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How to dismiss a property management company
The dissolution of a property company must meet two conditions:
1. The behavior of the property management company violates the relevant laws or the provisions of the signed contract;
2. Even if the owners' committee is not established, you need to live in the community or more than two-thirds of the existing owners agree to dismiss. These two conditions must be met at the same time.
On the premise of meeting these two conditions at the same time, the owner can collect relevant evidence, send a letter to the property company, list its illegal or breach of contract, and ask for the dissolution of the property relationship. If the property company agrees, both parties terminate the relationship; If the property company does not agree, the owner can bring a lawsuit to the court.
What matters are decided by the owners' meeting:
1, formulate and modify the management regulations and the rules of procedure of the owners' meeting;
2. Electing and replacing members of the owners' committee;
3. Listen to and pass the work report of the owners' committee;
4, hiring, dismissal of property services companies;
5, management, use and continue to raise special maintenance funds;
6, the renovation of buildings and their ancillary facilities;
7. Revoke inappropriate decisions of the owners' committee;
8. Other important matters related to the ownership and management right of * * *.
Rights and obligations of the owners' committee:
Owners' committee refers to a non-governmental organization composed of owners' representatives in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all sectors of society, and supervising the management and operation of property management companies. The power base of the industry committee is its ownership of the property, which represents all the owners of the property and has the right to decide all major matters related to the property.
The owners' committee is elected by the owners' congress or the owners' congress for a term of 2-3 years, and may be re-elected. Members of the owners' committee shall be held by the owners, and the directors and deputy directors of the owners' committee shall be elected from among the members of the owners' committee. Generally speaking, a property management area establishes an owners' committee, which is composed of 5- 15 people according to the size of the property management area. For example, Beijing's new regulations: the occupancy rate of commercial housing and affordable housing exceeds 50%, or if the first household has lived in a newly-built residential area for 2 years, an owners' committee can be established.
legal ground
property management regulations
Sixty-fifth owners in the name of the owners' congress or owners' committee, engaged in activities that violate laws and regulations, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative penalties for public security according to law.
Article 66 If, in violation of the provisions of these Regulations, the staff of the construction administrative department of the State Council, the real estate administrative department of the local people's government at or above the county level or other relevant administrative departments take advantage of their positions to accept other people's property or other benefits, fail to perform their supervision and management duties according to law, or fail to investigate and deal with illegal acts, which constitutes a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.
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