How does the owner change the property?

Legitimacy of replacement procedure The residential property management committee is an unincorporated organization representing the interests of the owners and users of residential property, and is responsible for supervising and inspecting the residential property management, which is the key to solving the problems of residential property management. Therefore, it is necessary to establish the legal status of the owners' committee according to law. The other is about replacement, which must be approved by the community owners' meeting. On the premise of ensuring the support of the majority of owners and users, the owners' meeting will be held to form a resolution, so that the action of replacing the property company has sufficient mass basis and legal basis.

1. What are the legal procedures for changing the property?

How to change the property management procedure According to the laws and regulations of property management in China, the owners' committee is the exerciser of the right to select property management enterprises in the property area, and the owners' committee is also the subject with the right to change property management enterprises. Therefore, the owner's request to change the property management enterprise must be implemented through the owner management Committee and certain procedures.

1. Procedures required for statutory change of property management companies.

When the property management enterprise has the legal conditions to replace the property management enterprise, that is, the property management enterprise loses certain business qualifications and business qualifications, the property management entrustment contract signed with the owners' committee or the owners will automatically terminate, and the owners' committee can re-select a new property management enterprise through bidding according to the conditions and procedures for selecting and hiring the property management enterprise.

2. Agree to change the conditions and procedures required by the property management enterprise.

When it is necessary to replace the property management enterprise due to the reasons stipulated in the property management entrustment contract, the owners' committee can directly carry out it according to the stipulations of the property management entrustment contract, or the owners' committee can terminate the contract with the property management enterprise after specific operations according to the complaints of the owners or property users. The owners' committee may, in accordance with the conditions and procedures for hiring property management companies, re-hire new property management companies through bidding.

Two, the owners' committee to replace the property management enterprise through bidding, what matters should be decided?

According to different situations, the owners' meeting shall decide the following matters before bidding:

(1) authorize the owners' committee or entrust a bidding agency to organize bidding;

(2) to determine whether to adopt public bidding or invitation bidding;

(3) After authorizing the owners' committee to directly determine the list of candidates recommended by the bid evaluation committee, the owners' congress will finally determine the winning bidder;

(4) the price range or level of property services.

legal ground

People's Republic of China (PRC) Civil Code

Article 946 If the owner decides to dismiss the realty service provider according to legal procedures, he may terminate the realty service contract. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract.

If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.

Article 947 If the owner decides to renew the employment according to law before the expiration of the realty service term, it shall renew the realty service contract with the original realty service provider before the expiration of the contract term.

If the realty service provider does not agree to renew the employment before the expiration of the realty service period, it shall notify the owner or the owners' committee in writing 90 days before the expiration of the contract period, unless the notice period is otherwise stipulated in the contract.