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How to terminate the property contract in China when it expires
1, the State Council's "Property Management Regulations" stipulates that the owners decide to hire and dismiss the property service enterprises through the owners' meeting; The owners' committee implements the decisions made by the owners' congress, and signs property service contracts with the property service enterprises selected by the owners' congress on behalf of the owners.
2. Before the owners' meeting and the owners' meeting select the realty service enterprise, the construction unit shall sign a written preliminary realty service contract. Select and employ property service enterprises with corresponding qualifications through bidding.
3. The prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.
Legal basis: Article 278 of the Civil Code of People's Republic of China (PRC). The following matters shall be decided by the Owner:
(a) to formulate and amend the rules of procedure of the owners' congress;
(2) Formulating and amending management regulations;
(three) to elect the owners' committee or replace the members of the owners' committee;
(four) the selection and dismissal of property services companies or other management personnel;
(five) the use of funds for the maintenance of buildings and their ancillary facilities;
(six) to raise funds for the maintenance of buildings and their ancillary facilities;
(seven) renovation of buildings and their ancillary facilities;
(eight) change the use of * * * or use * * to engage in business activities;
(nine) other major matters related to the management rights of * * * and * * *.
The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.
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