Legal provisions and procedures for changing property

Owners of residential quarters who change property companies may hold owners' meetings for collective discussion and voting. Only with the consent of owners accounting for 2/3 of all owners can the original property company be dismissed and a new property company be hired. According to China's property management laws and regulations, the owners' congress has the right to hire property management companies, and it is also the main body of replacing property management companies. They can hire a new property company to take over the original property company through the owners' meeting to provide property management services for community owners.

1. What are the requirements for changing a property management company?

1, owner * * * and decision. When hiring and dismissing a realty service enterprise, there shall be owners who account for more than two-thirds of the exclusive part area and the number of owners who account for more than two-thirds to vote, and they shall be agreed by more than half of the exclusive part area and more than half of the owners who vote;

If the contract is terminated, the owner has the right to terminate the contract. If it decides to dismiss, it shall notify the property service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract. If the termination of the contract causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.

Second, what is the procedure for property change?

1. 1. It is the wish of most owners to change the property company, and the number of households must exceed two-thirds, so that the property can be changed smoothly.

2. If two thirds of the owners agree to change the property, they can send their representatives to the person in charge of the property company for consultation. If the property management company is unwilling to stop the property contract and quit management, the following procedures will be taken.

3. The owner's representative shall apply to the neighborhood committee to change the property with the owner's signed consent and evidence of property breach. The owner shall cooperate with the neighborhood committee to handle relevant formalities. If the property does not agree, it will go through legal procedures.

4. In the case of sufficient evidence, the court will support the owner, terminate the property contract of the property company according to law, and let the property company do a good job of handover and evacuate the site within a time limit.

5. If there is no industry committee in the community, the owners may entrust the neighborhood committee or other organizations to organize new property bidding, hire other property companies, or directly invite their property companies for management.

3. Under what circumstances can I refuse to pay the property fee?

1. Delayed delivery or failure of the owner to repossess the house: Many buyers buy houses in advance, and the delivery time is uncertain. Some developers will continue to delay delivery due to various factors. In this case, the responsibility should be borne by the developer, and the owner can refuse to pay the property fee. Of course, if the owner has not closed the house, the property management company will also charge in advance. This situation can also be refused, but if the owner does not move in after taking over the house, the property management fee will be paid normally.

2. The owner has not signed a contract with the property management company: the service relationship between the general property and the owner takes effect after the contract is signed, so the property fee needs to be paid after the contract is signed. If you don't sign the contract, the owner has the right to refuse to pay the property fee, but generally, when buying a house or handing over a house, you will sign a property contract. Buyers must know what they want to do and avoid disputes arising from the property contract.

3. Failure to perform the service responsibilities stipulated in the contract: after the owner signed an agreement with the property management company, the contract stipulated what kind of services the property management company needed to provide, but after moving in, it was found that the property management company failed to perform its due responsibilities and obligations as agreed. At this time, as the owner, it has the right to refuse to pay the property fees and demand that the property behave properly and fulfill the obligations stipulated in the contract again.

4. Rental of the house, the contract stipulates that the property fee shall be borne by the lessee: after the general house is rented, the owner is only responsible for collecting the rent, and the lease contract will stipulate that the property-related expenses shall be borne by the lessee. If the property company collects property fees from the owner at this time, the owner can also refuse to pay.

Legal basis:

property management regulations

Article 11:

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;

(five) to raise and use special maintenance funds;