The developer signed a preliminary property contract with the owner. Five years later, the developer signed another property contract, which failed to pass the owner. Is the contract valid?

If it is invalid, the developer, as the construction unit, may conclude a preliminary realty service contract with the realty service provider according to the relevant provisions of the law. However, after the expiration of the previous realty service contract, if it is necessary to hire a new realty service agency and sign a new realty service contract with it, it must be unanimously agreed by the owners' committee or the owners. Otherwise, the property contract is not legally binding on the owner.

Legal analysis

Property contracts that are legally binding on the owners mainly include two types:

The preliminary realty service contract signed by the construction unit and the realty service provider according to law.

For the prophase realty service contract, the Civil Code of People's Republic of China (PRC) clearly stipulates its legal termination conditions. When the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service enterprise according to law expires, the owners' committee or the owners' congress selects a new realty service enterprise and concludes a realty service contract with it. If the contract is legal and valid, the preliminary realty service contract shall be terminated.

Two, the owners' committee and the owners' congress shall select the realty service contract.

Hiring and dismissing the realty service enterprise or other managers is a major matter decided by the owners, and there are special procedures for the owners to decide the same matters. First, the owners who have to account for more than two-thirds of the area and quantity of the exclusive part can vote (double two-thirds principle). Secondly, the consent of the owners in the exclusive area who participate in the voting account for more than three quarters should be obtained (the principle of double three quarters). In order to decide to hire a property service enterprise.

legal ground

Article 937 of the Civil Code of People's Republic of China (PRC) is a property service contract in which the property service provider provides the owners with property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owners pay the property fees. Property service providers include property service enterprises and other managers.

Article 939 The preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

Article 11 of the Property Management Regulations is 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;

(five) to raise and use special maintenance funds;

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

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