more than half of the total building area and more than half of the total number of owners in the property management area. The owner may entrust an agent to attend the meeting of the owners' congress in writing. 1. If a meeting of the owners' assembly is held in the form of written comments, the owners' committee shall publicize the resolution of the owners' assembly to all owners in a prominent position in the property management area before bidding;

2. In the process of bid evaluation, the on-site defense can be made public and the owner can attend;

3. After the bid evaluation, the owners' committee may publicize the bidding process and the bid evaluation report submitted by the bid evaluation committee to all owners;

4. After the winning bidder is determined, the owners' committee shall publicize its basic situation and the main contents of the property service contract determined by it to all owners in a prominent position in the property management area, such as service content, scope, standard and price.

Before bidding, the industry committee, as the executive body of the owners' meeting, shall go to the district/county land resources and housing administration for the record.

When filing, the following materials shall be submitted:

1, resolution of the owners' meeting;

2. Tender announcement or invitation to bid;

3. Bidding documents;

4. Other materials as prescribed by laws and regulations.

If the owners' committee entrusts a bidding agency to conduct bidding, it shall also submit a power of attorney signed by both parties.

According to the relevant regulations, when a new property service enterprise undertakes the property, it shall go through the property acceptance formalities with the owners' committee.

The information handed over includes:

1, completion site plan, single building, structure, equipment completion, supporting facilities, underground pipe network engineering drawings and other completion acceptance data;

2, installation, use and maintenance of facilities and equipment and other technical information;

3, property quality warranty documents and property use documents;

4. Other materials required for property management, such as agreements and contracts signed with water supply, power supply, gas supply, security, cable TV and other units, and various property service creditor's rights and debts account books.

When the prophase realty service contract is terminated, the prophase realty service enterprise has handed over the above information of the owners' committee. If there is no transfer, you can ask them for it; If it is because of the developer, you can claim compensation from the developer and solve it through legal channels if necessary. According to the provisions of Article 77 of the Dongguan Property Management Regulations, if a property service enterprise violates the provisions of these regulations and commits one of the following acts, it shall be punished by the real estate administrative department of the county (autonomous county) where the property is located:

(III) After the owners' meeting selects a new realty service enterprise according to law, if the original realty service enterprise fails to withdraw from the realty management area as required, it shall be ordered to withdraw within a time limit; If you don't quit within the time limit, you will be fined more than 50,000 yuan150,000 yuan, and the administrative department that issued the qualification certificate will lower the qualification level or cancel the qualification;

(four) did not fulfill the relevant obligations when leaving office, shall be ordered to make corrections within a time limit, and shall not participate in property management bidding activities within one year.

As a kind of commercial public affairs management, traditional administration has greatly reduced its restriction and influence, and it is increasingly powerless to many disputes and disputes, which have gradually entered the litigation process. Owners and property management companies are a legal "wrestling" with great disparity in strength. The owner has exclusive ownership of his own room, but only the ownership of those green spaces, elevators and other ancillary facilities of the building.

Therefore, individual owners can't obtain effective plaintiff status and claim rights in their own name for the problems involved in residential property, such as green space occupation and elevator ventilation, which has become the inherent "soft rib" of owners in the competition with property companies.

Therefore, owners' rights protection must be carried out through the owners' congress and the owners' committee, the executive body elected by the owners' congress, to replace the property service company according to law and safeguard their own rights and interests. It is generally necessary to submit it now and then go through the relevant formalities.

Specific steps:

1. To apply for a change of legal person, you need to hold the application materials to the real estate management window of the administrative service center of the district (city) county government where the enterprise is registered.

Second, the change procedures required materials:

1, property service enterprise qualification change declaration form (original 1 copy);

2, enterprise qualification certificate (original and copy);

3. Business license of enterprise legal person (one original and one copy);

4 reasons for the change (one original).