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Can the property management company sign a contract with the owner himself?
Legal analysis
If the contract is considered by the owners' meeting, the property contract signed by the industry Committee and the property is valid. The industry committee is elected by all owners and represents the will of all owners. The contract signed by the industry Committee has legal effect on all owners, and it is valid without the consideration of the owners' meeting. However, the owners can raise questions, ask the industry committee to make a public statement when necessary, or convene a general meeting of owners to consider the contract. Under what circumstances did the property service contract terminate 1? When the term stipulated in the property service contract expired, both parties did not renew it? 2. The property management enterprise and the owners' meeting negotiate to terminate the contract. 3. If the realty service contract cannot be performed due to force majeure, the realty service contract will be terminated naturally. 4. If a property management enterprise is declared bankrupt, it shall go through bankruptcy liquidation in accordance with the provisions of the state, and the property management contract cannot be continued. What are the precautions for signing a property service contract? In fact, the sale of real estate and the owner's residence are a continuous process. At this stage, it is unrealistic to require more than two-thirds of the owners with voting rights to vote to form the decision of the owners' meeting, and the property management service at this stage is necessary. Therefore, in order to avoid the vacuum of property management before the owners' meeting selects property service enterprises, clarify the responsible subject of property management services in the early stage and standardize the property management activities in the early stage.
legal ground
"Regulations on Property Management" Article 2 Property management as mentioned in these Regulations refers to the activities that the owners select property service enterprises, and the owners and the property service enterprises maintain, conserve and manage the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and related order in the property management area.
Article 509 of the General Principles of Civil Law of People's Republic of China (PRC), the parties shall fully perform their obligations as agreed. The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract. During the performance of the contract, the parties shall avoid wasting resources, polluting the environment and destroying the ecology.
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