We ask the strata company to withdraw! Can the property company withdraw on its own?

Updated on society 2024-02-25
4 answers
  1. Anonymous users2024-02-06

    If the property management company withdraws from management, it needs to be managed as follows:

    Property enterprises involved in issues such as community withdrawal shall meet the following three requirements. First, an early warning of withdrawal should be given in a timely manner, that is, the handover should start three months in advance; Second, the exit procedures should be strictly observed, and all relevant funds, goods and materials should be smoothly handed over and handed over; The third and most important point is that property management enterprises must continue to provide services to the community before withdrawing from the community, and must not reduce the service quality, service content and service time without authorization.

    Addendum: How to write an application for the property company's withdrawal from the community?

    Look at what is the reason for quitting, there are different ways to write it:

    Two versions are recommended.

    Real Estate Development****:

    In 2007, we signed a property service contract for the community, and on August 20, 2008, the project management team was formed to officially start the property management service work.

    In view of the fact that the progress of the first-class community developed by your company is seriously lagging behind the plan, resulting in the charging area and the amount of charging being far less than expected, coupled with the construction quality problems, the owners are generally dissatisfied and refuse to pay the property management fee, our company's property service on the project is not worth the expenditure, huge losses, and it is difficult to continue.

    In view of the above-mentioned problems, our company hereby formally proposes to your company;

    1. Terminate the property management cooperation between you and us in the *** community;

    2. Your company will give reasonable compensation to our company for the loss of the project;

    3. Your company arranges a new property management company to take over the community, and our company will responsibly cooperate with the property management transfer procedures.

    I hereby write to you! Dear *** community owners:

    The property company has served the community for more than ten years, due to the low standard of property management fees, low collection rate, has always been a loss, in order to improve the community service, the property company to the majority of owners to apply for price adjustment, but not the majority of owners of support and understanding, so my company on the project of the property service income is not offset, huge losses, unsustainable.

    In view of the above-mentioned problems, our company hereby formally proposes to the owners;

    1. Terminate the property management cooperation between you and us in the *** community;

    Second, please ask the owners' committee to recruit a new property management company to take over the community, and our company will responsibly cooperate with the property management transfer procedures.

    I hereby write to you!

  2. Anonymous users2024-02-05

    It seems to be very troublesome, how many people have to sign to confirm the owners of the community,

  3. Anonymous users2024-02-04

    Legal analysis: If the property company withdraws from the management, it needs the following management: The property enterprise involved in the withdrawal of the community and other issues shall meet the following three requirements.

    First, an early warning of withdrawal should be given in a timely manner, that is, the handover should start three months in advance; Second, the exit procedures should be strictly observed, and all relevant funds, goods and materials should be smoothly handed over and handed over; The third and most important point is that property management enterprises must continue to provide services to the community before withdrawing from the community, and must not reduce the service quality, service content and service time without authorization.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 76: Parties may apply to the people's court for an evaluation on specialized issues of ascertaining facts. Where the parties apply for an appraisal, the parties are to negotiate to determine a qualified evaluator; and where negotiation fails, the people's court is to appoint one. Where the parties have not applied for an evaluation, and the people's court finds that an evaluation is necessary for a specialized issue, it shall retain a qualified evaluator to conduct the evaluation.

    Article 77: Evaluators have the right to learn about the case materials needed to conduct evaluations, and when necessary, may question parties and witnesses. The evaluator shall submit a written evaluation opinion and sign or affix a seal to the appraisal document.

    Article 78: Where parties have objections to an evaluation opinion or the people's court finds that it is necessary for an evaluator to appear in court, the evaluator shall appear in court to testify. Where upon notice from the people's court, the evaluator refuses to appear in court to testify, the evaluation opinion must not be the basis for determining the facts; The party who paid the appraisal fee may request a refund of the appraisal fee.

    Article 79: Parties may apply to the people's court to notify persons with specialized knowledge to appear in court and submit opinions on evaluation opinions or professional issues made by evaluators.

    Article 80: In the inquest of physical evidence or at the scene, the inquest person must present the people's court's identification, and invite the local basic-level organization or the party's unit to send someone to participate. The parties or their adult family members shall be present, and where they refuse to appear, it does not impact the conduct of the inquest. Relevant units and individuals have the obligation to protect the scene and assist in the inquest work on the basis of the notice of the people's court.

    The inquest personnel shall make a record of the circumstances and results of the inquest, and the inquest personnel, the parties, and the invited participants shall sign or affix a seal.

  4. Anonymous users2024-02-03

    If the property company withdraws from the management, it needs to be managed as follows: the property enterprise involved in the withdrawal of the community and other issues shall meet the following three requirements. First, an early warning of withdrawal should be given in a timely manner, that is, the handover should start three months in advance; Second, the exit procedures should be strictly observed, and all relevant funds, goods and materials should be smoothly handed over and handed over; The third and most important point is that property management enterprises must continue to provide services to the community before withdrawing from the community, and must not reduce the service quality, service content and service time without authorization.

    1. Is it responsible for repairing the property if the kitchen sewer pipe is not dredged?

    The kitchen sewer pipe is blocked, which belongs to the property management scope of the community. Property management stipulates that property management enterprises should provide the most basic management and services to all residents, including the management of housing equipment and facilities.

    As the manager of the public area of the community, the property company has the obligation to regularly repair and maintain the public facilities and public equipment of the community, and shall ensure the smooth operation of the common equipment.

    2. The provisions of the Civil Code on property service contracts.

    Article 947:Before the expiration of the term of property management services, if the owners jointly decide to renew their employment in accordance with law, they shall renew the property management service contract with the original property management service provider before the expiration of the contract period.

    If the property management service provider does not agree to renew the employment before the expiration of the property management service period, it shall notify the owner or the owners' committee in writing 90 days before the expiration of the contract period, unless otherwise agreed in the contract on the notice period.

    Article 948: Misadvantages.

    After the expiration of the property service period, if the owner does not make a decision to re-employ or hire another property service provider in accordance with the law, and the property service provider continues to provide property management services, the original property management service contract shall continue to be valid, but the service period shall be indefinite.

    The parties may terminate the indefinite property service contract at any time, but shall notify the other party in writing 60 days in advance.

    Article 949.

    If the property management service contract is terminated, the original property rental service provider shall withdraw from the property management service area within the agreed period or a reasonable period of time, return the property management service room, related facilities, and relevant materials necessary for property management services to the owners' committee, and decide to manage the property on its own or its designated person, cooperate with the new property management service provider to do a good job of handover, and truthfully inform the use and management of the property.

    Where the original property service provider violates the provisions of the preceding paragraph, it shall not request the owner to pay the property management fee after the termination of the property management service contract; Where losses are caused to the owners, the losses shall be compensated.

    Article 950.

    After the termination of the property management service contract, the original property management service provider shall continue to handle the property management service matters and may request the owner to pay the property management fee for that period before the owner or the new property management service provider selected by the owners' general meeting or the owner decides to manage it on its own.

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