The process of dissolving the property company

The process of dismissing a property company is:

1, set up owners' meeting and owners' committee. The conditions for the establishment of the owners' congress shall meet one of the following conditions

(1) The construction area of houses that have been sold and delivered for use in the property management area has reached more than 50%;

(2) The proportion of owners who have stayed in the property management area has reached more than 50%.

2. Convene the owners' meeting

The owners' meeting was held to vote on property management matters, and the owners whose proprietary parts accounted for more than half of the total construction area and more than half of the total number agreed to change the property company.

3. Method of dismissal

(1) The property contract will not be renewed when it expires.

The property service contract will not be renewed when it expires, and the owners' committee will inform the property company in writing.

(2) Termination of the Agreement

A. The owners' committee and the property company reach a consensus to terminate the property contract;

B. If the contract has not expired, but there are reasons for dissolving the property contract, it can be directly dissolved according to the contract.

(3) Legal dissolution

In any of the following circumstances, the owners' committee may notify the property management company to terminate the contract. If the property management company has any objection, the owners' committee may bring a lawsuit to the local court, and after the judgment of dissolving the property contract takes effect, a new property management company will be selected:

A the purpose of the property contract cannot be achieved due to force majeure or breach of contract by the property company;

B. The property management company fails to fulfill its main contractual obligations;

C. The property management company delays the performance of its main contractual obligations and fails to perform them within a reasonable period after being urged.

4. Notification of results

Publicity in a prominent position in the community; The voting results shall be notified to the owners, property management companies and other relevant personnel in writing.

What are the matters decided by the owner?

The following matters shall be decided by the Owner * * *:

1, formulate and modify the rules of procedure of the owners' meeting;

2. Formulate and modify management regulations;

3. Elect the owners' committee or replace the members of the owners' committee;

4, hiring and dismissing the realty service enterprise;

5. Raise and use special maintenance funds;

6, the renovation of buildings and their ancillary facilities;

7. Other major matters related to the ownership and management right of * * *.

To sum up, to dismiss a property company, it is necessary to set up an owners' meeting first, and then initiate a proposal to terminate the contract, which can take effect by voting and dismiss the existing property company.

Legal basis:

property management regulations

Article 10

Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located or the subdistrict office or the township people's government, set up the owners' meeting and elect the owners' committee. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.

Article 11

The following matters shall be decided by the Owner * * *:

(a) to formulate and amend the rules of procedure of the owners' congress;

(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;

(five) to raise and use special maintenance funds;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Article 12

The meeting of the owners' congress may take the form of collective discussion or written comments; However, there should be owners whose exclusive parts account for more than half of the total construction area 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.

The owners' meeting decides the matters specified in Item (5) and Item (6) of Article 11 of this Ordinance, which shall be agreed by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number; Other matters stipulated in Article 11 of these regulations shall be decided by the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

The decisions of the owners' congress or the owners' committee are binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.