Can the owner change the property management company?

Owners have the right to change the property management company. The owner may * * * agree not to renew the property contract after the expiration of the property service. You can also decide to dismiss the property management company in advance according to legal procedures, but you must notify the property management company in writing 60 days in advance.

The owners' congress shall decide the following matters before replacing the property company:

(1) resolution of the owners' meeting; If the owners' congress decides to hire other property management companies, it shall promptly inform the original property management companies in writing after making the resolution.

(2) authorize the owners' committee or entrust a bidding agency to organize bidding;

(3) Deciding to adopt public bidding or inviting bidding;

(4) After authorizing the owners' committee to directly determine the list of candidates recommended by the bid evaluation committee, the owners' congress will finally determine the winning bidder;

(5) the price range or level of property services.

The replacement of property management companies is extremely difficult and risky, and there is sufficient mass base and legal basis for the replacement of property management companies. In this process, the resolution of the owners' meeting is particularly important. The owners' meeting must be held in accordance with Article 18 of the Property Management Regulations, which can be in the form of collective discussion or written comments.

There are more than two houses in the same property management area, and several owners' representatives can be elected to participate in the owners' meeting by building, unit and floor. If the owners' representatives are elected to attend the meeting of the owners' congress, the owners' representatives shall solicit the opinions of the owners they represent on the matters to be discussed at the meeting of the owners' congress in advance. If a vote is required, the owner's representative shall truthfully reflect the opinions of approval, opposition or abstention when voting at the owners' meeting, and sign it.

Nineteenth owners' meeting should be attended by owners whose exclusive parts account for more than half of the total area of the building and more than half of the total number of owners in the property management area. The owner may entrust an agent to attend the meeting of the owners' congress in writing.

legal ground

Article 946th of the Civil Code of People's Republic of China (PRC).

If the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract.

If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.

Article nine hundred and forty-eight

After the expiration of the property service period, if the owner fails to make a decision to renew or hire the property service provider according to law, and the property service provider continues to provide property services, the original property service contract will remain valid, but the service period is uncertain.

Both parties may terminate the indefinite property service contract at any time, but shall notify the other party in writing 60 days in advance.