How to recall property

Legal analysis: According to Property Law and Property Management Regulations, property management enterprises can be dismissed with the consent of owners who account for more than half of the total number of owners and account for more than half of the total construction area. The main ways are: all owners set up owners' meeting and vote for owners' committee; Convene an owners' meeting to vote on the dismissal of the property management company; After counting the voting results, the realty service enterprise can be re-hired, the existing realty service enterprise can be terminated, and the owners' committee will do a good job of handover. The above is mainly aimed at early property management. If the property management company signs a property service contract with the owners' committee, the property management company cannot terminate the contract without violating the contents of the property service contract.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 278 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 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.

Article 279 An owner may not change his residence into a business house in violation of laws, regulations and management regulations. If the owner changes the house into a business house, in addition to complying with laws, regulations and management regulations, it shall also be unanimously agreed by the interested owners.

Article 280 The decisions of the owners' congress or the owners' committee are legally 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.

Article 281 The maintenance fund of a building and its ancillary facilities belongs to the owner. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly.

In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law.

Article 11 of the Property Management Regulations shall be decided by the owners: (1) Formulating and amending 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 * * *.