Can the property management company be dismissed because the community has not established an industry Committee?

1. According to the property management regulations, if the previous contract has no agreed time limit and the owners' committee has not been established, it is impossible for the industry committee to sign a property contract with the new property enterprise, so it is impossible to terminate the contract according to the property management regulations.

2. However, in the above cases, the property regulations provide otherwise:

(1) Article 6 stipulates the owner's right to "supervise the realty service enterprise to perform the realty service contract";

(2) Article 10 "If there is only one owner, or the number of owners is small, and all the owners agree unanimously, the owners shall perform the duties of the owners' meeting and the owners' committee." In other words, the owners can jointly question the performance of the service contract of the property service enterprise, or perform the duties of the owners' meeting without the establishment of the owners' meeting and propose to terminate the contract.

3. In fact, if you are a property management company, you should consider the actual situation of the property, whether it is a residential area or a business building. With the passage of time, the real estate is showing more and more depreciation, and you should also fully consider the cost input and potential risks. According to the legal requirements, it can be reasonably extracted after completing the obligation of notification and on-site deposit.

Property service contract is essentially a special form of entrustment contract, but based on the uniqueness of its content, the relevant rules of entrustment contract cannot be fully applied. This article only gives the owner the right of unilateral rescission as the client, and the property service provider as the trustee does not enjoy the right of arbitrary rescission. The main reason is that property service matters involve the maintenance of public order in the service area and the public interests of owners' groups and property users, so it is not appropriate to give property service personnel the right to terminate at will.

When the owners decide to dismiss the property service providers, they should follow the procedures stipulated in Article 278 of the Civil Code: the owners whose exclusive parts account for more than 2/3 of the total area and the number of people accounts for more than 2/3 should vote, and the owners whose exclusive parts account for more than half of the total area and vote should agree. After the dismissal decision is made, the owner shall notify the property service provider in writing within the time limit agreed in the contract or the time limit stipulated in this article. However, the time limit and form of the notice belong to the procedural rules for the exercise of the right of rescission. If the owner fails to issue a written notice within the prescribed time limit, it will not affect the effectiveness of the exercise of the right to terminate. However, the property service provider can claim compensation for the losses suffered as a result.