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Legal analysis: 1. First of all, it is determined that the change of property company is the will of the vast majority of the owners, and the number of households is more than two-thirds of the house, in order to successfully replace the property.
2. If two-thirds of the owners have agreed to replace the property, they can send the owner's representative to negotiate with the person in charge of the property management company. If the property management company is unwilling to stop the "Property Contract" and withdraw from its management, it will go through the following procedures.
3. The owner's representative applies to the neighborhood committee for the replacement of the property with the consent letter signed by the owner and the evidence of property default. The owners cooperate with the neighborhood committee to go through the relevant procedures. If the property does not agree, legal proceedings will be taken.
4. If the evidence is sufficient, the court will support the owner, terminate the property company's "Property Contract" in accordance with the law, and let the property company do a good job of handover and withdraw within a time limit.
5. If the community does not set up a property committee, the owner can entrust the neighborhood committee or other institutions to organize the bidding for new properties, hire other property companies, or directly invite their property management companies to manage them.
Legal basis: Civil Code of the People's Republic of China.
Article 465:Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
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If the establishment of the owners' committee is held at a general meeting, the majority of the people can change the property company.
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With the improvement of living standards, everyone's requirements for property are getting higher and higher. But in real life, many properties are not satisfactory, with high fees and poor service, so many people will want to change the property, so how to change the property company in the community? Next, let's introduce the relevant content to you, let's take a look.
1. Initiate the preparation and set up a preparatory group.
Changing the property management company is not a matter of one person or a family, but a matter of the entire community. The opinion of one person who misses Zen is not convincing enough, so it is necessary to organize all owners and solicit everyone's opinions. To initiate the preparation, it is necessary to collect the signatures of more than 5% of the owners, and then set up an owners' meeting to elect the members of the owners' committee.
2. Send an application for assistance to the sub-district office.
The first institution that manages the community is called the sub-district office. Changing the property company involves both the owner and the property, and in order to get the most out of your rights, you can find someone from the street office to assist in the reasonable allocation.
3. Negotiate directly with the developer.
The property company is generally certified by the developer, and the developer has the right to decide which property company to manage which community after the house is handed over. If the owner is not satisfied with the property, he can negotiate with the developer to change the property company.
4. Find a lawyer to deal with it.
If the landlords can't solve the problem, they can find a lawyer to help. It is recommended that the owners of the community find a lawyer who is familiar with property law, so that the time of the big lawsuit will be smoother. It is easier and more professional to ask a lawyer to help, and the lawyer's fee can be shared equally by everyone, and the cost will not be too high.
5. Negotiate directly with the community property company, and take harmony as the most valuable.
There are many details of the service that the property management company does not do well, which will cause dissatisfaction among the owners. If you can, find a few representatives of the owners to sit down with the property and talk about the areas that need to be improved in the property, so that we can make progress together.
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2. Formulate a property management bidding document, and notify the property company currently responsible for management to re-select the property service company.
3. Invite bids or open bidding, and the property company shall evaluate and defend the bids. After the winning bidder is selected, the bidding results will be sent to the neighborhood committee and the property department of the housing authority (housing and urban-rural development committee) and the community for the record.
4. After that, you can notify the former property company of the handover matters, and notify the community office and the neighborhood committee, and cooperate with the new and old property companies to carry out the handover of files and materials, such as auditing property management accounts, financial handover, equipment handover, etc.
5. Finally, the new property starts to work, and the old property leaves.
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If the property management service is not in place, then it may bring a lot of inconvenience to the owners at this time, and at this time, it will give the owners the idea of replacing the property. Let's introduce to you how to change the property company in the community.
1. There must be a legal basis for the reason for replacing the property: during the validity period of the "Property Contract", the property cannot be replaced at will, and the property company must violate the content of the "Property Contract", and there is a breach of contract and sufficient evidence before it can terminate the contract according to the "Property Law". If the "Property Contract" expires, go through the neighborhood committee procedure, do not automatically renew, and bid for a new property company.
2. Two-thirds of the owners agree to change the property: First of all, it is necessary to determine that the replacement of the property management company is the intention of most of the owners, in order to successfully replace the property. Make a statistic**, and each household goes to the owner to sign "agree to change the property". More than two-thirds of the number of households and the area are enough.
3. Negotiate with the original property to terminate the contract: two-thirds of the owners agree to replace 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.
Generally, the staff of the neighborhood committee will negotiate with the property first, so that they can take the initiative to withdraw from the smile. If the property does not agree, legal proceedings will be taken.
5. Terminate the "Property Contract" signed by the property management company: If the evidence is sufficient, the court will support the owner's claim, terminate the "Property Contract" of the property management company, and let the property management company do a good job of handing over and withdraw within a time limit.
6. Mu Shengchai bidding to hire new properties: no property committee can entrust the neighborhood committee to bid for it, or other institutions to organize bidding, hire other property companies, or directly invite its property company to manage.
Summary: The relevant content of how to change the property company in the community is introduced here, and it is relatively troublesome to change the property company, and at the same time, it is necessary to master some skills, I hope the above introduction will be helpful to you.
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If the property service attitude is poor and there is a breach of contract, then you can choose to change the property company. And how to change the property company in the community, and how the property company judges the good or bad, do you understand? Now let's take a look.
1. How to change the property company in the community.
1. 2 3 users in the community need to agree to change the property; 2. Negotiate with the owner's representative and the person in charge of the property to strive for a peaceful settlement; 3. If the property does not agree to withdraw, the owner's representative shall submit the evidence of property breach of contract and the consent letter signed by the owner to the neighborhood committee; 4. If the mediation of the neighborhood committee is unsuccessful, the "property contract" will be terminated if the legal procedure is taken and the evidence is sufficient; 5. Bidding for new property companies.
Second, how to judge the property company.
1. The property is like the owner's housekeeper, judging whether a property company is good or bad, you can judge it from the property management fee to see whether it is within a reasonable range, and at the same time, understand the service timeliness and service attitude of the property staff.
2. You can go to the community that the property company has served before to review, to see how the green space of the community is maintained, how the stairs and public areas are cleaned, and how the security personnel of the property manage the people entering and leaving the community.
3. If it is a high-quality property company, then in addition to doing its own work, it can also add other value-added services, such as providing heating and faucet maintenance services to the owners, which not only brings convenience to the owners, but also gets additional income, and the most important thing is that it can enhance the trust of the property among the owners.
About how to change the property company in the community, and how to judge the quality of the property company, it will be introduced here first, do you understand? If the property service of the community is frequently in default and the service attitude is poor, then the property can be replaced according to the formal procedure.
The water pipeline before entering the house, the community with property is responsible for the maintenance and repair of the community, and the water company is responsible for maintenance and repair if there is no property. Of course, it is up to the property management to contact the water company. Let's see what others have to say.
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