Provisions of Civil Code on Pre-sale Contract

Legal analysis: Pre-property management, generally speaking, the current property management enterprise is designated by the developer, and the term of the pre-property service contract can be agreed; However, if the realty service contract signed by the owners' committee and the realty management enterprise comes into effect before the expiration of the term, the prophase realty service contract shall be terminated. Owners can find their own property management companies. When the owner signs a property management contract with the found property management company, all relations with the current property management company will automatically terminate. In other words, the owners can make their own decisions regardless of the current property management company.

Legal basis: Article 285 of the Civil Law of People's Republic of China (PRC), a realty service enterprise or other manager shall, on the entrustment of the owner and in accordance with the provisions of the third part of this Law on realty service contracts, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 286 of the Civil Code of People's Republic of China (PRC) * * * Owners shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.