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How to change the property in a community without an industry Committee
1, two thirds of the owners agree to change the property.
First of all, it is necessary to make sure that it is the will of most owners to change the property company in order to successfully change the property. Make a statistical table, and every household should go to the owner to sign "agree to change rooms". The number of households and the area must exceed two thirds. For example; There are 300 households in the community, and 200 households need to agree; 3000 square meters, the owner of 2000 square meters agrees.
2. The reason for changing the property should have a legal basis.
During the validity period of the property contract, the property shall not be changed easily. If a property company violates the contents of the property contract, and there is sufficient evidence, it can terminate the contract and terminate the employment relationship according to the Property Law. When the Property Contract expires, we will go through the procedure of neighborhood committee, not renew it automatically, and invite bids for a new property company.
3. Negotiate with the original property to terminate the contract.
When two-thirds of the owners agreed to change the property, they sent representatives to the person in charge of the property company to negotiate a peaceful solution. If the property company is unwilling to stop the property contract and quit management, the following procedures will be taken. 4. The neighborhood committee applies for changing the nature.
Take the consent form signed by the owner and the evidence of property breach to the neighborhood Committee to apply for property replacement. Cooperate with neighborhood committees to handle relevant procedures. Generally, the staff of neighborhood committees will negotiate with the property first and let it quit voluntarily. If the property does not agree, it will go through legal procedures.
5. Dissolve the property contract signed by the property management company.
In the case of sufficient evidence, the court will support the owner, terminate the property contract of the property company, and let the property company do a good job of handover and evacuate the site within a time limit.
6. Invite public bidding to rent a new property
No industry committee can entrust the neighborhood committee to bid, or other organizations to organize bidding, hire other property companies, or directly invite their property companies to manage.
Legal basis: Article 278 of the Civil Code of People's Republic of China (PRC). The following matters shall be decided by the owners: (1) to formulate and revise the rules of procedure of the owners' meeting; (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 or other management personnel; (five) the use of funds for the maintenance of buildings and their ancillary facilities; (six) to raise funds for the maintenance of buildings and their ancillary facilities; (seven) renovation of buildings and their ancillary facilities; (eight) change the use of * * * or use * * to engage in business activities; (nine) other major matters related to the management rights of * * * and * * *. The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.
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