How to renew the property contract without a civil code

Owners can set up owners' committees according to law, and the owners' committees can sign property contracts with property companies, which should provide property services in accordance with the provisions of the property contracts to ensure the personal and property safety of owners. So how to renew the property contract when there is no industry Committee in the Civil Code? I'll sort out the relevant knowledge, hoping to help everyone.

First, how to renew the property contract when there is no industry committee in the Civil Code?

According to the Civil Code, without the owners' committee, after the property service contract expires, the owners can negotiate whether to renew the service contract. If it is renewed, * * * will make a decision together.

People's Republic of China (PRC) Civil Code

Article 937 Definition of Property Service Contract A property service contract is a contract in which a property service provider provides property services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and the management and maintenance of related order to the owners within the property service area, and the owners pay property fees.

Property service providers include property service enterprises and other managers.

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.

Second, the property contract is about to expire, how to terminate it with the property contract?

When the property contract expires and the owner wants to dismiss the property company, it needs to be done through the owners' meeting:

According to the "Property Management Regulations", the owners of residential quarters have the right to hire and dismiss property companies, but they must do so through the owners' meeting or the owners' committee.

Because the hiring and dismissal of a property company is related to the interests of all owners, it is reasonable for a property company to provide property services determined by the will of all owners.

Therefore, when the property contract expires, all owners can hold a general meeting of owners three months in advance to decide whether to dismiss the property company. As long as more than half of the owners' meeting agrees, the property company can be dismissed.

Only in practice, we often encounter the following two problems:

1. It is difficult for the community to hold the owners' meeting or there is no owners' committee. This is what happens in many communities. However, if the owners want to dismiss the property company, they must convene the owners' meeting, and more than half of the owners pass the dismissal resolution, otherwise they cannot dismiss the property.

In fact, this is also a good opportunity to hire members of the owners' Committee. Taking the opportunity of convening the owners' meeting to promote the industry Committee and save time and effort in dealing with community affairs in the future can be said to be a matter once and for all.

2. After the expiration of the contract, the original owner of the residential area was forced to stay in the residential area. Although in recent years, with the improvement of relevant laws and regulations and the rectification of the government, the phenomenon of forced sale of real estate has decreased, but there are still some communities that will have this situation. At this time, the owner can complain to the local government authorities, or collect evidence to file a lawsuit with the court, asking the original property company to move out after handing over the work and compensate for the losses.

From the above analysis, it can be seen that, according to the provisions of the Civil Code, if the owners decide to renew their employment before the expiration of the property contract without the establishment of the owners' committee, they should renew the property service contract with the original property service provider before the expiration of the contract period.