Legal analysis: Step 1: Preparing for the establishment of the owners’ meeting to elect the owners committee
1. Preparation: It is necessary to collect signatures from more than 5% of the owners (both the number of people and the exclusive area must exceed). Support the establishment of the owners' assembly and the election of the owners' committee.
2. Apply for assistance from the sub-district office where you are located: According to the "Property Law" and the "XX City Property Management Measures", the sub-district office has the responsibility to provide preparatory assistance.
3. Form a preparatory group for the owners' meeting: 4-10 owner representatives and one developer representative are required. It should be noted that there should be at least 8 owner representatives to ensure that they are not divided and collapsed; the preparatory team leader should be a public interest lawyer as required. Neighborhood committee staff and other community owners’ committee directors are unable to bear corresponding responsibilities.
4. Preparatory work: including drafting the "Management Statute" and "Rules of Procedure for the Owners' Conference", soliciting candidates for the Owners' Committee, and preparing the meeting plan for the Owners' Conference, etc.
5. Organize voting: Collect as many votes as possible, at least 65%, to ensure successful preparations.
6. Public announcement and filing: As long as the documents are complete, the filing can be completed at that time.
Step 2: The owners committee proposes to dissolve the existing property company and the owners meeting approves it: If the owners need to change the property company, an owners meeting should be convened and the decision shall be made by collective agreement or written vote of the owners. The dismissal or selection of a property management company requires the consent of more than half of the owners.
The third step: Select a new property company to solve the owner's problems: After the dismissal of the original property company, the owners committee and the owners meeting will sign a property service contract with the new property company.
Legal basis: "Property Management Regulations of the People's Republic of China" Article 11 The following matters shall be decided jointly by the owners:
(1) Formulating and modifying the owner's regulations Rules of procedure of the general meeting (2) Formulate and amend management regulations (3) Elect the owners committee or replace the members of the owners committee (4) Select and dismiss property service companies (5) Raise and use special maintenance funds (6) Renovate and rebuild buildings and Its ancillary facilities (7) Other major matters related to ***’s ownership and shared management rights.