What is the procedure for the industry Committee to dismiss the property company?

Property refers to all kinds of houses and their supporting equipment, facilities and venues that have been built and put into use. Real estate can be large or small, a flat can be a real estate, and a building can also be used as a real estate. The same building can be divided into several real estates according to different ownership. Next, I will give you a further answer to the details of the property dismissal procedure of the industry Committee!

I. Procedures for the Industry Committee to dismiss the property

(1) The property contract will not be renewed when it expires.

The property service contract will not be renewed when it expires, and the owners' committee will inform the property company in writing.

(2) Termination of the agreement

1. The owners' committee reached a consensus with the property company to terminate the property contract;

2. The contract has not expired, but there are reasons for the termination of the property contract, which can be directly terminated according to the contract.

(3) Legal dissolution

In any of the following circumstances, the owners' committee may notify the property management company to terminate the contract. If the property management company has any objection, the owners' committee may bring a lawsuit to the local court, and after the judgment of dissolving the property contract takes effect, a new property management company will be selected:

1. The purpose of the property contract cannot be achieved due to force majeure or breach of contract by the property company;

2. The property company fails to perform its main contractual obligations;

3. The property management company delays the performance of its main contractual obligations and fails to perform them within a reasonable period after being urged.

(four) hiring a new property company

1, authorize the owners' committee or entrust a bidding agency to organize bidding;

2, determine to take public bidding or invitation to bid;

3. After authorizing the owners' committee to directly determine the list of candidates recommended by the bid evaluation committee, the owners' congress will finally determine the winning bidder;

4. The owners' committee signed a property contract with the property company, arranged the handover procedures for the new and old property companies, and the new property company entered the site.

2. Does the industry committee have the right to dismiss the property?

The owners' committee has the right to request the termination of the property service contract. However, because the property management area belongs to all owners, the management level of the property management company is closely related to the interests of all owners. Therefore. If the owners' committee wants to dismiss the property company, it needs to convene a meeting of owners, and the owners will vote to decide whether the property company will stay or not. To this end, Article 76 of the Property Law stipulates that "the hiring and dismissal of property service enterprises or other managers shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the people". According to this regulation, the decision-making procedure for dismissing the property company is as follows: first, the consent of the owners whose construction area accounts for more than half of the total construction area of the community must be obtained; Second, it is necessary to obtain the consent of the owners who account for more than half of the total number.

Third, how to replace the property

Real estate can be sold at one time, or rented out sporadically, and can be consumed while circulating; Its value can be recovered at one time or many times over a long period of time. According to China's "Property Management Regulations", the owners' congress has the right to decide to hire and dismiss 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.

Now the property includes many forms, such as office buildings, commercial buildings, residential quarters, villas, industrial parks, hotels, factories, warehouses and so on.