Will the previous property contract expire automatically?

There are two situations when the property contract expires. One is that the owners' committee has not been established in the community, and the residents have no objection to the property management, so the property contract naturally continues to meet the requirements. There is an owners' committee in the community. If the property contract expires, the extension of the contract period must be approved by the owners' committee. The owners' committee can decide whether to continue to use the property company on behalf of the owners. If it is replaced, the contract cannot be extended.

Legal analysis

According to the different stages of service provision, it can be divided into prophase realty service contract and realty service contract. The former refers to the contract signed by the construction unit and the property service enterprise it selected before the property sales, and the latter refers to the contract signed by the legally established owners' committee and the property company selected by the owners' congress when the property delivered by the construction unit reaches a certain amount. When the realty service contract signed by the owners' committee and the realty service enterprise takes effect, the prophase realty service contract is terminated. For newly completed properties, generally, the real estate developer and the property management enterprise sign the entrusted management contract first, and then the owners' committee and the property management enterprise sign the entrusted management contract after the owners' assembly and the owners' committee are established. If the owners' congress decides to hire a new property management enterprise, the owners' committee will no longer renew the entrustment contract with the property management enterprise hired in the early stage; Even if the owners' congress agrees to renew the entrusted management contract with the original property management enterprise selected by real estate developers and involved in the early stage, it may also make some modifications to the original entrusted management contract. It can be seen that the initial entrustment of real estate developers is only a temporary arrangement, and the entrustment of the owners' meeting is the final decision. If the bidding property is adopted, the owners' committee shall directly sign the entrusted management contract with the property management enterprise that won the bid.

legal ground

"Property Management Regulations" Article 10 The owners in the same property management area shall set up the owners' meeting and elect the owners' committee under the guidance of the real estate administrative department of the district or county people's government where the property is located or the subdistrict office or the township people's government. 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.