Who knows about property transfer? Help me. . .

How do new and old property companies hand over normally?

Time: 2009-01-2021:03:18 Source:

Recently, the owners' committee of a high-grade residential area was dissatisfied with the old property company selected by the developer, but chose a new property company by itself. However, the old property refused to quit, and the new property forcibly entered, which led to the collective confrontation between the two companies for several days. The reporter learned that in view of the alternation of old and new properties, the Municipal Construction Committee is formulating interim measures for the acceptance of residential properties, which will be introduced in the near future. At the same time, the relevant person in charge answered the reporter's questions on hot issues such as the acceptance procedures and handover contents of old and new properties.

Q: Who can decide to rent a property?

A: There are differences at different stages. Property selection before occupancy and before the establishment of the owners' meeting shall be organized and implemented by the developer. After the establishment of the owners' congress, the owners' congress authorized the owners' committee to decide to organize the implementation. The developer or the owners' committee authorized by the owners' congress shall inform the neighborhood committees and sub-district offices where the community is located in writing 10 working days before the organization undertakes the acceptance activities.

Q: Is the old property contract still valid after renting a new property?

A: Both the developer and the owners' congress should choose and hire according to law when changing the property. In other words, the property management service contract with the original property company should be terminated before the organization can take over. Property contracts are generally divided into fixed term and indefinite term. If the fixed-term contract has 1 year or 2 years and 3 years, the new property management company must wait until the end of the old contract; Informal property contracts generally stipulate that "the contract will continue until the owners' meeting selects a new property and the new property contract takes effect" and so on.

Q: How to operate the acceptance of new and old properties?

A: The developer, the owners' meeting and the original property company should make good preparations before undertaking the acceptance, and notify the new property company in writing to undertake the acceptance in time. The new property shall give a written reply within 15 working days after receiving the notice, and agree that the developer or the owners' meeting will undertake the acceptance.

Within the agreed time, the developer, the owners' meeting or the original property should first hand over the information: hand over the property right information, project completion acceptance information, engineering technical information, engineering economic information and other related information to the new property.

After the data transmission is completed, the transmitting and receiving parties shall sign for approval; If there is any part that has not been handed over, both parties shall list the part that has not been handed over, determine the handover time and sign for approval.

After the data handover is completed, it is the on-site handover: the new property should check and accept the facilities and equipment used in the property management area item by item, indicating the current situation of the equipment and the time of taking over. The developer or the owners' committee shall record the inspection and takeover process and file it for future reference. The handover certificate shall be sealed by the handover parties and relevant units, and signed by the on-site participants. The developer, the owners' committee authorized by the owners' congress and the original property company shall cooperate with the new property company to take over public security posts such as public security, fire fighting and parking according to law, and maintain the normal order of the property management area.

Q: During the inspection, unqualified equipment and materials were found. What should I do?

A: If a new property project fails to pass the inspection, the developer should repair it and agree to the time for re-inspection. After the acceptance, the new property management company shall sign the acceptance certificate within 5 working days and issue the acceptance documents in time. When the new and old properties alternate, the unqualified situation is to be determined.

Both parties shall make a good record of property inspection. Property inspection records generally include housing quality inspection records, facilities and equipment inspection records and environmental engineering inspection records. Both parties can design inspection records according to the specific conditions of the property. The inspection record form shall include the name of inspection item, inspection time, inspection content, signature of inspectors, inspection conclusion, existing problems, repair opinions and tracking results. The owner has the right to ask for inspection records.

Q: The original property contract is invalid, but we have paid property fees and tens of millions of public maintenance funds in advance. How can we prevent the original property from being swept away?

A: The developer or the original property management company should hand over the property management service fee, various energy fees, deposit, special maintenance funds for * * * facilities and equipment, the parts where the property is used, the operating income and revenue and expenditure accounts of * * * facilities and equipment to the new property management company in advance.

In addition to money, the developer, the owners' congress and the original property company should hand over all the property management houses, public houses, equipment houses, production tools and office supplies owned by all the owners to the new property company.

Q: When will the original property be recovered? What about those who refuse to quit?

Answer: The original property management company should completely withdraw from the property management area within 10 working days after the inspection and takeover work is completed. If the developer, the owner or the original property company does not hand over the relevant information, the district and county real estate administrative department shall order it to make corrections within a time limit; If the relevant materials are still not handed over within the time limit, the developer and the original property company shall be notified, and a fine of more than 65,438 yuan and less than 65,438+10,000 yuan shall be imposed.

When the property service contract is terminated, if the original property company refuses to hand over the property management premises and related materials, the newly hired property company shall negotiate with the owners' committee or solve it through judicial channels, and shall not illegally and forcibly enter the property management area.