Property management contract terms

Beijing Property Service Contract

Party A (owners' meeting/owners' committee/owners):

Party B (property service enterprise):

Beijing Municipal Commission of Housing and Urban-Rural Development

Beijing Administration for Industry and Commerce

20 10 year 10 month

explain

1. The text of this contract is a model text, which is jointly formulated by Beijing Municipal Construction Committee and Beijing Administration for Industry and Commerce for use by the owners' congress, owners' committee and owners when signing contracts with property service enterprises.

2. The term "property service" as mentioned in the text of this contract refers to the activities that the owner selects a property service enterprise, and the property service enterprise carries out maintenance, conservation and management of the house, supporting facilities, equipment and related sites in accordance with the contract, and maintains the environmental sanitation and related order in the property management area, and the expenses are paid by the owner.

3. The selected contents, spaces and other contents that need to be deleted or added in the text of this contract shall be determined by both parties through consultation. Select the contents in ""and tick "√" to select; If the actual situation has not occurred or the parties have not made an agreement, an "X" shall be placed in the blank to indicate deletion.

When signing a contract, both parties should carefully check the contents of the contract. Once the contract is signed, it is legally binding on both parties.

Beijing Property Service Contract

Owners' Committee of Party A's owners' meeting:

ID Card Passport Business License Registration Number: Nationality:

Date of birth: Year Month Day Sex:

Mailing address:

Postal code: Tel:

Legal Agent Authorized Agent: Nationality:

ID card passport:

Date of birth: Year Month Day Sex:

Mailing address:

Postal code: Tel:

Party B (property service enterprise):

Business license registration number:

Property service enterprise qualification certificate number:

Organization code:

Legal Representative Entrusted Agent:

Mailing address:

Postal code: Tel:

Party A and Party B agree that Party B is Party A on the basis of voluntariness, equality, fairness, honesty and credibility in accordance with the Contract Law of People's Republic of China (PRC), Property Law of People's Republic of China (PRC), Consumer Rights Protection Law of People's Republic of China (PRC), Property Management Regulations and Beijing Property Management Measures.

Chapter I Basic Situation of Property Projects

Article 1 The basic information of this property project (hereinafter referred to as "this property") is as follows:

Name: tentative name of approved place name.

Type: residential office business.

Location: District (county) Road (street).

Planned construction area: square meters.

Article 2 The property management area is divided into four areas:

East;

South to;

West to;

North to.

See Annex I and Annex II for the detailed composition of the planning map and the property management area respectively.

Article 3 Property service rooms are mainly used for customer service reception, project file preservation, tools and materials storage, standby of duty personnel, office rooms for owners' meetings and owners' committees, etc. of property service enterprises.

The building area of the Property Service House is square meters, of which the above-ground building area is square meters. The whole floor of building one. : The underground building area is square meters, located in Unit 1. The whole floor of building one. Among them, the building area of the owners' congress and owners' committee is square meters, located in UnitNo. The whole floor of Building No.1 ..

(Note: When there are multiple rooms in the property service, both parties can supplement the above contents by themselves. )

Chapter II Property Services, Standards and Related Agreements

Article 4 The person in charge of the property service project designated by Party B is:, and the telephone number is: If Party B changes the person in charge of the project, it shall make an announcement in a prominent position in the property management area within 7 days. If the owner agrees to change the project leader, Party B shall change it within 30 days.

Article 5 The term of realty service is years, counting from the date of.

Day after day.

Article 6 The property services provided by Party B include the following main contents:

1. Work out the property service work plan and organize its implementation; Save relevant engineering drawings, documents and completion acceptance data. According to the authorization of laws, regulations and management regulations, formulate relevant systems for property services;

2. Responsible for the daily maintenance, maintenance and management of the parts used in the property management area. See Annex III for details of the components used in the Property.

3. Responsible for the daily maintenance, maintenance, operation and management of facilities and equipment used in the property management area. See Annex 4 for the facilities and equipment used in the House;

4. Responsible for the maintenance and management of * * * green space and landscape;

5. Responsible for cleaning and sanitation services, including cleaning and sanitation of * * * parts of the property, public * * * areas and garbage collection. ;

6. Assist in maintaining public order and security;

7. Other services:

Article 7 Party B shall provide residential property services in the following ways:

1. For the first-class property service standards in Residential Property Service Standards, see Annex 5 for details;

2. Choose different levels of specific property service items and standards in the Residential Property Service Standard. See Annex 5 for details;

For the specific service items and standards beyond the service standards for non-residential property and residential property agreed by Party A and Party B, see Annex 6 for details.

Article 8 Where Party B provides maintenance or other special services for the exclusive part of the owner's property, it shall sign a special service agreement with the owner, and the service items, standards and fees shall be agreed upon by both parties in the agreement.

Article 9 Party B shall accept the entrusted use fees of public utilities such as water supply, power supply, gas supply, heat supply, communication, cable TV, etc., and shall not charge any additional fees from the owner, nor restrict the purchase or use of the owner or property user in disguised form.

Article 10 Before the renovation of the property, Party B shall sign a written renovation service agreement with the owner, and Party B shall inform the relevant prohibited acts and precautions, and publicize the renovation time and place in the building where the owner is located. Party B does not charge any other fees except the renovation management fee of RMB, the renovation security deposit of RMB and the renovation garbage cleaning fee of RMB. If the decoration deposit is collected, and the parts, facilities, equipment or load-bearing structure used by * * * are not damaged, Party B shall return the decoration deposit to the owner in full within 7 days after completion.

Article 11 When transferring or leasing its property, the owner shall inform the transferee or lessee of the payment of this contract, management regulations and related fees, and inform Party B of the sale or lease within 65,438+05 days from the date of signing the sale or lease contract. Before the transfer, the owner shall settle the relevant expenses with Party B. ..

Chapter III Charges for Property Services

Article 12 The charging method of property services in this property management area is: contract payment system.

Article 13 Contract responsibility system

1. The property service fee shall be paid by the owner according to the construction area of the property owned by him. The specific criteria are as follows:

Multi-storey residence: RMB/m2? Month;

High-rise residence: RMB/m2? Month;

Villa: RMB/m2? Month;

Office building: RMB/m2? Month;

Commercial property: RMB/m2? Month;

Club: RMB/m2? Month;

Property: RMB/m2? Month.

Property service fees are mainly used for the following expenses:

(1) Manage the salary, social insurance and welfare expenses of service personnel;

(two) the daily operation and maintenance costs of the parts, facilities and equipment used by the property;

(3) the cost of cleaning and sanitation in the property management area;

(4) Greening and maintenance costs in the property management area;

(5) Maintenance cost of regional order in property management;

(6) office expenses;

(seven) depreciation of fixed assets of property service enterprises;

(8) Used parts of the property, used facilities and equipment and public liability insurance fees;

(9) Statutory taxes and fees;

(10) Profits of property service enterprises;

( 1 1) 。

2. Where the contract system is implemented, Party B shall enjoy or bear the surplus or loss; Party B shall not ask for increasing fees, lowering service standards or reducing service contents on the grounds of loss.

Article 14 Salary system

1. The property service fund shall be paid in advance by the owner according to the construction area of the property owned by him. The specific criteria are as follows:

Multi-storey residence: RMB/m2? Month;

High-rise residence: RMB/m2? Month;

Villa: RMB/m2? Month;

Office building: RMB/m2? Month;

Commercial property: RMB/m2? Month;

Club: RMB/m2? Month;

Property: RMB/m2? Month.

The property service fund received in advance consists of property service expenditure and Party B's remuneration.

Property service expenditure includes the following parts:

(1) Manage the salary, social insurance and welfare expenses of service personnel;

(two) the daily operation and maintenance costs of the parts, facilities and equipment used by the property;

(3) the cost of cleaning and sanitation in the property management area;

(4) Greening and maintenance costs in the property management area;

(5) Maintenance cost of regional order in property management;

(6) office expenses;

(seven) depreciation of fixed assets of property service enterprises;

(8) Used parts of the property, used facilities and equipment and public liability insurance fees;

(9) 。

2. Party B shall withdraw the remuneration in the following ways:

(1) Party B shall withdraw the advance property service funds according to the monthly, quarterly and annual RMB standard;

(2) Party B shall withdraw the property service funds by% every month, quarter and year.

3. The expenditure on property services shall be fully used for the expenditure agreed in this contract, and the balance after annual settlement shall be transferred to the next year for continued use; The insufficient part after annual settlement shall be borne by all owners and paid separately.

Article 15 Party B shall publicize the service contents, service standards, charging items, charging standards and other relevant information in a prominent position in the property management area in accordance with the provisions of the competent pricing department.

Party B shall publicize the performance of the property service contract of the previous year, the revenue and expenditure of the property service project and the revenue and expenditure budget of the property service project of this year in the first quarter of each year. If the owners agree to audit the financial revenue and expenditure of the property service project or the owners' committee requests it, Party B shall cooperate.

Article 16 On the premise of observing relevant laws and regulations, if the owner uses the residential property to engage in business activities, Party B may charge the corresponding property service fee according to the commercial property standards.

Chapter IV Rights and Obligations

Article 17 Rights and obligations of Party A:

1. Have the right to request Party B to provide property services according to the contract;

2. Supervise Party B to perform this contract, and have the right to suggest and supervise the property services provided by Party B;

3. Have the right to propose a meeting of the owners' congress to supervise the work of the owners' committee;

4. Attend the owners' meeting, elect members of the owners' committee, and enjoy the right to vote and stand for election;

5 have the right to understand and supervise the use of special maintenance funds in the property management area and the operating income and use of this part of the property. See Annex VII for the agreement on the operation and income of some properties.

6. Abide by the management statute and the rules and regulations for the use of the property, and maintain public order and environmental sanitation in the property management area;

7 according to the relevant provisions of the state and the city to pay special maintenance funds;

8. Pay the property service fee and special service fee in accordance with relevant regulations and this contract;

9. Give necessary cooperation to the management services provided by Party B according to this contract and relevant rules and regulations;

10. Other rights and obligations stipulated by relevant laws and agreed by the parties.

Article 18 Rights and obligations of Party B:

1. Collect property service fees and special service fees according to relevant laws, regulations and contractual stipulations;

2. Provide property services according to the matters and standards of property services agreed in this contract;

3. Keep and use this property file correctly, record relevant change information in time, and do not use the owner's information for purposes other than property management activities;

4. Inform all owners and property users of major issues related to property services within the property management area in a timely manner, handle complaints from owners and property users in a timely manner, and accept the supervision of owners and property users;

5. Inform, dissuade and report to the relevant competent authorities, and urge the owners and property users to correct their violations of this contract and management regulations;

6. Do not occupy the * * * part of the property management area without authorization or change its use without authorization. All the * * * used by the owner shall not be used for business activities without authorization. Do not occupy or dig roads and sites within the property management area without authorization. If it is really necessary to temporarily occupy or excavate roads and sites in the property management area, it shall go through relevant procedures in accordance with the regulations, formulate construction plans, publicize them in the property management area before construction, minimize the impact on the owners during construction, and restore to the original state in time;

7. Special services within the property management area may be entrusted to professional service enterprises, but all property services may not be entrusted to other units or individuals. Party B shall publicize the entrusted matters and the information of the entrusted enterprise in the property management area. The service standard agreed in the contract signed between Party B and the entrusted enterprise shall not be lower than that agreed in this contract. Party B shall supervise the service behavior of the entrusted enterprise and take responsibility for the service behavior of the entrusted enterprise;

8. Party B shall have corresponding qualifications or entrust units with corresponding qualifications to carry out operations involving personal safety, such as boilers, elevators, electricity, refrigeration, limited space and high altitude. Entrust other units to carry out operations, should be clear about their respective safety management responsibilities;

9. Other rights and obligations stipulated by relevant laws and agreed by the parties.

Chapter V Termination of the Contract

Article 19 After the expiration of the contract, if either party decides not to renew it, it shall notify the other party in writing three months before the expiration of the contract.

Article 20 Before the expiration of this contract, if Party A decides to continue to employ Party B, it shall notify Party B in writing three months before the expiration; Party B shall reply to Party A within 1 month after receiving the notice of renewal.

Article 21 After the termination of this contract, if there is no new realty service enterprise to undertake it, Party B shall continue to provide the services agreed in this contract for six months, during which the realty service fee shall be paid according to the standards agreed in this contract.

Article 22 After the termination of this contract, Party A and Party B shall jointly handle the handover matters, including the liquidation of property service fees, the implementation of various agreements signed with foreign countries, the acceptance and handover of some properties, and the handover of relevant files and materials. See Annex 8 for details.

Chapter VI Liability for Breach of Contract

Article 23 In the event of a dispute between Party A and Party B over the quality of property services, both parties may * * * entrust a property services evaluation and supervision institution to evaluate whether the quality of property services of Party B meets the service standards agreed in this contract; Where Party B's management service fails to meet the service contents and standards agreed in this contract, it shall be liable for breach of contract such as taking remedial measures or compensating losses.

Except for unforeseen circumstances, if Party B cuts off water and electricity without authorization, Party A has the right to ask Party B to solve it within a time limit, and Party B shall bear corresponding civil liabilities.

Neither Party A nor Party B shall terminate this contract in advance, otherwise the terminating party shall bear the corresponding liabilities for breach of contract; If losses are caused, the terminating party shall bear the corresponding liability for compensation.

Article 24 If Party B violates the provisions of Article 13 and Article 14 of this contract and raises the standard of property service fee without authorization, the owner and the user of the property have the right to refuse to pay the excess, and Party B shall pay liquidated damages to the owner according to the standard.

Article 25 If Party B stops the property service without authorization during the term of this contract, Party A may require Party B to continue to perform and take remedial measures, and Party B shall follow the following rules.

Pay liquidated damages to Party A according to the standard; If the foregoing acts cause losses to the Owner, Party B shall compensate the corresponding losses; After the termination of this contract, if Party B refuses to leave the property management area, Party A has the right to require Party B to leave the property management area on time and pay liquidated damages to Party A according to the standard; If the above acts cause losses to the owner, Party B shall compensate the corresponding losses.

Article 26 If Party B uses the owner's information for purposes other than property management activities without authorization in violation of the agreement in the third paragraph of Article 18 of this contract, it shall.

Pay liquidated damages to the owner according to the standard. If the liquidated damages are not enough to make up for the direct losses suffered by the owner, Party B shall make up for them.

Article 27 If the owner violates the stipulations in Articles 13, 14 and 16 of this contract and fails to pay the property service fee in full and on time after being urged by Party B in writing, he shall pay liquidated damages to Party B according to the new standards.

If the owner violates the agreement of this contract and is unfavorable to the property service behavior, he shall bear corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction.

Article 28 Unless otherwise agreed in this Contract, Party A and Party B may supplement the liabilities for breach of contract according to specific conditions, as shown in Annex 9. If either party breaches the contract and causes losses to the other party, it shall bear the corresponding liability for compensation.

Article 29 If the contract cannot be performed in whole or in part due to force majeure, it shall be exempted from liability in part or in whole according to the influence of force majeure.

Article 30 In order to safeguard the public interests, in unforeseen circumstances, such as gas leakage, electricity leakage, fire, rupture of heating pipes and water pipes, and assisting the public security organs to perform tasks, if Party B causes losses due to emergency measures, it shall be handled in accordance with relevant regulations.

Article 31 Party B may be exempted from the liability for breach of contract if it has conclusive evidence to prove that it belongs to the following circumstances:

1. Due to the owner's or property user's own responsibility, Party B's service fails to meet the contract;

2. Due to the need to repair and maintain the * * * used parts and * * * used facilities and equipment in the property management area, and the owner or property user has been informed in advance, the water and electricity are temporarily cut off and the * * * used facilities and equipment are stopped, causing losses;

3. Losses caused by operation obstacles of water supply, power supply, gas supply, heat supply, communication, cable TV and other facilities and equipment not for Party B's responsibility. ..

Chapter VII Dispute Resolution

Article 32 In case of any dispute during the performance of this contract, both parties may settle it through consultation, or apply for mediation to the people's mediation committee for property disputes where the property is located. Unwilling to negotiate or mediate, or failing to do so, can be resolved in the following ways:

1. Bring a lawsuit to the people's court;

2. Apply to the Arbitration Commission for arbitration.

Chapter VIII Supplementary Provisions

Article 33 This contract shall come into effect after being signed (sealed) by both parties.

Article 34 The original contract and its annexes are made in duplicate, one for each party, with the same legal effect.

Article 35 Other agreements:

Party A: Party B:

Authorized Agent: Authorized Agent:

Year, month, sun, moon, sun.

Attachment: I. Planning Scheme

Second, the property composition details

Iii. Details of Accessories for Property * * *

Four, the property * * * with facilities and equipment details

Verb (abbreviation of verb) property service matters and standards

Other service items and standards of intransitive verbs

VII. Agreement between the property * * * and some operating income.

Eight, the transfer of information list

Nine. Agreement on liability for breach of contract

Annex I:

Planning plan

Annex II:

Attribute composition details

Category Building (Building) Suite (Unit) Building Area

(square meters)

high-rise housing

Multi-storey residential building

Don't cry.

Commercial building

Factory building

office building

Bicycle garage

Motor vehicle garage

Huisuo

Learning school

kindergarten

Cultural activity place

_ _ _ _ _ room

Combination plan

Reserve bill

Annex III:

Attribute * * * Part Details

1. Building load-bearing structure;

2. The main structure of the house;

3. Public foyer;

4. Public corridors;

5. Public stairwells;

6. Inner patio;

7. Outdoor wall;

8. Roof;

9.；

10.；

1 1.；

12.；

13.；

14.；

15.。

Annex IV:

Property * * * Facilities and Equipment Details

1. Elevator:

Vertical ladder;

Escalator department.

2. Greening rate:%;

Between buildings, focus on greening square meters;

Bricks and stones are paved into square meters.

3. Municipal affairs in this area:

The road between Yonglu buildings is square meters;

Outdoor sewer instrument;

Ditches;

Reservoir;

Septic tank;

Rainwater well;

The power transformation and distribution system includes:

High voltage dual power supply;

* * * Street lamps for public lighting facilities; Lawn lamp; a；

The outer barriers and walls of the property management area;

High pressure water pump and high pressure water tank;

Sewage pump;

Reclaimed water and equipment system;

.

4. Gas pressure regulating station;

5. Fire control facilities include:

6. Monitoring facilities include:

7. Lightning protection facilities include:

8. Air conditioning equipment: the scope of use of the central air conditioning system;

9. TV antenna * * *;

10. Computer network cable;

1 1. Telephones;

12. Lane;

13. The parking space of the above-ground motor vehicle parking lot is square meters;

14. Square meter bicycle garage;

15. garbage transfer station;

16. mailbox;

17. square meters of duty room;

18. The property service room is square meters;

19.。

Annex V:

Property service items and standards

Annex VI:

Other service items and standards

Annex VII:

Property * * * agrees to part of the operating income.

Annex VIII:

Handover data list

1. Completion general plan, single building, structure, equipment completion plan, supporting facilities, underground pipeline project completion plan and other data, as well as house pipeline wiring diagram;

2. Technical data on installation, use and maintenance of facilities and equipment;

3. Property quality warranty documents and property use instructions; Residential quality guarantee; Instructions for residential use;

4. Acceptance data of relevant professional departments;

5. List of property rights of houses and supporting facilities (including owner's name, construction area, contact information, etc.). );

6. Water supply and heating pressure test report;

7. Measurement area report;

8. Other information required for property services.

Annex IX:

Agreement on liability for breach of contract