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What should the property company do to renew the contract with the industry Committee?

Legal analysis

Before the signing of the realty service contract, preparation is the main task. First of all, according to the previous realty service contract and the owners' temporary statute, the realty service contract should be formulated, revised and re-agreed, and the realty service contract and the owners' management statute should be formulated and reported to the owners' committee for approval. After approval, the industry committee will sign a property service contract with the property management enterprise selected by the owners' congress on behalf of the owners. The specific procedure of the contract renewal process 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. If the property contract is not renewed after the expiration due to the failure to establish the owners' committee, the factual property service relationship shall be recognized when the property contract is renewed. During this period, although the original property contract has expired, the owner has enjoyed the property service and still needs to pay the property fee.

legal ground

Article 277 of the Civil Code of People's Republic of China (PRC) * * * Owners may set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations. The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee. Article 278 The following matters shall be decided by both owners: (1) Formulating and amending the rules of procedure of the owners' congress; (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.