The industry committee withdrew collectively, and the contract of the property management company has expired. What should we do?

The collective resignation of the owners' committee may be due to the shutdown of some owners. Without the support of the local administrative department, the supervision property company rebounded seriously and even was threatened. As for the property company's contract is about to expire, it is not necessary for the owners' committee to make a dismissal resolution, but it actually continues to operate, or the property company announces the withdrawal time, and does not manage or serve.

Legal analysis

Because the original service contract expired, the property management company did not renew the service contract. Although the property management has been fulfilled, the main body of the company's services is entrusted by the property management Committee, not the specific owners. Because the owners' committee has not been established and the property contract has not been renewed after its expiration, the factual property service relationship should be recognized. During this period, although the original property contract has expired, the owner has enjoyed the property service and still needs to pay the property fee. If the owners' committee has been established and the industry committee or the owners' congress decides not to sign a contract with the property enterprise, the property shall not ask the owners to pay the fees on the grounds of "providing factual services". If a resolution of the industry committee is made after the expiration of the property contract, the property fee for the termination of the service of the property company shall be paid from the date of the expiration of the property contract to the date of the announcement of the resolution of the industry committee. After the expiration of the property contract, it is very common for the community to dismiss the property company on the grounds of poor quality of property service and unauthorized service charges.

legal ground

property management regulations

Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.