Is the property contract in the early days of the establishment of the industry Committee still valid?

The property contract is invalid in the early stage of the establishment of the industry Committee.

According to the relevant laws and regulations of our country, after the establishment of the owners' committee, the property management contract with the property management company takes effect, and the previous property service contract is terminated.

The establishment process of community industry committees is as follows:

1. Application for the establishment of the owners' committee: the construction unit or more than five owners in a property management area jointly submit a written application to the property management administrative department in the area;

2, where the district property administrative departments to review, to meet the conditions, to guide the establishment of the preparatory group for the owners' meeting;

3. The preparatory group is responsible for drafting the Rules of Procedure for Owners' Congress, Management Statute and Measures for Election of Owners' Committee, which will be publicized for 7 days to solicit opinions from owners;

4. The preparatory group is responsible for confirming the identity of the owners and their voting rights at the first owners' meeting, and informing all owners of the results;

5. Election method for establishing the owners' committee: The preparatory group is responsible for reviewing the qualifications of the owners' committee candidates, and the owners' committee candidates can be selected by self-recommendation, joint recommendation of the owners and negotiation of the preparatory group. Candidates must be publicized for 7 days after confirmation to solicit opinions from the owners. If the owners think it is necessary to supplement the recommended candidates, more than ten people may jointly propose qualified candidates, and the list must be submitted to the preparatory group seven days before the owners' meeting and publicized for seven days;

6. The preparatory group shall hold the first owners' meeting within three months;

7. The preparatory group shall inform the district property administrative department and the local sub-district office of the contents and convening method of the owners' meeting in advance;

8. The owners' committee shall convene a meeting of owners' committee members within 3 days from the date of election, and recommend 1 director and 1 ~ 2 deputy directors;

9. The list of all members of the owners' committee elected for the first time must be publicized within the property management area for 7 days, and a written application shall be submitted to the district property administrative department where the property is located within 30 days from the date of election. The written application includes the establishment process and reasons for filing. At the same time, inform the local sub-district office of the election results. The owners' committee shall formally perform its duties from the date when the property administrative department agrees to put on record;

10. After the property administrative department agrees to put on record, it shall issue the registration form and engraving certificate of the owners' committee;

1 1. The owners' committee shall go to the public security department for engraving formalities with the registration form and engraving certificate of the owners' committee.

Conditions for the establishment of the owners' committee:

1, and the occupancy rate is over 50%;

2. The first batch of properties has been delivered for 2 years, and the occupancy rate exceeds 30%;

3. The first batch of properties has been delivered for 3 years.

To sum up, after the establishment of the owners' committee, if the property management contract with the property management company takes effect, the previous property service contract will be terminated.

Legal basis:

Article 25 of the Regulations on Property Management

The sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the previous property service contract.

Article 26

The prophase realty service contract may have an agreed term, but 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.