How do I change my strata company and how do I change my strata company?

If there is a general meeting of owners in the community, the owners can report to the general meeting of owners, and the general meeting of owners will come forward to negotiate with the property or decide whether it is necessary to change the property management company. In addition, the owner can also go to the price bureau to find out whether the property charges have been approved by the price bureau, and the owner thinks that the property charges and services are not in line with the property charges, and if the charges are charged arbitrarily without the approval of the price bureau, he has the right to complain to the price bureau, and the price bureau has clear provisions on the charges implemented by the property management company, and has the right and obligation to supervise them. The Housing Authority is the industry management department of the property management company and has the obligation to deal with the irregularities of the property management company.

Owners can also lodge a complaint with the Housing Authority or the Consumer Association.

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

Article 286: Owners shall abide by laws, regulations, and management regulations, and their relevant actions shall comply with the requirements of conserving resources and protecting the ecological environment. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees.

Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.

Civil Code of the People's Republic of China

Article 287: Owners have the right to request that construction units, property management service enterprises or other managers, as well as other property owners, bear civil liability for their infringement of their lawful rights and interests.

The first step must be to set up an owners' committee. The Owners' Committee is the embodiment of the will of all owners and is convenient for carrying out affairs on behalf of all owners. If there is no owners' committee, all owners will have to sign off on any procedure, which is difficult to promote.

In reality, there are many property companies that are afraid of being replaced and obstruct the establishment of the property committee.

The second step is that the property committee must actively communicate with all owners to see if most of the owners strongly request to change the property company, and the "silent majority" owners may feel that the property is useless and too lazy to change. At this time, it is easy for the property committee to change property management companies to be thankless.

The third step is to urge the property management company to actively rectify, not to investigate the past, and give the property company a chance to correct.

Step 4 The Owners Committee shall notify the property service provider in writing 60 days in advance of the dismissal. Sign an agreement with the new property company through bidding or agreement selection. The new and old property companies are handed over, the old property companies are withdrawn, and the new property companies start to serve.

If more than 20% of the owners suggest, the Owners Committee should organize and convene an extraordinary general meeting of owners, or raise the issue of changing the property management company at a regular general meeting of owners in the community. As long as the owners with property rights area and more than two-thirds of the number of owners attend the meeting, and more than half of the owners who participate in the meeting agree to change the property, the procedure of dismissing the current property management company and selecting another property management company should be initiated.

It is best to choose a property professional company according to the actual situation of the residential community and the needs of the owners by means of public bidding to serve the owners. Once the new property company is selected, it is necessary to do a good job of business handover with the old property company to ensure that the service items are seamless.

Under the condition that certain conditions are met, the owner of the community can apply for a change of property management company, and before applying, it is necessary to understand the replacement process.

1. First of all, it is necessary to determine that the replacement of the property company is the intention of most owners in order to successfully replace the property. Make a statistic**, each household goes to the owner to sign "agree to change the property", and the number and area of the household are more than two-thirds.

2. Two-thirds of the owners agree to change the property, so send a representative to the person in charge of the property management company to negotiate a peaceful settlement. If the property management company is unwilling to stop the "Property Contract" and withdraw from management, it needs to go through the following procedures.

3. Take the "consent letter" signed by the owner and the evidence of property breach to the neighborhood committee to apply for the replacement of the property. Cooperate with the neighborhood committee to handle its related hand losses. Generally, the staff of the neighborhood committee will negotiate with the property first and let Lu Xianqi withdraw on his own initiative.

If the property does not agree, legal proceedings will be taken.

4. If the evidence is sufficient, the court will support the owner's claim, terminate the property management company's "Property Contract", and let the property management company do a good job of handover and withdraw within a time limit.

5. No property committee can entrust the neighborhood committee to bid for bidding, or other institutions to organize bidding, hire other property companies, or directly invite its property management company to manage.

Considerations for changing strata companies

1. The legitimacy of the replacement procedure.

The community property management committee is an unincorporated association that represents the interests of the property owners and users of the community and is responsible for supervising and inspecting the property management of the community, which is the key to solving the problem of community property management. Therefore, the legal status of the owners' committee must be established in accordance with the law. The other is related to the replacement, which must be approved by the general meeting of the property owners of the community.

On the premise of ensuring the support of the majority of property owners and users, a general meeting of property owners will be convened to form a resolution, so that the action of replacing the property management company has a sufficient basis and legal basis for the cancellation of the property company.

2. Obtain support from relevant parties.

It is particularly important to reconcile the relationship between the relevant parties, including the relationship between the developer, the owners' committee, the original property management enterprise and the new property management enterprise, so that they can achieve as much consistency as possible, for a smooth replacement. The support of Zhongzheng mainly refers to the provision of legal counsel and legal support. Property management consultants, financial advisors, provide professional support.

**The competent authorities, providing policy support, obtaining guidance and support, cannot be ignored.

The first step is to set up an owners' committee.

Step 2 The Owners Committee organizes and convenes a meeting of the owners' general meeting, the topic of the meeting is whether to change the property management company, two-thirds of the owners participate, one-half of the participating owners agree, the topic is passed, and the Owners Committee notifies the property of the dismissal in writing 60 days in advance.

During the period, a new property management company can be selected through bidding or agreement selection.

Finally, when the 60 days arrive, the old property leaves and the new property enters.

Be open and self-reliant, and provide more detailed consultations.

If you want to change the property company, the owners' committee of the community should hold a general meeting of owners, and when the owner's representative votes more than 2 3, and the number of people agrees to change the property company, you can report to the superior and change the property company.

If none of the above methods are satisfactory to the owner, the owner can change the strata company. According to the current house purchase procedure in China, the buyer must sign a house purchase contract with the developer. At the same time, when using the standard real estate sales contract that is uniformly issued and used, there will be a clause that the buyer agrees that the house he purchases will be managed by the seller or the buyer's property management company.

Therefore, the purchaser is bound by the pre-property service contract signed by the property management company selected by the developer for him and accepts the property management services. Therefore, in practice, many property management companies usually use this as a reason to claim that the owner has no right to change the property management company. The "Property Management Regulations" clearly stipulate that the majority of owners have the right to select, hire and hire property service enterprises.

The selection and dismissal of property management service enterprises shall be jointly decided by the owners, but shall be subject to the consent of the owners of the exclusive part accounting for more than half of the total area of the building and the owners accounting for more than half of the total number of owners. Therefore, as the real owner of the community, the majority of owners have the right to re-choose the property management company to provide property management services for them. Note: Owners are not allowed to refuse to pay property management fees because of the poor service quality of the property management company, which is a wrong practice.

Because after the owner and the property management company sign the property service convention, the two parties have formed a service contract relationship, so the owner should pay the property fee within the agreed time limit. Because of the property management fee, if the owner does not pay on time, it will inevitably cause the property company to be unable to carry out better services due to insufficient funds, and then cause a decline in service quality. Therefore, whether it is from the perspective that the owner wants to urge the property management company to improve the quality of property services, or from the perspective of the law, the owner should pay the property management fee on time.

If the property owner fails to pay the property management fee within the time limit, the property management company has the right to sue the property owner. At this time, the owner can be based on the quality of property services, firstly, the most common may be the property management services business, and secondly, it also includes the maintenance of some infrastructure.

Article 946 of the Civil Code of the People's Republic of China provides that if the owner jointly decides to dismiss the property service provider in accordance with the legal procedures, the property management service contract may be terminated. 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.

1. Submit an application. If you live in a community where the building area of the property has been delivered to more than 50, or the construction area of the property has been delivered to more than 30 less than 50, and it has been used for more than one year, then the owner of more than 5 people can jointly submit a written application to the sub-district office or town people** where the community is located, fill in the application form for the establishment of the preparatory group for the owners' meeting, and establish the owners' committee.

2. Set up a preparatory group. After receiving the application, the sub-district office made a written reply to guide the community to set up a preparatory group for the owners' committee.

3. Carry out preparatory work. After the establishment of the preparatory group is approved, the property management company shall be informed to report the list of all owners, contact addresses and contact ** and other materials in its possession to the sub-district office within 15 days, and the sub-district office shall submit the above information to the preparatory group within 5 days after receiving the relevant materials.

4. Approve and reply. The district or county-level city real estate administrative department shall give the owners' committee a written reply after review. The owners' committee shall go to the public security department to engrave the official seal with the approval document, and report the official seal to the real estate administrative department of the district or county-level city and the sub-district office for the record.

1. What is the scope of property management?

1. Housing maintenance and repair management, which is the main aspect of housing property management. The maintenance and management of the house and its equipment ensure that the house and equipment are applicable in a normal state, and do not cause damage due to unreasonable facilities and incorrect use, and keep the house and equipment in good condition. Extend the service life of houses, equipment and facilities through the repair of buildings, equipment and facilities, and reduce natural obsolescence.

Give full play to the utility of housing and equipment, and safeguard the legitimate rights and interests of property owners and users.

2. Greening management. Formulate and implement the greening management regulations in the management area, and provide a warm and elegant living environment for property owners and users.

3. Hygiene management. Provide a high-quality sanitary environment area for property owners and users to meet the living needs of property owners and users.

2. The process of registering a property management company is as follows.

1. The company's brand logo

2. A description of the number and shares of investors in the company to be prepared, and the distribution of responsibilities of each investor;

3. Prepare the start-up capital prepared by the company (at least one year of operation is required to be eligible to apply);

4. A description of the company's business scope (must be thorough, because the current and future expansion need to be considered);

5. Determine the certification materials of the company's legal person and supervisor in advance.