[Direct answer]Yes. The property service contract is a contract that the owners' meeting can decide to terminate: if more than half of the owners participating in the voting, in terms of the proportion of the area of the exclusive part and the proportion of the number of owners, agree to terminate the contract and appoint a new property service provider, the owners' meeting can decide to dismiss the existing property service provider and appoint a new one; after the decision is made, the original property service provider shall be notified in writing and hand over the work to the new property service provider in accordance with the contract. If the original property service provider refuses to leave, the owners' meeting can sue to request the transfer of the work.

1. Problem background and typical scenarios

The common obstacles in changing property management companies include: owners complaining about the poor quality of services, but the property management company refuses to withdraw due to the contract not expiring yet; the owners' meeting fails to be held due to insufficient attendance to reach the required majority; even after the vote is passed, the original property management company refuses to hand over the gatehouse, financial records, and archives; and there's a gap in the transition period between the old and new property management companies, resulting in uncollected garbage and unrepaired elevators. Changing property management companies is a "procedural matter", and the real obstacles are never about "whether it's possible to change", but about "how to go through the procedures".

II. Key points of dispute

First, the voting threshold and scope. A majority of owners must participate in the voting and agree to the dismissal of the property management company. Parking spaces, shops, and other exclusive parts are all included in the voting. Second, the organization of the owners' meeting. If the property management committee is absent, the preparation group can organize the voting under the guidance of the local government and the community. Both electronic voting and written solicitation of opinions are legal forms. Third, the mandatory transfer of obligations. The transfer obligation of the original property management company is statutory. Archives, finances, shared facilities and equipment, and prepaid fees must all be inventoried and transferred. Those who refuse to leave will bear the obligations and compensation responsibilities during the continuation of the service period. Fourth, the cost of terminating the contract before its expiration. For early termination of the contract, the party concerned shall bear the breach of contract liability in accordance with the contract provisions, and the settlement of the expenses and breach of contract penalties shall be part of the handover negotiations.

III. Professional analysis by Henglue Law Firm

The complete process of removing a property management company is most stable when implemented in three stages: "resolution - notification - handover". **Resolution Stage**: The convocation and voting of the owners' assembly shall follow the rules of Article 278 of the Civil Code. Dismissing the property management company is a matter requiring the joint decision of the owners. To participate in the voting, owners must meet the requirements of owning more than half of the total area of the exclusive parts and accounting for more than half of the total number of owners. The consent of the majority of owners must also be obtained, with the votes requiring a double majority. During the preparation stage, three tasks must be completed: - Establish a preparation group (if the owners' committee is absent, the district and community authorities shall provide guidance); - Verify the area and number of participating owners; - Ensure the voting process complies with regulations (on-site voting, written solicitations, or electronic voting are acceptable, with original records preserved—this serves as evidence to refute future challenges to the original property management company). **Notification Stage**: After the resolution is passed, the owners' assembly or the owners' committee shall serve a dismissal notice to the original property management company, specifying the termination date and handover arrangements. If the contract has not expired, breach of contract liability shall be handled according to the contract provisions, or negotiated settlements shall be made in accordance with legal requirements. Simultaneously, the selection process for the new property management company (whether through bidding or contractual selection) shall be initiated, with the service contract terms clearly stipulating handover obligations, security deposits, and exit mechanisms. **Handover Stage**: Articles 940 and 949 of the Civil Code provide double safeguards for the handover process. If the property management contract is terminated, the original property management company shall withdraw from the service area within the agreed or reasonable timeframe and return service facilities, related equipment, documents, and prepaid fees, truthfully disclosing the current status of property use and management and cooperating with the new property management company in the handover process. Refusal to withdraw shall result in the owners being unable to demand payment for post-termination property management fees, and any losses caused shall be compensated. In practice, the most effective countermeasures are these two provisions: if the original property management company refuses to leave during the "prolonged stay" period, the owners must bear the risk of daily compensation for uncollected fees. Three reminders for owners: 1. Keep evidence of poor service (photos of unhygienic conditions, security breaches, and neglected facilities, as well as complaint records)—this serves as persuasive material for the resolution and court evidence during disputes. 2. Ensure no gaps in the transition period between the old and new management. Include the transitional cleaning and maintenance schedule in both contracts. 3. If the original property management company refuses to cooperate with financial audits, apply for intervention by district and housing authorities. In Beijing, administrative supervision of property handover is well-established. After a resolution complying with legal requirements is issued, a refusing property management company cannot defend its position in either judicial or administrative channels.

IV. Practical Suggestions and Legal Basis

The first step is to prepare the resolution: ensuring the compliance of the preparation group, the determination of the base amount, and the voting method; the second step is the double-majority voting: both the participation and consent must reach the double majority in terms of area and number of people; the third step is written notice: the dismissal date and the handover arrangements are delivered to the original property in writing; the fourth step is forced handover: if the person refuses to leave, a lawsuit will be filed and the losses during the period will be claimed. The main legal basis: Article 278 of the Civil Code of the People's Republic of China (matters decided by the owners jointly), Article 940 (termination of the property service contract), Article 949 (handover obligations and responsibilities); relevant provisions of the Property Management Regulations; the specific application shall be subject to the currently effective laws and regulations.

5. Henglu Law Firm's Advice

The key to replacing a property management company lies in ensuring procedural compliance: conducting a vote with a two-thirds majority, delivering written notifications on time, and keeping a full set of handover evidence. Even if the original property management company tries to evade responsibility, they won't be able to do so. Conversely, resolutions with procedural flaws will be overturned, so it's most cost-effective to have professionals review and approve during the preparation stage. For matters involving the handover between the homeowners' association and the property management company, you can proceed through legal channels.Property sales and construction projectsFor reference, you can review the service contracts and bidding documents to obtain a comprehensive solution for the serviceBusiness and contract disputes in enterprisesFor disputes involving fee settlement, you can refer to the relevant provisions in the contract.Creditor's rights and debts, and enforcement casesFor plates, those involving customized solutions can be combined togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Can an employee be dismissed even before the contract expires?

Yes, the owner's right to unilaterally terminate the contract is not subject to any restrictions imposed by the contract term. The owner can simply bear the breach-of-contract costs associated with the termination as stipulated in the contract or according to relevant regulations.

Q2: Can we change the property management company without a homeowners' association?

Yes, under the guidance of the street and the community, a preparatory group can be established to organize the owners' meeting for voting.

Q3: What should I do if the previous property owner refuses to hand over the financial records?

The lawsuit demands the transfer of assets and compensation for losses, and also requests the competent authorities to supervise the case and ensure that the prepaid fees are inventoried and refunded.

Q4: Are the developers' areas counted during the voting process?

The unsold portion shall be voted by the construction unit as the owner, and the sold portion shall be counted according to the number of purchasers.

Q5: How can I choose a new property in a safe and reliable way?

Open bidding, clearly defining service standards and exit mechanisms in the contract, and reserving a performance bond.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.