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Do I need to inform the owner when changing the property company?
Subjectivity of the law: Some property buyers find that the property management in the residential area is particularly chaotic after buying a house, and the residents in the residential area are not satisfied with the services of the property company. Then can they change to a property company? According to the relevant provisions of China's "Property Management Regulations", the owners' congress has the right to decide to hire and dismiss property management enterprises. Before the owners' meeting selects and hires a property management enterprise, if the construction unit selects and hires a property management enterprise, it shall sign a written preliminary property service contract. The prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty management enterprise comes into effect before the expiration of the term, the prophase realty service contract shall be terminated. When the property management enterprise meets the legal conditions for replacing the property management enterprise, that is, when the property management enterprise loses certain business qualification and business qualification, the property management entrustment contract signed with the property management committee or the owner is automatically terminated, and the owner committee can re-select a new property management enterprise through bidding according to the conditions and procedures for selecting and hiring the property management enterprise. So what is the procedure for changing a property management company? (1) authorize the owners' committee or entrust a bidding agency to organize bidding; (2) to determine whether to adopt public bidding or invitation bidding; (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; Legal objectivity: Article 278 of the Civil Code of People's Republic of China (PRC) stipulates that the following matters shall be decided by the owners: (1) Formulating and amending 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.
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