Can the owner's manual replace the previous property contract?

The owner's manual cannot replace the previous property contract, and the owner's manual is not a property service contract. The owner's manual is a code of conduct discussed and decided by the owners' meeting of the community, which is binding on all owners. The property service contract is a binding document signed by the owners' congress and the property company, and it is also the basis of the property service work in the community.

The main differences between this property service contract and previous property service contracts are as follows:

1. The parties to a contract are different. The parties to the prophase realty service contract are the realty development and construction unit and the realty management enterprise; The parties to a property service contract are the owner and the property management enterprise.

2. The contract terms are different. Although the term of the preliminary realty service contract can be agreed, before the expiration of the term, the preliminary realty service contract will be terminated and the realty service contract signed by the owners' committee and the realty management enterprise will take effect again.

The term of the realty service contract is agreed by both parties, which is clear and stable compared with the previous realty service contract.

The prophase realty service contract is generally terminated under the following three circumstances:

1. If the contract termination time agreed in the previous realty service contract expires, the term of the previous realty management shall be the contract termination time agreed in the previous realty service contract.

2. If the contract term stipulated in the preliminary realty service contract is not full, and the owners' committee selects other realty service enterprises and signs the realty service contract, the deadline for the preliminary realty management shall be the starting time for locking the realty service contracts of other realty service enterprises.

3. If the contract term stipulated in the preliminary realty service contract expires, the owners' committee is not established, or the realty service enterprise is not selected, the original realty service enterprise may stop management, or continue to sign the preliminary realty service contract with the developer and continue to manage the property. In the case of continuing management, the deadline for the previous property management is when the new property service contract comes into effect.