Legal analysis
According to the relevant laws and regulations, the owners' congress has the right to select and hire property management companies, and it is also the main body of replacing property management companies. They can hire a new property company to take over the original property company through the owners' meeting and provide property management services for the owners of the community. After the termination of the realty service contract, the original realty service personnel shall continue to handle the realty service before the new realty service personnel selected by the owners or the owners' congress or the owners who decide to manage themselves take over. You can also ask the owner to pay the property fee during this period. If you want to dismiss or change the property, it must be decided by the industry Committee or the majority of the owners. More than half of the owners agree to dismiss or hire the realty service enterprise. If the original property company refuses to withdraw from the resolution on the dismissal or employment of the property passed by more than half of the owners, it can be required to withdraw through the court. If you live in a residential area, the property construction area will reach more than 50%. Or if the delivered construction area of the property reaches more than 30% and less than 50%, and has been used for more than 1 year, five or more owners may jointly submit a written application for the establishment of the owners' committee to the neighborhood office or the town people's government where the community is located. After receiving the application, the sub-district office will give a written reply to guide the community to set up the preparatory group of the owners' Committee. After the approval of the preparatory group, notify the property management company to report the list of all owners, contact address and contact telephone number to the sub-district office within 15 days, and the sub-district office will submit the above materials to the preparatory group within 5 days after receiving the relevant materials. The preparatory group will organize all building owners to produce candidates for the owners' committee by self-recommendation or recommendation, and post the resumes of the candidates for the owners' committee, the voting format samples of the owners' committee, the agenda of the owners' meeting, etc. to the owners, and deliver them to all owners in writing.
legal ground
People's Republic of China (PRC) Civil Code
Article 949 Upon the termination of the realty service contract, the original realty service provider shall withdraw from the realty service area within the agreed time limit or within a reasonable time limit, return the realty service premises, relevant facilities and relevant materials required for realty service to the owners' committee, the owners who decide to manage themselves or their designated persons, cooperate with the new realty service provider in the handover work, and truthfully inform the use and management status of the property. If the original property service provider violates the provisions of the preceding paragraph, the owner shall not be required to pay the property fee after the termination of the property service contract; If losses are caused to the owner, it shall compensate for the losses.
Article 950 After the termination of the realty service contract, the original realty service provider shall continue to handle the realty service matters before the new realty service provider selected by the owner or the owners' congress or the owner who decides to manage it by himself takes over, and may require the owner to pay the realty fee for this period.