What if the property management company refuses to quit or forcibly takes over? Thank you, everyone.

With the continuous advancement of the marketization process of property services, the owners' awareness of independently choosing property service enterprises has gradually increased, and the handover activities of property projects have become increasingly frequent. However, the resulting contradictions and disputes in property transfer also occur frequently. Property project handover behavior is not standardized. How to standardize the handover behavior step by step by standardizing the unified handover contents and procedures? Property companies refuse to withdraw from the property management area, forcibly take over property projects and other illegal acts, and even easily lead to mass incidents. But how to identify such violations? The "vacuum" state of residential quarters will directly affect the basic living order of owners. How to deal with this kind of emergency? For these questions, the newly issued "Beijing Property Project Handover Management Measures" gives the answers. 201019 The Beijing Municipal Commission of Housing and Urban-Rural Development issued the Management Measures for the Handover of Property Projects in Beijing, which will be officially implemented on 2010/21. The Measures for the Administration of Property Project Handover issued this time is an important supporting policy of the Measures for the Administration of Property in Beijing, and it is also the detailed implementation rules for implementing the principled provisions on the handover of property projects in the Measures for the Administration of Property in Beijing. Its contents mainly include the following aspects: First, define the handover activities of property projects, and clarify the types and contents of property project handover. The handover of property projects refers to the inspection and handover of the use part of the property by the construction unit or the property service enterprise and all the owners, as well as the handover and undertaking of relevant information on property management. As can be seen from the definition, according to the different subjects of property project handover, property project handover can be divided into two main types: the handover between the construction unit and all owners and the handover between the property service enterprise and all owners. The handover content includes two aspects: the inspection and handover of the property use part and the handover and acceptance of the relevant materials of property management. The second is to clarify the handover procedures of property projects under different circumstances and standardize the handover behavior. According to the handover types of different property projects, the specific handover procedures are defined, and the respective rights, obligations and responsibilities of owners, construction units and property service enterprises in the handover activities of property projects are defined. The Measures for the Administration of Project Handover provides specific procedural provisions on how to hand over the realty service contract between the owner and the construction unit or realty service enterprise under different circumstances. For example, the owner decides to terminate the previous realty service contract and no longer accept the factual service, and the original realty service enterprise will not be hired after the expiration of the realty service contract, and the realty service enterprise decides not to provide the factual service or not to renew the realty service contract after the expiration. The third is to clearly define the behaviors of "refusing to quit" and "forcibly taking over". After the owners dissolve the prophase realty service contract or dismiss the realty service enterprise through the resolution of the owners' meeting or the same decision according to law, the construction unit and the realty service enterprise shall complete the handover with all the owners within 60 days and withdraw from the realty management area. The behavior of the construction unit and the property service enterprise that fails to withdraw from the property management area within the time limit constitutes a refusal to withdraw. Compulsory takeover includes two situations: first, from the perspective of rights, if a property service enterprise enters the property management area without the consent of the owner, it can be considered as compulsory takeover; Second, from the behavioral point of view, although a new property service enterprise has been selected through legal procedures, if the original property service enterprise has not yet withdrawn and the new property service enterprise forcibly enters the property management area without reaching an agreement through negotiation or litigation or arbitration, then the new property service enterprise also constitutes a forced takeover. The fourth is to stipulate the relevant contents of emergency property services. The document stipulates that in three cases, if the residential property project cannot maintain the normal property management order, the sub-district office and the township people's government shall, in conjunction with relevant departments, organize and provide emergency property services to ensure the basic living order of the owners. The emergency property service mode is determined according to the actual situation in the jurisdiction. If an emergency property service team has been established in this area, it can organize an emergency property service team to provide emergency services, or it can take the form of hiring a property service enterprise. Emergency property service is to deal with emergencies and solve the urgent needs of owners. Therefore, from the content point of view, emergency property services are limited to services such as garbage removal, order maintenance, secondary water supply, elevator operation and so on to maintain the basic life of the owners. Emergency property service period is generally not more than 3 months. From the payment subject, the emergency property service fee is borne by all owners, and the owners' committee assists in collecting it. In addition, the Measures for the Administration of Project Handover also stipulates that if a property service enterprise fails to perform its handover obligations, fails to hand over the property services according to regulations, stops the property services without authorization, refuses to withdraw from the property management area, or forcibly takes over, the housing administrative department will deal with the property service enterprise and related responsible persons in accordance with the relevant provisions on credit information management and property service project management of the property service enterprise in this Municipality.

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