Who is Party A in the contract signed between the property and the owner?

Property contract generally refers to the property service contract, which refers to the service contract concluded between the property service enterprise and the owners' committee, stipulating that the property service enterprise shall professionally maintain, conserve, manage and maintain the environmental sanitation and public order in the relevant area, and the owners shall pay remuneration. In the realty service contract, Party A is generally the owners' committee. Owners' committee refers to a non-governmental organization composed of owners' representatives in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all sectors of society, and supervising the management and operation of property management companies.

I. What should I pay attention to when signing a contract with a property management company?

With the promulgation of property management regulations, more and more owners know their rights and obligations as owners, and at the same time pay more attention to and use these rights cautiously, hoping to effectively safeguard their own interests. One of the most important rights closely related to the interests of the owners is to choose an excellent property company to manage the community through the owners' committee and sign a property service contract with the selected property company. Because contracts are legally binding on all owners and property companies, signing contracts is the key for owners to enjoy quality property services.

In view of the current situation and the upcoming implementation of the property management regulations, the owners' committee should pay attention to the following points when signing the property service contract with the property company:

(1) Defining the content, scope and duration of entrusted property services. Due to the refinement of professional division of labor, a property company provides a certain service, so it must be clear in the service contract whether the property company manages all the property work of the community or is only responsible for a certain service content. If the agreement is not clear, it will bring a lot of unnecessary trouble. For example, the owners' committee of a residential area hired a property company through bidding and entrusted it to manage all the property contents of the residential area. After the company took over, except for the property fee, all other property services were entrusted to other property companies without business at low prices to earn the difference. However, after entrusting property companies to undertake business at a low price, due to cost reasons, the service content and standards can only be reduced. If the owners' committee does not stipulate detailed service standards in the service contract, nor does it stipulate that the property management company shall not entrust the service content to a third party, the owners can only suffer losses in vain because the property management company has not violated the law and the contract. Therefore, if the owners' committee takes a fancy to the brand and service quality of a property management company, it is necessary to stipulate the detailed service content and specific service standards in the service contract, and stipulate that the company shall not entrust the service content to a third party, otherwise it will bear the corresponding liability for breach of contract. Only in this way can we avoid the situation that owners spend high prices to buy low-quality services.

(2) In addition to the rights of the owners' committee stipulated in the Property Management Regulations, other rights should also be more specifically stipulated in the service contract. For example, after the owners' committee collects the property fee, it is transferred to the property company, which should provide the corresponding office space for the owners' committee, and the main leaders of the owners' committee can extract subsidies from the property fee, and the owners' committee has the right to put forward opinions on the service quality of the property company and ask it to make rectification within a time limit. At the same time, the owners' committee should undertake corresponding obligations, urge owners to pay property fees on time, actively cooperate with the work of property companies, and respect the professional management methods and measures of property companies.

(3) Define the rights and obligations of the property management company. Based on the principle of equal rights and obligations, while giving the property company the right to manage the daily affairs of the whole community, it is also necessary to clarify the obligations undertaken by the property company and clarify the responsibilities as much as possible. For example, if the owner's goods are stolen due to dereliction of duty, the property company shall be liable for compensation; When using property fees, property companies must have clear records and disclose their accounts to the owners' committee.

(4) Agreement on the liability for breach of contract. In the service contract, it should be clear that the property company should bear the liability for breach of contract if it violates the agreement. The agreed responsibilities should be practical and operable, and cannot be agreed into some big and empty laws and regulations. Especially for the case that the property company that was dismissed in advance did not quit in time, although the new "Property Management Regulations" stipulated the contents of punishment by the state administrative organs, it could not make up for the actual losses brought to the owners. Therefore, it must be agreed that if this happens, the property company will bear one day's liquidated damages for each delay, so as to effectively protect the interests of all owners.

2. What are the rights and obligations of the property management company?

(A) the rights of property management companies

1, the property management company shall, in accordance with the relevant laws and regulations, combined with the actual situation, formulate measures for the management of the community;

2, in accordance with the property management contract and management measures for the implementation of residential management;

3. Collect management fees in accordance with the property management contract and relevant regulations;

4. Have the right to stop violations of rules and regulations;

5. Have the right to ask the CMC to assist in management;

6. Have the right to hire franchise companies (such as cleaning companies and security companies) to undertake special management business;

7, can implement a variety of business, with its income to supplement the district management funds.

(2) Obligations of the property management company:

1. Fulfill the property management contract and operate according to law;

2, accept the supervision of the residential area management committee and residents;

3, major management measures shall be submitted to the CMC for consideration, and approved by the CMC;

4. Accept the supervision and guidance of the real estate administrative department, relevant administrative departments and the people's government where the residential area is located.

Legal basis:

Article 285 of the Civil Code of People's Republic of China (PRC)

Entrusted by the owners, the realty service enterprise or other managers shall, in accordance with the provisions of the realty service contract in Part III of this Law, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owners, and promptly answer the owners' inquiries about realty service.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.