Can the developer replace the new prophase property without the consent of the original owner?

Legal analysis: No, according to the Property Management Regulations and the Bidding Management Measures of the Ministry of Housing and Urban-Rural Development, it is legal and effective for developers and property companies to sign contracts through bidding procedures. Developers have completed the mission of choosing a property company, and the owners' meeting must decide whether the property company will stay or not after its establishment. If the house is not sold out, the developer can only exercise part of the voting rights.

Legal basis: Article 6 of the Property Management Regulations states that the owner of the house is the owner. Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.