Detailed procedures for changing attributes

How to change the property management procedure According to the laws and regulations of property management in China, the owners' committee is the exerciser of the right to select property management enterprises in the property area, and the owners' committee is also the subject with the right to change property management enterprises. Therefore, the owner's request to change the property management enterprise must be implemented through the owner management Committee and certain procedures.

1. Procedures required for statutory change of property management companies. When the property management enterprise has the legal conditions to replace the property management enterprise, that is, the property management enterprise loses certain business qualifications and business qualifications, the property management entrustment contract signed with the owners' committee or the owners will automatically terminate, and the owners' committee can re-select a new property management enterprise through bidding according to the conditions and procedures for selecting and hiring the property management enterprise.

2. Agree to change the conditions and procedures required by the property management enterprise. When it is necessary to replace the property management enterprise due to the reasons stipulated in the property management entrustment contract, the owners' committee can directly carry out it according to the stipulations of the property management entrustment contract, or the owners' committee can terminate the contract with the property management enterprise after specific operations according to the complaints of the owners or property users. The owners' committee may, in accordance with the conditions and procedures for hiring property management companies, re-hire new property management companies through bidding. What matters need to be solved before the owners' committee replaces the property management enterprise through bidding?

According to different situations, the owners' meeting decides the following matters before bidding: (1) authorize the owners' committee or entrust a bidding agency to organize bidding; (2) to determine whether to adopt public bidding or invitation bidding; (3) After authorizing the owners' committee to directly determine the list of candidates recommended by the bid evaluation committee, the owners' congress will finally determine the winning bidder; (4) the price range or level of property services. Is it necessary for the owners' committee to put on record before bidding?

Before bidding, the owners' committee shall go to the district and county land resources and housing administration where the project is located for the record. The following materials shall be submitted when filing: (1) resolution of the owners' meeting; (2) A tender announcement or an invitation to bid; (3) Bidding documents; (4) Other materials as prescribed by laws and regulations. If the owners' committee entrusts a bidding agency to conduct bidding, it shall also submit a power of attorney signed by both parties.

How to ensure the owners' right to know in the process of organizing bidding by the owners' Committee? Owners' right to know should be guaranteed from the following aspects: (1) If a meeting of owners' congress is held in the form of soliciting opinions in writing, the owners' committee shall publicize the prominent position of the resolution of owners' congress in the property management area to all owners before bidding; (2) In the process of bid evaluation, the on-site defense can be made public and the owner can attend; (3) After the bid evaluation, the owners' committee can publicize the bidding process and the bid evaluation report submitted by the bid evaluation committee to all owners; (4) After the winning bidder is determined, the owners' committee shall publicize its basic information and the main contents of the property service contract determined by it to all owners in a prominent position in the property management area, such as service content, scope, standard and price.

How many days in advance should the owners' committee inform the original property management enterprise when it changes the property management enterprise through bidding? If the original property service contract is about to expire, and the owners' meeting decides to re-employ the property management enterprise, it shall promptly convene all the owners' meetings, and inform the property management enterprise of the relevant resolutions in writing three months before the expiration of the original property service contract. If the preliminary realty service contract has not expired, and the owners' general assembly decides to hire other realty management enterprises, it shall promptly inform the realty management enterprises in writing after making the resolution.

When should the bidding of the owners' committee be completed? The owners' meeting shall complete the work of selecting property management enterprises through bidding one month before the expiration of the original property service contract. It seems that it is necessary to set up an owners' committee, and more than half of the owners can change their properties. The conditions for establishing the owners' committee are as follows: (1) The construction area of the public houses sold reaches more than 30%; (two) the sales area of new commercial housing reached more than 50%; (3) The house has been sold for 2 years. I bought a commercial house in April 2006 and moved in the next month. After check-in, it was found that the residential property management was particularly chaotic, and the residents were dissatisfied with the service of the residential property company. Can I change to a property management company? What rights do our owners have in property management and what restrictions should they be subject to?

■ The lawyer replied: 1. Can you change to another property management company According to the relevant provisions of China's property management regulations, the owners' meeting has the right to decide to hire and dismiss property management companies. Before the owners' congress and the owners' congress hire a property management enterprise, the construction unit shall sign a written preliminary property service contract. The prophase realty service contract may stipulate the time limit; 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.

If the owners' committee is not established now, it doesn't matter. According to the provisions of Article 10, the owners in the same property management area shall set up the owners' meeting and elect the owners' committee under the guidance of the real estate administrative department of the district or county people's government where the property is located. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.

In other words, when the owners' committee (owners' assembly) is not established in the community, all the owners jointly perform their duties. When you find a suitable property management company, as long as more than two-thirds of the owners in the community sign a property management contract with the new property management company, the contractual relationship with the current property management company will automatically terminate. First, the dismissal or replacement of the property can be decided by both the industry committee and the majority of the owners themselves. 2. According to Article 76 of the Property Law of People's Republic of China (PRC), more than half of the owners agree to dismiss or hire the realty service enterprise. Third, if the original property company refuses to withdraw from the resolution of dismissing or hiring property passed by more than half of the owners, it can be forced to withdraw through the court.

(The above answers were published on 20 15-04-20. Please refer to the actual situation for the current purchase policy. )

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