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The process of property dissolution by the industry Committee

Legal analysis

Procedures for the Industry Committee to dissolve the property: (1) The property contract will not be renewed when it expires: the property service contract will not be renewed when it expires, and the owners' committee will notify the property company in writing. (2) Termination of the agreement: 1. The owners' committee reached a consensus with the property company to terminate the property contract; 2. The contract has not expired, but there are reasons for the termination of the property contract, which can be directly terminated according to the contract. (3) Legal termination: In any of the following circumstances, the owners' committee may notify the property management company to terminate the contract. If the property management company has any objection, the owners' committee may bring a lawsuit to the local court, and a new property management company will be hired after the judgment of dissolving the property contract becomes effective: 1. The purpose of the property contract cannot be achieved due to force majeure or breach of contract by the property management company; 2. The property company fails to perform its main contractual obligations; 3. The property management company delays the performance of its main contractual obligations and fails to perform them within a reasonable period after being urged. (4) Selecting a new property management company: 1. Authorize the owners' committee or entrust a bidding agency to organize bidding; 2, determine to take public bidding or invitation to bid; 3. 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; 4. The owners' committee signed a property contract with the property company, arranged the handover procedures for the new and old property companies, and the new property company entered the site.

legal ground

Regulations of People's Republic of China (PRC) Municipality on Property Management

Article 10 Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located, or the neighborhood offices and township people's governments, set up owners' meetings and elect owners' committees. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.

Article 11 The following matters shall be decided by the 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; (five) to raise and use special maintenance funds; (six) the renovation of buildings and their ancillary facilities; (seven) other major matters related to the ownership and management rights of * * *.