Can Pujiang Ming Di Owners' Meeting hold another owners' meeting to vote on the winning property?

Owner calls to inquire: There is a handover dispute between the winning property selected by Pujiang Ming Di Owners' Meeting through public bidding and the previous property. Can the owners' meeting convene the owners' meeting again to vote on the winning property? The rules of procedure of the owners' congress stipulate that the same issue shall not be voted within six months. When does the six-month period start?

The expert replied:

After the Pujiang Ming Di Owners' Congress selects a property company through public bidding, it can only be implemented in accordance with the bidding regulations and the signed property service contract. Pujiang Ming Di Owners' Congress has no right to unilaterally change the contents of the bidding documents and the property service contract, otherwise it is a breach of contract and needs to bear the liability for breach of contract according to law.

If the owners of Pujiang famous mansion have objections to the bidding process of the owners' meeting or the resolutions of the owners' committee, they can only cancel the resolutions of the owners' meeting and the owners' committee and terminate the property service contract through litigation.

If the winning property fails to perform its contractual obligations in accordance with the property service contract, it is a breach of contract and shall bear the liability for breach of contract according to law. The owners' congress may, according to the contract, terminate the property service contract through the resolution of the owners' congress.

Therefore, according to the provisions of the hiring statute of property service enterprises, it is impossible to hold an interim meeting of the owners' meeting again to vote on the winning property. Unless otherwise specified in the tender documents, the winning property needs to be voted by the owners' meeting. After the winning property signs the property service contract, neither party has the right to change or terminate the contract without authorization.

If the owners of Pujiang Ming Di don't recognize the property that has been selected by the owners' meeting through bidding, they can only decide whether to pursue the liability for breach of contract of the new property according to whether the new property can fulfill its contractual obligations in accordance with the property service contract and bidding documents until the contract is terminated.

In addition, the owners can also request the court to cancel the resolutions of the owners' meeting and the owners' committee through legal proceedings if there is sufficient evidence to prove that the bidding procedure is illegal or the procedures of the owners' meeting are illegal, and judge the winning bid result and the property service contract invalid.

Therefore, there is no question in this case whether an interim meeting of the owners' meeting can be held to decide whether the new property will stay or not. In any case, the owners have no right to vote again on the resolutions of the owners' congress that have come into effect. For the resolution passed by the owners' meeting, it is not allowed to vote again within 6 months, only the voting items such as the rules of procedure and rules and regulations of the owners' meeting can be changed, and an interim meeting of the owners' meeting can be convened again. The temporary meeting of the owners' meeting only changed the relevant documents of the owners' meeting.

If more than 20% of the owners require amendments, or the owners' committee deems it necessary to amend the rules and regulations of the owners' meeting, an interim meeting of the owners' meeting can be held six months later to make amendments. The six-month period here is counted from the date when the last owners' meeting made a decision on the same topic.

The temporary meeting of the owners' congress has no right to make a decision on the handover of old and new properties in Pujiang Ming Di. However, the temporary meeting of the owners' congress or the owners can request the court to judge the property selected by the owners' congress and the owners' committee invalid through legal proceedings, revoke the winning bid result and terminate the property service contract signed by the owners' committee. There is no other way.

If the so-called temporary meeting of the owners' congress is held, assuming that the so-called proposal of re-leasing the property is passed and the bid-winning result is cancelled unilaterally, the owners' congress will bear the liability for breach of contract according to the bidding law and contract law and need to compensate all the losses of the winning property.

At present, when the old and new properties are deadlocked, if the owners' meeting and the owners' committee do not need to bear the responsibility for the loss of the new property, all the responsibilities will be borne by the old property. However, if an interim meeting of the owners' meeting is held and the so-called decision to re-lease the property is passed, the losses may need to be compensated by the owners' meeting.

It is suggested that the owners' meeting and the owners' committee strictly abide by the provisions of the Bidding Law and the Property Law, and confidently support the winning property to perform its property management duties according to law. After the new property has fulfilled the property service contract for six months, it can also be professionally evaluated to determine whether the contractual obligations have been fulfilled according to the contract and whether the property service is in line with the contract. When the owners' meeting judges whether the new property is qualified, it can be justified.