The process of selecting and designating a property company by agreement

Selecting and hiring property service enterprises is a concern of all residents in the community, and it is also their right, because it is related to their own rights as owners of the community. This shows that the property company is not arbitrary. Then, what is the process and announcement of hiring a property service company? Next, I'll introduce you to the relevant content. First, the process and announcement of hiring property services companies

First of all, after the owners' meeting voted to dismiss the original property service enterprise, they should hire a new property service enterprise as soon as possible to avoid the vacuum period of property service and bring unnecessary trouble to the owners' daily life. According to the provisions of the model document of the management statute of the Housing Construction Committee, before the owners' congress selects a realty service enterprise or other manager, it shall convene a meeting of the owners' congress in accordance with the rules of procedure of the owners' congress in the realty management area, vote on the selection method, the specific implementer and the main contents of the realty service contract, draw up a selection plan and publicize it.

After the owners' meeting decides to dismiss the original realty service enterprise, the owners' committee shall draw up a scheme (draft) for hiring realty service enterprise as soon as possible, which shall include: qualification requirements, management performance, realty service content, realty service price, industry committee/tendering agency, bidding/tendering, scoring standard, etc. Publicize the hiring plan, solicit the opinions of all owners, and announce the convening of the owners' meeting.

Secondly, the owners' meeting will be held to vote on the formal employment plan.

After consultation and revision, the official "Selection Scheme" (draft) (including selection method, specific implementers, service standards and fees, registration method, etc.). ) will be publicized, and then the owners' meeting will be held to vote. After the vote is passed, the result of the resolution shall be publicized for not less than 7 days. In this case, when the owners' meeting is held, the voting matters at the meeting shall be publicized before the meeting, and all owners shall participate in the voting. The final voting result of the voting project is expected to be no less than 45 days.

Then organize the bidding work.

For the choice of property companies, the current laws and regulations do not explicitly require that bidding procedures must be performed. However, considering the principles of openness, fairness and justice, and trying to avoid rent-seeking fraud, it is suggested to choose a property service company by organizing bidding.

Organize the judging committee and select the participating units.

Organize the evaluation committee to evaluate and score the participating realty service enterprises, and determine the final selection list through comprehensive evaluation. Publicize the shortlist and their respective plans to provide property services, and announce the announcement of the owners' meeting.

Determine the hiring of property service enterprises.

According to the content of the selection scheme, the owners' meeting will be held to vote on the final shortlisted property service enterprises. Under the supervision of the owners' representatives, streets, neighborhood committees and property authorities, the voting situation is statistically summarized, and the statistical results are publicized to the owners, which is in line with the requirements of property management regulations, rules of procedure and other tendering units for hiring property service enterprises. Under the authorization of the owners' congress, the owners' committee signed a property service contract with it.

place on file

After the signing of the realty service contract, the owners' committee shall submit the hiring situation to the subdistrict office and the property administrative department, and timely handle the filing and alteration procedures of the resolutions of the owners' congress.

2. Does the owner have the right to change the property?

The owner has the right to change the property. Owners can manage buildings and their ancillary facilities by themselves, or entrust property service enterprises or other managers to manage them. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law. Property service enterprises or other managers shall manage the buildings and their ancillary facilities within the building division according to the entrustment of the owners and accept the supervision of the owners.

Third, the step of changing attributes

1. The reason for changing the property must have a legal basis: during the validity of the property contract, the property cannot be changed at will, and the property company can only terminate the contract according to the property law if it violates the contents of the property contract and has sufficient evidence. 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.

2. More than half of the owners agree to change the property: First, it is necessary to make sure that changing the property company is the will of most owners, so that the property can be changed smoothly. Make a statistical table, and each household will go to the owner to sign "Agree to Change Houses". There are more than half of the families and regions.

3. Negotiate with the original property to terminate the contract: if more than half of the owners agree to change the property, they will send representatives to the person in charge of the property company to negotiate a peaceful settlement. If the property company is unwilling to stop the "Property Contract" and quit management, it needs to go through the following procedures.

4. Neighborhood Committee's application for property change: Take the Consent signed by the owner and the evidence of property breach to the neighborhood Committee to apply for property change. 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 company: If the evidence is sufficient, the court will support the owner's appeal, dissolve 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. Bidding for new property: No industry committee can entrust the neighborhood committee to bid, or other organizations can organize bidding, hire other property companies, or directly invite their own property companies to manage.

The above is the process and announcement of hiring property service companies for you. First, organize an announcement to invite property, then organize bidding, and then sign an agreement for the record after the property is confirmed. If you have any other questions in this respect, please consult a lawyer, who will provide you with professional answers.