Model property management contract for residential quarters

# Model Contract # Introduction At present, there are two popular views on the nature of property management contract, namely, property management contract is a kind of entrustment contract, or property relationship is a special type of agency system in civil law, and property management contract is also a contract for establishing agency relationship. The following is the Residential Property Management Contract that I compiled for you. I hope you like it!

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Party A (Client): Management Committee of Residential Owners.

Party B (Trustee): _ _ _ _ Property Management Company

In order to strengthen animal husbandry management in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

First, the scope and content of property management

(1) Party A entrusts the property located in the residential area of _ _ _ _ Road in _ _ _ District to Party B for unified management, comprehensive service, contracted operation and self-financing.

(2) Management matters include:

1. Use, maintenance and protection of the house;

2. Use, maintenance and management of public facilities, equipment and places (places) [fire fighting, elevators, electromechanical equipment, street lamps, corridors, bicycle houses (sheds), landscaping areas, ditches, canals, pools, wells, roads, parking lots, etc. ] in this area;

3. Cleanliness (excluding the work after the garbage is transported to the transfer station);

4. Public life order;

5. Entertainment venues;

6 residential convenience service outlets and all business premises (excluding meat market);

7. Vehicle driving and parking;

8. Archives management in residential areas;

9. Other matters managed by the property management company as stipulated by the policy.

Second, the principle of entrusted management

Giving priority to social and environmental benefits, supplemented by economic benefits, promote each other, which embodies the principle of providing quality services to owners and unifying responsibilities and rights.

Three, determine the business objectives and economic instructions during the entrusted operation period, and implement the economic contract responsibility system in risk of mortgage.

Four. Term of entrusted operation The term of entrusted operation is years, from the date of month to the date of month.

Verb (abbreviation for verb) The responsibilities, rights and obligations of both parties.

1. Entrusted Party B to manage the property of _ _ _ _ _ residential area according to the Regulations on Residential Areas and the stipulations of this contract;

2. Supervise Party B's rational use of special funds for public facilities and pay Party B in accordance with the Measures for the Administration of Special Funds for Public Facilities;

3. Provide Party B with _ _ _ _ square meters of commercial housing (0.5% of the total construction area) according to the proportion stipulated by the municipal government, rent it according to the standard of commercial housing rent, and go through the use procedures;

4. Provide Party B with _ _ _ _ square meters of management premises (including _ _ _ square meters of office premises and _ _ _ square meters of staff quarters), and rent them according to the low-profit housing rent standard;

5. Be responsible for providing Party B with a set of completion data of this residential project, and take it back when Party B's management expires;

6. Party B shall not interfere with Party B's management and business activities in accordance with the provisions of this contract;

7. Supervise and inspect the management of Party B, and conduct an assessment every six months. Party B has the right to terminate the contract if it causes great economic losses due to poor management;

8, responsible for determining the residential area management service fee standard;

9. Entrust Party B to deal with violations of housing regulations, detailed rules of residential areas and owners' conventions, including fines, orders to stop work, orders to compensate economic losses, measures such as collecting water charges and power failure to urge non-payment of relevant fees without reason or refusal to correct illegal acts;

10. Assist Party B in publicity and education, cultural activities and property management;

1 1. Other responsibilities undertaken by Party A according to the policy.

(II) Responsibilities, rights and obligations of Party B

1. According to the relevant laws and regulations, combined with the actual situation, formulate the property management measures for this residential area;

2. Abide by the management regulations and the responsibilities stipulated in the contract, carry out comprehensive management of residential property according to the authorization of Party A, ensure the realization of management objectives and economic indicators, assume corresponding responsibilities, and consciously accept the inspection and supervision of Party A;

3. According to the needs of large and medium-sized repairs in the community, make a maintenance plan, and after it is approved by Party A, collect the maintenance funds needed for poultry from the special fund for public facilities;

4. Accept the supervision of Party A, report the financial accounts in the process of operation and management, submit the financial statements once a month, and publish the management fee income and expenditure accounts to all owners every three months, subject to the winning or losing of Party A and the district housing management department;

5. Public facilities in residential areas shall not be occupied or changed without authorization. Party B's reconstruction, expansion and improvement of supporting projects in residential areas must be reported to Party A and relevant departments for approval before implementation;

6. Party B shall set up a management office in the residential area based on the principle of commercial efficiency and lean;

7. Establish the property management files of this community, and be responsible for recording relevant changes in time;

8. Be responsible for calculating the charging standard of community management service fee, and provide Party A with the calculation standard and basis; Charge in strict accordance with the charging standard approved by Party A, and shall not increase the price without authorization. Pay 50% of the commercial housing rent to the district residential management department every three months as a special fund for recycling public facilities;

9. Have the right to deal with violations of the owners' convention and residential area management regulations and policies according to the entrustment of Party A and the provisions of the owners' convention;

10. When the management expires, hand over all special houses and related properties, all animal husbandry management files and related materials to Party A;

1 1. Carry out effective community cultural activities and convenient services;

12. Have the right to hire a franchise company to undertake the special business of residential property management and pay the fees, but may not transfer the overall responsibility and interests of residential property management to other people or units.

Management objectives and economic indicators of intransitive verbs

(1) All management indicators shall be subject to the Property Management Standards for Residential Areas in Shenzhen Special Economic Zone and the standards stipulated by the municipal and district housing management departments, and the residential areas shall meet the standards within _ _ _ _ years after Party B takes over.

(2) Ensure that all the charging indicators of _ _ _ _ _ _ _ _ _ _ _ Yuan are completed every year.

Seven. risk mortgage

(1) Party B shall pay RMB to Party A as mortgage risk fund in one lump sum within three days from the date of signing this contract;

(2) Party A shall refund all mortgage and bank demand deposit interest within three days after the expiration of the contract for the business objectives and economic indicators specified by Party B in the contract;

(3) If the Contract cannot be performed due to Party A's fault, Party A shall double the mortgage payment and compensate Party B for economic losses;

(4) If the Contract cannot be performed due to Party B's fault, Party B has no right to demand repayment of the mortgage loan and shall compensate Party A for its economic losses.

Eight, reward and punishment measures

(1) On the premise of fully fulfilling all management objectives and economic indicators, if there is any savings in management expenses, Party A will reward Party B with _ _ _% of the savings.

(2) If the community is rated as a national, provincial and municipal civilized community, Party A will reward Party B with RMB _ _ _ (national level), _ _ _ _ _ (provincial level) and _ _ _ _ _ _ _ (municipal level) respectively; Bonuses for individual awards or related honors from higher authorities shall be set separately; If the title of civilized community obtained by Party B is cancelled by the higher authorities during the period of Party B's management, Party B shall fully return the above bonus and interest on bank demand deposits.

(3) If Party A fails to perform its contractual responsibilities, which will affect Party B's contracted business objectives and economic indicators, or cause direct economic losses to Party B, Party A shall compensate or bear corresponding responsibilities;

(4) If Party B fails to perform the contract responsibilities or management objectives and economic indicators, Party A shall instruct Party B to make corrections within a time limit, and if the circumstances are serious, Party B shall be fined RMB until the contract is terminated, and the economic losses shall be borne by Party B;

(5) If Party B's mismanagement or gross mistakes cause economic losses or cause serious inconvenience to residents, it shall compensate Party A or the owners and users for the economic losses (subject to the appraisal conclusion of the Municipal Housing Management Bureau).

Nine. Modification, Supplement and Termination of the Contract

(1) The terms of this contract can be modified, changed or supplemented by both parties through consultation, and the written contract shall prevail;

(2) Upon the expiration of the management stipulated in this contract, this contract will be terminated naturally. If both parties want to renew the contract, they must submit written opinions to the other party six months before the expiration;

(III) After the termination of the contract, Party B may participate in the management bidding of Party A and give priority to contract management under the same conditions, except those who are disqualified from priority contract management according to the regulations and rules of residential areas.

X. Other matters

(1) In case of irresistible natural disasters (typhoon, flood, earthquake, etc.) during the execution of this contract. ), causing economic losses, the two sides understand each other, negotiate with each other and share reasonably.

(2) This contract shall come into effect as of the date of signing, and annexes 1, 2, 3, 4 and _ _ _ _ _ _ _ are an effective part of this contract.

(3) The original of this contract is in triplicate, one for each party and the district housing management department, all of which have the same legal effect.

(4) If both parties have disputes over the contract, and negotiation fails, they shall be submitted to the Municipal Housing Authority or the District Housing Authority for mediation, or the Shenzhen Intermediate People's Court shall make a ruling.

(5)

(6)

Party A (seal): Party B (seal):

Representative (signature): Representative (signature)

Time: Year Month Day

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Party A: Owners' Committee of xx Community in xx District (representing all owners of this community)

Representative: xx

Party B: Shenzhen XX Development Company

Legal Representative: xx

The owners' meeting of xx residential area voted on, and directly hired xx development company to provide property management services for xx residential area (hereinafter referred to as "this residential area"). In order to ensure the normal operation of management services and standardize the rights and obligations of both parties, Party A and Party B have reached the following contract terms on the basis of equality, voluntariness and consensus in accordance with the Economic Contract Law of the People's Republic of China, the Regulations on Property Management, the Regulations on Property Management of Residential Areas in Shenzhen Special Economic Zone and their implementation rules.

Article 1 Basic information of the property

1. Residential Location: Luohu District, Shenzhen.

2. Building area: _ _ square meters.

3. Building area: _ _ _ _ _ _ square meters. In which: residential area: _ _ _ square meters (villa _ _ _ square meters, duplex villa _ _ _ square meters, high-rise _ _ _ square meters, multi-storey _ _ _ square meters); Commercial area: _ _ square meters; Service building area: _ _ square meters (including the first floor parking garage); Other areas (distribution room, basement, etc.). ) _ _ _ _ square meters.

4. Number of residential households: _ _ _ _ _ _ (as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

5. Property type: mixed residential community.

Article 2 Entrusted management services

1. Maintenance, conservation and management of parts used in the building body of this residential area (such as ground, roof, beams, columns, internal and external walls and foundations, external walls, stairwells, corridors, equipment rooms, etc.). ).

2. Maintenance, maintenance, management and operation services of facilities and equipment (water supply and drainage pipelines, sewage pipelines, garbage houses, lighting, pressurized water supply equipment, power distribution systems, fire-fighting facilities and equipment in buildings, elevators, water supply systems, etc.). ) used in residential areas.

3. Maintenance, conservation and management of municipal public facilities (roads, outdoor water pipes, septic tanks, ditches, pools, wells, greening, outdoor pump rooms, street lamps, bicycle houses/sheds, parking lots, etc.). ) within the planning red line of this residential area.

4. Maintenance, conservation and management of supporting service facilities (basketball court, children's amusement park, amusement facilities, central square, etc.). ) within the planning red line of this residential area.

5. Cleaning, garbage collection and removal of public environment (including public places and buildings) in this residential area; Community killings; * * * regional greening, etc.

6. Traffic, vehicle driving, parking and management in this residential area.

7. The public security management of this residential area is subject to 24-hour closed management. All-weather security monitoring and patrol shall be carried out within the planned red line, and the inspection and registration system for foreign personnel shall be implemented. The local public security organs shall cooperate and assist in the security work of residential areas.

8. The development of community culture in this residential area.

9, residential property, owners, management service files, data establishment, storage and use management.

10, as well as other matters stipulated by relevant laws, regulations and industry policies and newly stipulated by the property management company after the signing of this contract.

Article 3 Term of Contract

The contract management service period is 3 years. From _ _ _ _ _ _ _ _ _ _ _+0 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Article 4 Rights and obligations of Party A

1. Approve the annual management service plan, financial budget and final accounts proposed by Party B. ..

2. Conduct a quarterly or annual comprehensive evaluation of Party B's management service level. If you need to hire a professional company, the cost will be paid from the property fee. Party A has the right to unilaterally terminate the contract in advance if it fails to meet the standards or Party B's poor management causes great economic losses to the interests of the owners of this community.

3. Hire an independent audit institution to audit the relevant accounts every year, and the audit fees shall be charged in the property charges. If Party B provides false or inaccurate account books, summons, etc. Party A has the right to unilaterally terminate the contract in advance if the interests of Party A are seriously damaged.

4. Support Party B to urge the owners who fail to pay the property management service fee as agreed in the contract; Do not encourage or incite owners not to pay property management service fees; Oppose the unreasonable arrears of property management service fees by the owners, resulting in the infringement of the legitimate rights and interests of other paying owners. Party B shall do a good job in the collection, statistics and bookkeeping of the owners who are in arrears, and ensure that the collection rate of property management service fees in this community is not less than 98% of the total fees payable. If the collection rate cannot be reached without reason, Party B's commission will be deducted from the lower part.

5. The owner shall consciously pay the property management service fee on time and shall not default. The overdue owners shall pay the late payment fee according to the standard of 5/10000 per day. Party B has the right to notify the owner who is in arrears for more than 1 month; Owners who are in arrears for more than 3 months can file a lawsuit for recovery. The losing party shall not only pay the property management fee, but also bear the reasonable attorney fees of the winning party.

6. Do not interfere with Party B's management and business activities in accordance with the law or the provisions of this contract.

7. Assist Party B in property management, publicity, education and cultural activities.

8. Other rights and obligations stipulated by relevant laws and regulations that shall be borne by Party A. ..

Article 5 Rights and Obligations of Party B

1. Fully implement the Property Management Service Plan for Annex of XXX Residential Area in Luohu District, Shenzhen (hereinafter referred to as the Service Plan).

2. Improve and formulate the management methods and operating procedures matching the "service plan" to fulfill this contract. If the property management measures involving the rights and obligations of the owners are formulated beyond the owners' convention and this contract, and other fees other than those agreed in this contract are charged to the owners, it shall be reported in advance and approved by the owners' meeting.

3. Have the right to hire a qualified professional company to undertake the single management business of the community and pay the fees, but shall not transfer the overall management rights and obligations under this contract to a third party or contract any single business to an individual.

4. According to the national and local regulations on property management service charges, Party B shall publicize the property management service items, service contents, service standards and charging standards in a prominent position in this community for a long time.

5. Be responsible for preparing the annual maintenance plan and major and medium repair plan of the house and ancillary facilities and equipment, and organize the implementation after being approved by Party A. ..

6. Purchase public property and public liability insurance in this residential area.

7. As the consideration for providing property management and services, Party B shall accrue the property management service commission (hereinafter referred to as "commission") at the end of each year at the rate of 65,438+00% of the total annual property management expenditure.

8. All income and expenditure accounts of property management service fees in this residential area shall be announced by Party B to the owner every three months according to government regulations, and the announcement time shall not be less than 15 days. Before the accounts are published, they shall be submitted to Party A for review and filing. The publication time of accounts should be before 15 of the month after each quarter. In case of special circumstances, Party A shall be notified in writing to delay the publication of the accounts.

9. As Party B has always been the de facto property manager of this community, Party B has the right to recover the property management fees owed by the owners over the years.

10. Party B shall not occupy or change the use function of public facilities, equipment and related sites in this residential area without authorization. If it is necessary to modify, expand or improve the supporting projects of this community, it must be reported to Party A and relevant departments for approval before implementation.

1 1. In order to maintain and increase the value of the property in this residential area, Party B shall take active and effective measures to prevent the owners or property users from changing the purposes and functions of this residential area without authorization. In particular, it is forbidden to use houses for commercial, office, dormitory or other non-ordinary residential purposes.

12. Establish the property management file of this community, and be responsible for recording the relevant changes in time and notifying Party A in writing.

13, carry out active and healthy community cultural activities and convenience services.

14. Upon the termination of this contract, hand over all the property originally entrusted for management, as well as various management files, financial data and other materials to Party A in time; Public property transferred to the residential area, including the balance of property management fees, assets accumulated by public income, etc.

15. Other rights, obligations and responsibilities that shall be undertaken by Party B according to relevant laws and regulations. ..

Sixth property management service standards

The residential area is positioned as a high-grade residential area, and Party B shall implement the corresponding property management service standards. Specific according to the relevant provisions of the "Shenzhen Luohu District XXX residential property management service plan".

Seventh property management service fee collection standards and management.

1. The property management service fee of this residential area is charged according to the following standards: 5.20 yuan/month per square meter for villa property; The duplex villa is 3.55 yuan/month per square meter; High-rise property is 3.60 yuan/month per square meter; Multi-storey property is 2.30 yuan/month per square meter; Commercial property is 5.00 yuan/month -6.00 yuan/month per square meter; The service building is 2.50 yuan/month per square meter (the above property area is calculated according to the construction area).

2. The property management service fee of this residential area shall be directly charged by Party B to the owners or property users on a monthly basis; Party B shall, before 10 of each month, provide the paid owners with a detailed list of the property service fees of last month and accept the inquiries of the owners. Party B must collect fees according to government regulations and procedures, and shall not collect fees at will, so as to ensure that the fees are accurate, open and transparent.

3. The balance of property management service fee belongs to all owners to make up for the shortage of future property management fee. Without the consent of the owners' meeting, Party B shall not use it at will.

Eighth special ontology maintenance fund revenue and expenditure management

1. The special maintenance fund for this residential area is charged according to the government charging standard: 0.25 yuan/month per square meter of construction area for high-rise buildings; The multi-storey building area is 0. 15 yuan/month per square meter (except villas). The property management service fee shall be directly charged by Party B to the owner. The management office will manage the entity funds for each building and set up a special account to store the entity funds of the property.

2. The use of the special maintenance funds for the residential area shall be earmarked according to the scope of use of the special maintenance funds for the residential area specified by the government, which shall be put forward by Party B first, and the procedures shall be implemented after being reviewed and signed by Party A..

3. The accounts of the income and expenditure and the use of the special maintenance funds in this residential area shall be published by Party A to the owners once every three months for no less than 15 days, subject to the supervision of all the owners. Before the accounts are published, Party A shall submit them to Party B for review and filing. The accounts shall be published before 15 one month after each quarter.

4. If the owner defaults on the special maintenance fund, Party B shall deal with it in the agreed way of defaulting on the property management service fee.

5. The payment, use, renewal and management of special funds for public facilities in this residential area shall be implemented in accordance with the Regulations of Shenzhen Municipality on the Administration of Special Funds for Housing Public Facilities.

Ninth public facilities and owners * * * have property income and management rights.

1. All indoor and outdoor parking spaces in this community except the owner's private parking spaces are used uniformly, and the monthly parking fee (including parking management fee) for each vehicle is tentatively set as 220 yuan.

2. Private parking spaces of the owners of this residential area, each parking space needs to pay a monthly parking management fee of 30 yuan, which will be used together with the property management fee.

3. There are 76 indoor parking spaces (excluding the sale part) in this residential area, which are provided by Party B for all owners to use. Party B extracts the usage fees of 76 parking spaces (excluding parking management fees) according to the fixed standard of 200 yuan for each parking space every month.

4. Temporary parking charges in this residential area shall be implemented according to the municipal government's guidance price.

5. The parking of foreign vehicles is strictly controlled in this community, and it is forbidden to park foreign vehicles overnight except in extreme special circumstances.

6. Party B adopts the cost accounting method for the maintenance and other special services of the self-use parts and equipment of the property owners and users, and charges them according to the actual expenses; However, Party A has the right to review and supervise the above-mentioned charging items and standards of Party B. ..

7. Elevator advertising and related income in the public area of this community, parking lot income beyond Party B's ownership, special service income, etc. It belongs to all owners and is used together with the property management fee.

Article 10 Termination, renewal and handover of contracts

1. After the expiration of the property management service contract in this residential area, the contractual relationship between the two parties is terminated. Party B shall fill in the handover list of fixed assets, office, equipment, community information and so on 30 days in advance according to government and industry regulations, and submit it to Party A for review. The financial accounts of residential property fees shall be submitted to Party A for audit within 10 days after the termination of the contract, and Party A shall hire a professional financial company to conduct the audit.

2. If Party B is willing to renew the contract, it shall notify Party A in writing 60 days before the expiration of the contract. Party A shall convene an owners' meeting 30 days before the expiration of the contract to decide whether to renew the contract. If 2/3 of the voting rights held by all the owners of this community agree to renew the contract, they will directly renew the contract with Party B. ..

3. If the voting result of the owners' meeting in this community does not reach more than two thirds of the voting rights held by all owners, the original contract will be automatically terminated after its expiration. Party A will recruit another property management service company.

4. The longest transition period for the handover of the old and new property management companies is 2 months, and Party B shall provide transitional property management services; After the 2-month transition period expires, handover and evacuation must be carried out according to regulations.

Article 11 Liability for breach of contract

1. If Party B fails to complete the specified service standards or directly causes economic losses to Party B due to Party A's reasons, Party A shall compensate Party B accordingly; Party B has the right to request Party A to rectify and terminate the contract within a time limit.

2. If the service standard cannot be achieved or the property interests are damaged due to Party B's reasons, Party B shall make corresponding compensation to Party A.. If damage is caused to the owner, it shall compensate the owner for the loss. Party A has the right to require Party B to rectify and terminate the contract within a time limit. .

3. If Party A and Party B obtain the property management service right by unfair competition, or cause the other party to lose the property management service right, or cause the other party economic losses, they shall bear corresponding responsibilities.

5. During the execution of this contract, in case of force majeure, the contract cannot be performed, and both parties shall not be liable for breach of contract, which shall be settled through negotiation in time according to relevant laws and policies.

6. Any disputes arising from property services between Party A and Party B and the owner shall be settled through equal consultation as far as possible. If negotiation fails, either party may bring a lawsuit to the Luohu District People's Court, and the judgment is binding on all parties.

7. Before the expiration of the contract period, Party B stops the property management service in advance without authorization; If Party B fails to hand over or evacuate on time, it shall compensate Party A for the actual losses.

Article 12 Other matters

1. For matters not covered in this contract, both parties may further negotiate and sign a supplementary agreement, which has the same legal effect as this contract.

2. The attachment of this contract, Property Management Service Plan for XXX Residential Area in Luohu District, Shenzhen, is an effective part of this contract and has the same legal effect as this contract.

3. The original of this contract (including annexes) is in triplicate, and each party and the property management department (for the record) hold one copy, which has the same legal effect.

4. This contract shall come into effect after being signed and sealed by both parties, and shall be binding on both parties and all owners of this community.

Party A: XXX Residence, Luohu District, Shenzhen.

Party B: Shenzhen XX Development Company

Regional owners' Committee

Person in charge:

Person in charge:

Date of signature: year month day.

Date of signature: year month day.