Job Recruitment Website - Property management - Do I need to re-sign a service contract to change the property?
Do I need to re-sign a service contract to change the property?
1. The subject of the contract has changed, so it is necessary to re-sign the property contract. When hiring a new property company, the owners' committee shall come forward to sign a contract with the property company. The conditions for the contract to take effect are:
(1) The parties concerned have corresponding capacity for civil conduct;
(2) The intention of the parties is true;
(three) does not violate the law or public interest;
(4) The subject matter of a contract should be clear and possible.
Owners need to change the property company, it shall convene a general meeting of owners, which shall be decided by collective agreement or written vote. Owners have no right to unilaterally sign property contracts with property companies, which shall be signed by the owners' committee.
2. Legal basis: Article 937th of the Civil Code of People's Republic of China (PRC).
A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee. Property service providers include property service enterprises and other managers.
2. What are the conditions for prosecuting service contract disputes?
The conditions for prosecution of service contract disputes are:
1. The plaintiff must be a citizen, legal person or other organization that has a direct interest in the case;
2. There is a clear defendant;
3, there are specific claims, facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
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