Substitution attribute
Property services involve the owners of the whole community. Therefore, the hiring and replacement of property companies should be carried out with the unanimous consent of all owners. At this time, the owners' meeting is particularly important. If there is no owners' meeting and owners' committee in your community, then you should follow the following steps to gradually drive away the inactive property companies.
I. Preparing for the election of the owners' committee by the owners' congress
1. Preparation for launching: It is necessary to collect more than 5% of the owners' signatures (both in number and exclusive area), support the establishment of the owners' meeting and elect the owners' committee.
2. Apply to the subdistrict office for assistance: According to the Property Law and the Ningbo Property Management Measures, the subdistrict office has the responsibility to provide early assistance.
3. Establish the preparatory group for the owners' meeting: 4- 10 owners' representatives and 1 developers' representatives are needed. According to the current administrative documents, the head of the preparatory team is appointed by the office.
Special attention should be paid here: first, there must be at least 8 owners' representatives to ensure that they will not split and disintegrate; Second, the leader of the preparatory group is a public interest lawyer at the request, and the staff of the neighborhood Committee and the directors of other community neighborhood committees are unable to bear the corresponding responsibilities.
4. Preparatory work: including drafting the management statute and the rules of procedure of the owners' meeting, soliciting candidates for the owners' committee, and preparing the meeting plan of the owners' meeting.
What needs to be noted here is: first, the government's guiding opinions and guiding documents are not mandatory; Second, future laws and regulations should be as smooth as possible, and don't copy the government's model text; Third, at this stage, we should expand publicity as much as possible to let the owners know the progress; Fourth, get used to video recording the meeting. Every time you prepare for the meeting, you should sign in and sign the resolution, exchange views with government staff, keep written documents on key issues and ask the other party to sign and stamp. Fifthly, every step of the preparatory work should be signed by the leader of the preparatory group, with at least two signed documents, one of which should be kept in the hands of the most credible owner representative.
5. Organize voting: At this stage, as many votes as possible should be collected, and at least 65% of the votes should be collected to ensure the success of the preparation.
6. Publicity and filing: According to the current administrative norms, as long as the documents are complete, the filing can be completed at that time.
Two, the owners' committee proposed to terminate the owners' meeting of the existing property company.
Owners need to change the property company, it shall convene a general meeting of owners, which shall be decided by the owners through collective agreement or written voting. The dismissal or employment of a property company requires the consent of more than half of the owners.
Third, hire a new property management company to solve the problem of owners.
After dismissing the original property company, the owners' committee will sign a property service contract with the property company newly selected by the owners' congress.
Through the above three steps, the original inaction property company will be replaced. It is very important for owners to know their rights and obligations when selling goods at ordinary times, and they should be well-founded when coordinating management with property companies. In the face of inaction, property companies should bravely defend their rights. I hope it helps you.
(The above answers were published on 2015-10-21. Please refer to the actual situation for the current purchase policy. )
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