Who decided to hire a property service company?

Developers have no right to designate property companies. Property companies can only be selected by the owners' committee. At the beginning of the delivery of the new house, the developer can temporarily designate a property company to be responsible for the daily management of the community. However, which property company to hire cannot be used as an additional condition of the house sales contract. The owners' committee is elected by the owners, representing the legitimate rights and interests of all owners and fulfilling the rights and obligations entrusted by all owners. After the establishment of the owners' committee, the option of the property company is automatically transferred to the owners' committee. After the expiration of the contract of the property company previously hired by the developer, the owners' committee will make an evaluation and decide whether to continue to hire or hire another property company.

Legal procedures for property companies to enter residential areas

Firstly, the property company has won the bid, and secondly, it has reached an agreement with the developer on the content and related standards of property services and signed a property contract. Then it will go to the administrative department for the record, and the property charging standard will be reported to the price bureau for approval. After passing, it will officially settle in the community to provide relevant services for the owners.

If there is an existing property management company in the community before, but it doesn't work and needs to be replaced, then the old and new property management companies need to be handed over. Moreover, the new property must be approved by half of the staff of the industry Committee before it can be formally implemented. Sign a new property contract with the industry Committee, handle the handover procedures and settle the new property.

Sign a property management contract

(a) the right of property management is a kind of real right that exists in other people's property, so who can exercise this right should be decided by the owner (that is, the owner).

(two) the parties to a property management contract can only be the owners and the property management company, and the relationship between them is the relationship between the client and the principal, and the relevant provisions of the entrustment contract in the Contract Law shall be implemented.

(three) the owners have the right to participate in the property management of residential areas, and have the obligation to rationally use houses and public facilities, maintain public order in residential areas, and abide by the property management norms of residential areas.

(4) The owners' management committee elected by the owners is the executive body of property management in residential areas, and has the right to hire property management companies, property management personnel or other professional service agencies to conduct property management in this residential area and sign property management contracts with them.

legal ground

property management regulations

Twenty-first in the owners' meeting, the owners' meeting to hire a property service enterprise, the construction unit to hire a property service enterprise, it shall sign a written preliminary property service contract.

Eleventh 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;

(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 * * *.

Twenty-sixth 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.