What if the property company doesn't want to change it?

A good property management company can not only solve problems for the owners in time, but also make the house appreciate and preserve its value. However, encountering an inactive property management company will not only fail to solve the problems encountered by the owners, but also make people angry.

"Our company is hired by developers. Do you want to change it? "

Hearing the people of the property management company say this, the owner surnamed Li of XX community standing in the management department of the property management company was extremely angry: "Your service is so poor, and you still charge all day. Our boss doesn't want you to serve here. We must change the property management company! "

It turns out that the staff of the property company in the community where the owner Xiao Li is located are of poor quality and have not received formal training, and the management of the community is in a mess. If the sanitation is not clean, the plants in the garden are falling apart, and even littering in the community has become a common practice. Owners have come to the property company many times to ask them to strengthen management, but it still hasn't changed.

After consulting several owners who were also particularly dissatisfied with the property company, Xiao Li decided to propose to dismiss the property company when the owners' meeting was held. Finally, the community owners' meeting unanimously passed and decided to dismiss the property company.

Unexpectedly, the people in the property management company claimed that they were hired by the developers, and only the developers could dismiss them, but the owners had no right to dismiss them!

Then, under what circumstances can the owner change the property company? How to change it? Who should hire a property management company?

After the owners' congress decides to dismiss the realty service enterprise in accordance with the procedures stipulated in Article 76 of the Property Law, the people's court shall support the owners' committee's request to terminate the realty service contract. The specific basis is:

According to Article 76 of the Property Law, the following matters shall be decided by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(two) to formulate and modify the management regulations of buildings and their ancillary facilities;

(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) to raise and use funds for the maintenance of buildings and their ancillary facilities;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of the owners who account for more than two-thirds of the total building area and more than two-thirds of the total number of people. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

The specific situation can be operated according to the following procedures:

In the first step, the property company can be changed after the owners' committee unanimously agrees. Owners elect owners' committees to represent the collective interests of owners, and convene meetings of owners' committees to change the property. At the meeting, more than half of the owners agreed to change the property company. Therefore, the owners' meeting of the community where the owner Xiao Li is located has the right to change the property company of the community.

The second step is to apply for assistance from the street office. According to the Property Law and the Property Management Regulations, sub-district offices have the responsibility to provide early assistance.

The third step is to terminate the entrusted property management contract. 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.

Fourth, make a tender. With the assistance of the sub-district office, the owners' committee will make bidding documents and conduct public bidding. In the tender, it is necessary to draw up the services, management requirements, cost standards and other specific contents provided by the property management company. You can invite professional property professionals to check it out and refer to the suggestions given by professionals.

Fifth, open bidding/evaluation. In the bidding process, the owner's right to know must be guaranteed. In the process of bid evaluation, the on-site defense can be made public and the owner can attend. After the bid evaluation, the owners' committee may publicize the bidding process and the bid evaluation report submitted by the bid evaluation committee to all owners.

Six, the new property company settled in. After the winning bidder is determined, the owners' committee shall publicize its basic situation 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. Changing a property company is risky and requires legal support and assistance from the street office. Also remember, in the early stage of changing property, don't immediately publicize the news of changing property company, and then talk about it after the procedural terms are solid.

As a property management company serving the owners of residential areas, it is really unnecessary to be too arrogant. According to the above terms, the above methods can be tried in the future to protect the vital interests of the owners.

(The above answers were published on 20 17-07-3 1. Please refer to the actual situation for the current purchase policy. )

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