Is it legal for the people of our community business committee to drive out the business company and

The people of the community owners committee want to terminate the property service contract, and the people of the owners committee do it themselves; It does not comply with Article 278 of the Civil Code, which stipulates that the "selection and dismissal of property service enterprises or other managers" shall be jointly decided by the owners. The Owners' Committee shall comply with Article 34 of the Property Management Regulations, which stipulates that "the owners' committee shall enter into a written property management service contract with the property management service enterprise selected by the owners' general meeting". The members of the business committee who do not dismiss or select in accordance with laws and regulations shall also bear legal responsibility; According to the third paragraph of Article 286 of the Civil Code, "if the owner or other actor refuses to perform the relevant obligations, the relevant party may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law".

It is not legal to do so, because the property is a legal unit belonging to the community.

This is also okay if the majority of the owners agree to replace the strata company.

The community itself was formed, and the owners' committee has the right to evict the property, as they represent the opinions of all owners.

Anyone in the community can do it, but there must be a property company.

To put it bluntly, the owners committee represents all the owners of the community, and the owners committee also has the right to replace the property management company, provided that the owners' meeting is also held to pass the vote.

It is certainly not legal for the people who drive out the property management committee to do it themselves, and the community must have a property company, and the property company is an enterprise, a legal person, and must be held legally responsible for any problems.

For example, if there is a problem with the fire hydrant in the community, and it happens that the community is on fire and people are burned, then the legal person of the property company will be legally responsible and will be imprisoned.

It would be even more illegal if the people of the property committee did it by their own property management company, and the selection and appointment of the new property management company should be subject to public bidding, not that whoever wants to do it will do it.

If you do not agree with the work of the Owners' Committee, you can give feedback to the community and the street, or you can ask the Owners' Committee members directly.

Legal Analysis:

No owners' committee can evict a property, and no owners' committee can convene an owners' meeting to study and confirm the recruitment or dismissal of a property company. The community can take the lead and convene a general meeting of owners, with the participation of more than 2 3 owners, that is, the resolution of the general meeting of owners can be formed. According to the provisions of the "Property Management Regulations", all owners in the property management area shall form a general meeting of owners, and the general meeting of owners shall represent and safeguard the legitimate rights and interests of all owners in property management activities in the property management area.

Therefore, the general meeting of owners can form a resolution to pass the resolution on the recruitment and removal of the property company. The owners' committee refers to the executive body of the owners' general meeting composed of the owners' representatives elected by the owners in the property management area, representing the interests of the owners through the implementation of the decisions of the owners' general meeting, reflecting the wishes and requirements of the owners to all parties in the society, and supervising and assisting the property service enterprises or other managers to perform the property service contract, and does not have independent legal personality.

Legal basis: Property Management Regulations

Nineth property management area to establish a general meeting of owners.

The division of property management areas shall take into account factors such as the common facilities and equipment of the property, the scale of the building, and community construction. Specific measures are to be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Tenth in the same property management area of the owners, should be located in the district and county people's real estate administrative departments or sub-district offices, township people's ** under the guidance of the establishment of the owners' meeting, and the election of the owners' committee. However, if there is only one owner, or if the number of owners is small and all the owners unanimously agree not to establish a general meeting of owners, the owners shall jointly perform the duties of the general meeting of owners and the owners' committee.

Article 11 The following matters shall be jointly decided by the owners:

1) Formulate and revise the rules of procedure of the general meeting of owners;

2) Formulating and revising management regulations;

3) To elect the owners' committee or replace the members of the owners' committee;

4) Selecting and dismissing property service enterprises;

5) Raise and use special maintenance funds;

6) To reconstruct or reconstruct buildings and their ancillary facilities;

7) Other major matters related to co-ownership and co-management rights.

Derivative question: What is an owners' committee?

The owners' committee refers to the executive body of the owners' general meeting composed of the owners' representatives elected by the owners in the property management area, representing the interests of the owners through the implementation of the decisions of the owners' general meeting, reflecting the wishes and requirements of the owners to all parties in the society, and supervising and assisting the property service enterprises or other managers to perform the property service contract, and does not have independent legal personality.

Legal Analysis: Illegal, the Owners Committee needs to convene a general meeting of owners to go through the procedures for dismissing the original property. According to the relevant laws and regulations, the owner can manage the building and its ancillary facilities by himself, or entrust the property management service company or other managers to manage.

Legal basis: Civil Code of the People's Republic of China

Article 278: The following matters shall be jointly decided by the owners: (1) formulating and amending the rules of procedure of the owners' general meeting; 2) Formulating and revising management regulations; 3) To elect the owners' committee or replace the members of the owners' committee; (D) the selection and dismissal of property service enterprises or other managers; (E) the use of funds for the maintenance of buildings and their ancillary facilities; (6) Raising funds for the maintenance of buildings and their ancillary facilities; (7) Reconstructing or reconstructing buildings and their ancillary facilities; (8) Changing the use of the common part or using the common part to engage in business activities; (9) Other major matters related to co-ownership and co-management rights. Matters jointly decided by the owners shall be voted on by the owners of the exclusive part accounting for more than two-thirds of the area and the number of owners accounting for more than two-thirds.

Decisions on the matters provided for in items 6 through 8 of the preceding paragraph shall be made with the consent of more than three-quarters of the owners of the exclusive portion of the voting area and more than three-quarters of the owners participating in the voting. Decisions on other matters in the preceding paragraph shall be made with the consent of more than half of the owners of the area of the exclusive part of the voting and more than half of the owners participating in the voting.

Article 946:Where the owners jointly decide to dismiss the property management service provider in accordance with the legal procedures, they may terminate the property management service contract. Where a decision is made to dismiss, the property management service provider shall be notified in writing 60 days in advance, except where the contract provides otherwise for the notice period. Where the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property management service provider, the owner shall compensate for the losses except for reasons not attributable to the owner.

Legal Analysis: According to the Property Management Regulations, the owner is the owner of the community, and the property is the housekeeper hired by the owner to serve the owner. However, in fact, the entry of many properties is not agreed by the owner, but the exchange of interests between the developer and the relevant competent unit.

Legal basis: Article 11 of the "Property Management Regulations" The following matters shall be jointly decided by the owners:

1) Formulate and revise the rules of procedure of the general meeting of owners;

2) Formulating and revising management regulations;

3) To elect the owners' committee or replace the members of the owners' committee;

4) Selecting and dismissing property service enterprises;

5) Raise and use special maintenance funds;

6) To reconstruct or reconstruct buildings and their ancillary facilities;

7) Other major matters related to co-ownership and co-management rights.