How can I change the property management company?

The owners' meeting is needed to replace the property management company, and the owners' meeting can vote to elect and dismiss the property management enterprise. If the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. 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 in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner. The specific process is as follows:

1. application

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. Information disclosure

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. Election Committee candidates

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. Owners Committee applying 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. Approval 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.

According to the Regulations on Property Management and the Civil Code of People's Republic of China (PRC), the owners' congress has the right to decide on the hiring and dismissal of 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 takes effect before the expiration of the term, the prophase realty service contract shall be terminated.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 946 If the owner decides to dismiss the property service provider according to legal procedures, the property service contract may be terminated. 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 in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.

property management regulations

Article 6 The owner of a house is the owner. Owners enjoy the following rights in property management activities:

(a) in accordance with the provisions of the realty service contract, accept the services provided by the realty service enterprise;

(two) proposed to convene a meeting of the owners' congress, and put forward suggestions on matters related to property management;

(three) put forward suggestions on formulating and amending the management statute and the rules of procedure of the owners' congress;

(four) to participate in the owners' meeting and exercise the right to vote;

(five) to elect members of the owners' committee and enjoy the right to be elected;

(six) to supervise the work of the owners' committee;

(seven) to supervise the realty service enterprise to perform the realty service contract;

(eight) the right to know and supervise the use of * * * parts of the property, * * facilities and equipment and related sites;

(nine) to supervise the management and use of special maintenance funds for * * * parts of the property and * * * facilities and equipment (hereinafter referred to as special maintenance funds);

(ten) other rights stipulated by laws and regulations.

Eleventh 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;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.