How many owners in the Civil Code agree to change the property?

According to the relevant laws and regulations of our country, the change of property requires the consent of more than half of the owners before the property service enterprise can be dismissed, hired or replaced. If the original property company refuses to withdraw from the resolution of dismissal or property selection passed by more than half of the owners, it can be forced to withdraw through the court.

What is the specific process of changing property companies?

1, apply. Living in a residential area, where the property delivery construction area reaches more than 50%, or the property delivery construction area reaches more than 30% but less than 50%, and has been used for more than 1 year, five or more owners may jointly submit a written application to the neighborhood office or the town people's government where the residential area is located, fill in the Application Form for the Establishment of the Preparatory Group for the Owners' Congress, and set up the owners' committee.

2. Establish a preparatory group. After receiving the application, the street office shall make a written reply to guide the community to set up the preparatory group of the owners' committee.

3. Make preparations. After the approval of the preparatory group, notify the property management company to report the list of all owners, contact address and telephone number to the sub-district office within 15 days, and the sub-district office will submit the above materials to the preparatory group within 5 days after receiving the relevant materials.

4. Make information public. The preparatory group shall, within 30 days from the date of its establishment, draw up the owners' convention, the articles of association of the owners' committee and the election method of the owners' committee, post them in a prominent position in the residential area (building) to solicit the opinions of the owners, and publish and distribute the publicity materials of the policies and regulations of the owners' committee to the owners on the bulletin board.

5. Selection of candidates for the Committee. The preparatory group organizes all building owners to produce candidates for the owners' committee through self-recommendation or recommendation, and posts and publishes the resumes of the candidates for the owners' committee, the voting format samples of the owners' committee and the agenda of the owners' meeting to the owners, and at the same time, sends the election method of the owners' committee to all owners in written form.

6. Prepare for the owners' meeting. After completing the above work, the preparatory group will send the list of owners' candidates and their resumes, the election method of the owners' committee, the articles of association of the owners' committee and the owners' convention to the sub-district office, and put forward a written application for convening the owners' meeting or owners' congress, and make good preparations for the meeting.

7. Convene a general meeting to elect members. The preparatory group held a meeting according to the agenda: collecting and registering votes; To review and vote on the articles of association of the owners' committee and the owners' convention; Votes are counted in public, the election results are read out, and members of the owners' committee are produced. After the meeting, the preparatory group will announce the conference sign-in form and election results statistics.

8. Apply to the owners' committee for registration. Within/0/5 days from the date of production, apply to the local district/county real estate administrative department with the application form for registration of the owners' committee, the approval certificate of the street office, the power of attorney of the owners and other related documents.

9. Approve and reply. District and county-level city real estate administrative departments shall, after examination, give a written reply to the owners' committee. The owners' committee will engrave the official seal with the approval from the public security department, and report the official seal style to the district, county-level city real estate administrative departments and sub-district offices for the record.

Legal basis:

People's Republic of China (PRC) Civil Code

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.