Under what circumstances can I change the residential property?

According to China's property management laws and regulations, the owners' committee is the exerciser of the right to hire property management companies in the property area, and the owners' committee is also the main body with the right to replace property management companies. Therefore, the owner's request to change the property management company must go through the owner's management Committee and can only be implemented after performing certain procedures. Here, SouFun has sorted out the relevant processes of residential property replacement for everyone, hoping to help you.

Procedures required for statutory replacement of property management enterprises

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.

Procedures for agreeing on the conditions for changing property management enterprises.

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.

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.

Before bidding, the owners' committee shall go to the district and county land resources and housing administration where the project is located for the record. When filing, the following materials shall be submitted:

(1) resolution of the owners' meeting;

(2) A tender announcement or an invitation to bid;

(3) Bidding documents;

(4) Other materials as prescribed by laws and regulations. If the owners' committee entrusts a bidding agency to conduct bidding, it shall also submit a power of attorney signed by both parties.

Owners' right to know should be guaranteed from the following aspects:

(1) If a meeting of the owners' assembly is held in the form of written comments, the owners' committee shall publicize the resolution of the owners' assembly to all owners before bidding;

(2) In the process of bid evaluation, the on-site defense can be made public and the owner can attend;

(3) After the bid evaluation, the owners' committee can publicize the bidding process and the bid evaluation report submitted by the bid evaluation committee to all owners;

(4) After the winning bidder is determined, the owners' committee shall publicize its basic information and the main contents of the property service contract determined by it to all owners in a prominent position in the property management area, such as service content, scope, standard and price.

How many days in advance should the owners' committee inform the original property management enterprise when it changes the property management enterprise through bidding?

If the original property service contract is about to expire, and the owners' meeting decides to re-employ the property management enterprise, it shall promptly convene all the owners' meetings, and inform the property management enterprise of the relevant resolutions in writing three months before the expiration of the original property service contract.

If the preliminary realty service contract has not expired, and the owners' general assembly decides to hire other realty management enterprises, it shall promptly inform the realty management enterprises in writing after making the resolution.

The owners' meeting shall complete the work of selecting property management enterprises through bidding one month before the expiration of the original property service contract.

The conditions for establishing the owners' committee are as follows:

(1) The construction area of public housing sold exceeds 30%;

(two) the sales area of new commercial housing reached more than 50%;

(3) The house has been sold for 2 years.

(The above answers were published on 20 13- 10-22. Please refer to the actual purchase policy. )

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