Job Recruitment Website - Property management - Developers choose pre-property companies.

Developers choose pre-property companies.

Legal subjectivity:

1. How can the developer terminate the previous property contract?

First of all, we should check whether there is a clause to terminate the contract in the previous property service contract and whether it meets the conditions for terminating the contract; If it meets the requirements, send a letter directly to the developer, usually 1 month in advance, and then agree on the handover time of materials, venues and fees. , and posted a notice to the owner, asking to quit on time.

It will be more troublesome if there is no condition to terminate the contract. At least three months in advance to send a letter to the developer to explain the reasons for withdrawal, and ask the developer to find a new property company as soon as possible to hand over. At the same time, it is necessary to announce that the owners of the community require the establishment of the owners' meeting and hire a new property service company.

Second, what should I do if the property is not renewed?

1, the owner and the property management company negotiate to solve it. The Regulations on Property Management clearly stipulates the rights and obligations among owners, owners' committees and property management companies. Owners and property management companies can resolve management disputes through consultation on a voluntary and equal basis in accordance with relevant laws and regulations, management statutes and property management contracts.

2. Third-party mediation. This means that the owner and the property management company can submit the dispute to a third person, and the third person will preside over the negotiation between the two parties, so as to urge the two parties to reach a mediation agreement on the basis of voluntariness and equality. General mediation can be divided into three types: civil mediation, administrative mediation and judicial mediation. For example, it can be mediated by the people's mediation Committee where the property company is located.

3. Change a property management company. If the above methods can't satisfy the owner, the owner can change the property management company. According to China's current purchase procedures, buyers should sign purchase contracts with developers. At the same time, when using a unified real estate sales contract, there will be clauses that the buyer agrees that the house he buys will be managed by the seller or the buyer's property management company. Therefore, property buyers must be bound by the preliminary property service contract signed by the property management company selected by the developer and accept their property management services.

Therefore, in practice, many property management companies usually claim that owners have no right to change property management companies on this ground. The Regulations on Unauthorized Management clearly stipulates that the majority of owners have the right to hire and dismiss property service enterprises. The hiring and dismissal of the realty service enterprise shall be decided by the owners, but it shall be agreed by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number. Therefore, as the real owners of the community, the majority of owners have the right to re-select property management companies to provide property management services.

3. Is there a contract between the owner and the property?

The services provided by property management companies are mainly public * * * areas and public * * * equipment and facilities services, and no owner can be solely responsible for the clients.

Therefore, only developers and industry committees can sign property contracts with property companies. Developers and industry committees represent all owners in the contract.

Therefore, although there is no contract with specific owners, the property company must also perform the contract and assume management responsibilities; Similarly, owners must also abide by the obligation to pay property fees.

Article 26 of the Property Management Regulations stipulates that the term of the preliminary property service contract may be agreed; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.