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How to select and employ the realty service enterprise of prophase realty management?
After staying in the finely decorated commercial house he bought, Mr. Hu learned that the developer had hired a corresponding property company to manage the community. Mr. Hu felt that the property company was chosen by the developer, not the owner, so he refused to pay the property fee. The person in charge of the property company said that Mr. Hu's housing sales contract included the content that the property company was the early property service management unit. Since Mr. Hu signed it, he should pay the property fee. So, how does the law stipulate this?
The lawyer replied.
The construction unit of residential property shall select and employ property service enterprises with corresponding qualifications through bidding, but there is no mandatory provision on whether residential property selects and employs property service enterprises through bidding. If there are less than three bids or the residential scale is small, with the approval of the real estate administrative department of the district or county people's government where the property is located, a property service enterprise with corresponding qualifications can be selected by agreement. The state encourages construction units to select qualified property service enterprises through bidding in accordance with the principle of separating real estate development from property management.
In this case, when Mr. Hu signed the house sales contract, the contents of the contract already included the contents agreed in the previous property service contract. Now that he has signed it, he should accept the management of the property company and pay the property fee.
Legal link
property management regulations
Article 24 The State encourages construction units to select qualified property service enterprises through bidding in accordance with the principle of separating real estate development from property management.
The construction unit of residential property shall select and employ property service enterprises with corresponding qualifications through bidding; If the number of bidders is less than three or the residential scale is relatively small, with the approval of the real estate administrative department of the district or county people's government where the property is located, a property service enterprise with corresponding qualifications may be selected by agreement.
Article 25 The sales contract signed between the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.
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