Model property management contract and owners' convention in the early stage

Party A:

Legal Representative:;

Domicile:;

Postal code:

Party B:

Legal Representative:;

Domicile:;

Postal code:;

Qualification level:; Certificate number:.

In accordance with the Property Management Regulations and relevant laws, regulations and policies, Party A and Party B sign this contract on the basis of voluntariness, equality and consensus, regarding Party A's engagement of Party B to provide preliminary property management services for multi-storey residence (property name).

Chapter I Basic Information of Property

Article 1 Basic information of real estate:

Property name: multi-storey residential building;

Multi-storey residential buildings with property rights;

Location;

Building area.

(See Annex I for the plan and Annex II for the property composition).

Chapter II Service Content and Quality

Article 2 In the property management area, the prophase property management services provided by Party B include the following contents:

1. Maintenance, conservation and management of the * * * part of the property (see Annex III for details of the * * * part of the property);

2. Operation, maintenance, conservation and management of facilities and equipment used in the property (see Annex 4 for details of facilities and equipment used in the property);

3, property * * * with parts and related sites clean and sanitary, garbage collection, removal and rain, sewage pipe dredge;

4. Maintenance and management of public greening;

5. Vehicle parking management;

6, public order maintenance, security and other matters to assist in the management;

7. Decoration management services;

8. Property file management.

Article 3 In the property management area, other services provided by Party B include:

1、 ;

2、 ;

Article 4 The preliminary property management services provided by Party B shall meet the agreed quality standards (see Annex 5 for the quality standards of preliminary property management services).

Article 5 Individual owners may entrust Party B to provide maintenance and other services for the exclusive part of their property, and the service contents and fees shall be negotiated by both parties separately.

Chapter III Service Fees

Article 6 The following methods are selected for property service charges in this property management area:

1, contract trunk system

The property service fee shall be paid by the owner according to the construction area of the property, and the specific standards are as follows:

Multi-storey residence: RMB/month. m2；

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) cleaning expenses of 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 management 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 management enterprises;

Party B shall charge the property service fee according to the above standards, and provide services according to the service content and quality standards agreed in this contract, and Party B shall enjoy or bear the surplus or loss.

Seventh owners should pay the property service fee (property service fund), decoration garbage disposal fee and decoration deposit from the date of receiving the key after completion.

If the completed property that has been included in the property management scope but has not been sold, or fails to be delivered to the property buyer on time due to Party A's reasons, the property service fee (property service fund) shall be paid by Party A in full. ..

If the owner and the user of the property agree that the user of the property shall pay the property service fee (property service fund), the owner shall bear joint and several liability from the agreement. The owner shall promptly notify Party B in writing of the payment agreement between the owner and the property user.

The property service fee (property service fund) is paid annually (year/quarter/month), and the owner or property user shall fulfill the payment obligation at the specific time notified by the property (the specific time for each payment).

Chapter IV Property Management

Ninth parking fees take the following ways:

1. The parking lot belongs to all owners * * *, and the parking space user shall pay the open parking fee of RMB/car. Month, garage parking space RMB/month? Pay the parking fee to Party B on a monthly basis.

Party B will pay RMB/vehicle for outdoor parking space from the parking fee. Month, garage parking space RMB/month? Standard monthly parking management service fee.

2. If the parking lot is owned by Party A and entrusted to Party B for management, the owner and the property user have the priority to use it, and the parking space user pays RMB for each open parking space? Month, garage parking space RMB/month? Pay the parking fee to Party B on a monthly basis.

Party B will pay RMB/vehicle for outdoor parking space from the parking fee. Month, garage parking space RMB/month? Standard monthly parking management service fee.

3. If the ownership or use right of the parking space in the parking lot is purchased by the owner, the parking space user shall pay RMB for each parking space. Month, garage parking space RMB/month? Pay the parking management service fee to Party B on a monthly basis.

Article 10 Party B shall sign a written parking management service agreement with the users of parking spaces in the parking lot, specifying the rights and obligations of both parties in the use of parking spaces and parking management services.

Article 11 Clubs in this property management area belong to (all owners/Party A).

If the club entrusts Party B to operate and manage, Party B shall charge the owners or property users who use the club according to the following standards:

1、 ;

2、 。

Article 12 The parking lot, clubhouse and other properties and public facilities owned by all owners in this property management area are entrusted to Party B for operation, and the operating income is distributed according to the following agreement:

1、 ;

Chapter V Acceptance of Property

Article 13 When Party B undertakes the house, Party A shall cooperate with Party B to inspect the following parts and facilities of the house:

1, upper and lower water pipes;

2. Public lighting lines;

3. Heating pipes.

Article 14 Party A and Party B confirm that there are the following problems in the inspected parts, facilities and equipment of the house:

1、 ;

2、 ;

3、 。

Party A is responsible for solving the above problems, and the solutions are as follows:

1. Both parties shall settle it through consultation;

2、 ;

3、 。

Article 15 After the signing of this contract, Party A and Party B shall inspect the parts and facilities of this property in accordance with the provisions of the preceding article, and sign a confirmation letter as the basis for defining their respective responsibilities for development, construction and property management.

Article 16 When Party B undertakes the property, Party A shall hand over the following materials to Party B:

1, completion site plan, single building, structure, equipment completion drawing, supporting facilities, underground pipe network project completion drawing and other completion acceptance data;

2 facilities and equipment installation, use, maintenance and other technical information;

3, property quality warranty documents and property use documents;

Article 17 Party A guarantees that the delivered house meets the acceptance standards stipulated by the state, and undertakes the warranty responsibility of the house according to the warranty period and scope stipulated by the state.

Chapter VI Use and Maintenance of Property

Article 18 Before the establishment of the owners' meeting, Party B shall cooperate with Party A to formulate rules and regulations on the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area.

When Party B provides management services according to the rules and regulations, Party A, the owner and the user of the property shall give necessary cooperation.

Article 19 Party B may take necessary measures such as persuasion, coordination and litigation to stop owners and property users from violating the Temporary Convention and property management rules and regulations in the property management area.

Article 20 Party B shall promptly notify all owners of major matters related to property management within the property management area, promptly handle complaints from owners and property users, and accept the supervision of Party A, owners and property users.

Article 21 If it is really necessary for Party A to temporarily occupy or dig roads and sites within the property management area for the maintenance of property or public interests, it shall obtain the consent of the relevant owners and Party B; If Party B really needs to temporarily occupy or dig roads and sites in the property management area, it shall obtain the consent of the relevant owners and Party A. ..

Temporary occupation and excavation of roads and sites within the property management area shall be restored to the original state within the agreed time limit.

Article 22 Party B shall sign a written decoration management service agreement with the owner or property user of the renovated house, and stipulate the construction time, garbage removal and treatment, decoration management service fee, etc. , and inform the owner or property user in advance of the prohibited behavior and matters needing attention in decoration.

Article 23 Party A shall provide Party B with property management premises that can be directly put into use according to relevant regulations (specific time).

The building area of the property management building is square meters, of which the building area of the office building is square meters, located at; The accommodation room is square meters, located in;

The room covers an area of square meters and is located in.

Article 24 The property management house belongs to all owners, and Party B can use it free of charge within the term of this contract, but its use shall not be changed.

Chapter VII Special Maintenance Funds

Article 25 Deposit of special maintenance funds.

Twenty-sixth special maintenance fund management.

Twenty-seventh the use of special maintenance funds.

Twenty-eighth special maintenance funds continue to raise.

Chapter VIII Liability for Breach of Contract

Article 29 If Party A violates the stipulations in Articles 13, 14 and 15 of this contract, so that Party B's management services can't meet the service contents and quality standards agreed in Articles 2, 3 and 4 of this contract, Party A shall compensate the owners and property users for the losses incurred.

Article 30 Except as agreed in the preceding article, if Party B's management service fails to meet the service content and quality standards agreed in Articles 2, 3 and 4 of this contract, it shall pay liquidated damages to Party A and the owner at the rate of 5%.

Article 31 If Party A, the owner or the user of the property violates Article 6 and Article 7 of this contract and fails to pay the property service fee (property service fund) in full and on time, Party A shall pay Party B 5% as liquidated damages.

Article 32 If Party B violates the provisions of Articles 6 and 7 of this Contract and raises the property service fee without authorization, the owner and the property user have the right to refuse to pay the overpaid portion; If Party B has collected it, the owner and the property user have the right to ask Party B to double it.

Article 33 If Party A refuses or delays the performance of the warranty obligations in violation of Article 17 of this contract, the owner and the property user may repair it by themselves or entrust Party B to repair it, and Party A shall bear the maintenance expenses and other losses caused thereby.

Article 34 Party B shall not be responsible for the following situations:

1. The property management service is interrupted due to force majeure;

2. Party B has fulfilled its obligations under this contract, but the inherent defects of the house itself have caused losses;

3. Because of the need to maintain the parts and facilities of the property, and notify the owner and the property user in advance, temporarily stop the water and power supply and stop the use of the facilities and equipment of the property, causing losses;

4. Loss caused by the failure of water supply, power supply, gas supply, heat supply, communication, cable TV and other facilities and equipment not due to Party B;

Chapter IX Other Matters

Article 35 The term of this contract shall be from July 3, 2005 to February 3, 2005. However, during the term of this contract, when the property service contract signed by the owners' committee on behalf of all owners and the property management enterprise comes into effect, this contract will automatically terminate.

Article 36 If the owners' meeting is not held 1 month before the expiration of this contract, Party A and Party B shall reach an agreement on extending the term of this contract; If both parties fail to reach an agreement, Party A shall hire a new property management enterprise before the expiration of this contract.

Article 37 Upon the termination of this contract, Party B shall timely and completely hand over the property management premises, property management related materials and other properties belonging to all owners to the owners' committee; If the owners' committee is not established, it shall be handed over to Party A or entrusted.

Article 38 The house sales contract signed by Party A and the purchaser shall include the contents agreed in this contract; The property buyer promises to accept the contents of this contract by signing the Property Purchase and Sales Contract.

Article 39 The owner may agree on the rights and obligations of this contract with the user of the property, but if the user of the property violates this contract, the owner shall bear joint and several liabilities.

Article 40 The annexes to this contract are an integral part of this contract and have the same legal effect as this contract.

Article 41 For matters not covered in this contract, both parties may sign a written supplementary agreement separately. If the supplementary agreement conflicts with this contract, this contract shall prevail.

Article 42 Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, both parties can choose the following second method to solve the problem:

1. Apply to the Arbitration Commission for arbitration;

2. Bring a lawsuit to the people's court.

Article 43 This contract is made in quadruplicate, with each party holding 1 copy.

Party A (signature) and Party B (signature)

Legal representative

20 10 10 3 1 day

Annex I:

Attribute composition details

Number of similar buildings (sets) and construction area

(square meters)

high-rise housing

Multi-storey residential building

Don't cry.

Commercial building

Factory building

office building

garage

Huisuo

Learning school

kindergarten

Use the house

Combination plan

Reserve bill

Annex II:

Attribute * * * Part Details

1, building load-bearing structure;

2. The main structure of the house;

3. Public foyer;

4. Public corridors;

5, male * * * stairs;

6. Inner patio;

7. Outdoor wall;

8. Roof;

9. Reception room;

10、 ;

1 1、 。

Annex III:

Property * * * Facilities and Equipment Details

1, green square meters;

2. Square meters of roads;

3. Septic tank;

4. Sewage well;

5. Rainwater well;

6. Refuse transfer station;

7. Water pump;

8. Water tank;

9. Elevator Department;

10, mailbox;

1 1, fire control facilities;

12, public lighting facilities;

13, monitoring facilities;

14, lightning protection facilities;

The antennas are 15 and * * *;

16, square meters of motor vehicle garage;

17, square meter open-air parking lot;

18, square meters of non-motor vehicle garage;

19, * * * with facilities and equipment room square meters;

20, property management room square meters;

Annex IV:

Quality standard of early property management service

I. Maintenance, conservation and management of the * * part of the property

1、 ;

2、 ;

3、 。

II. Operation, maintenance, conservation and management of property facilities and equipment * * *

1、 ;

2、 ;

Three. Cleaning of the use parts of the property and related sites, collection and removal of garbage, and dredging of rainwater and sewage pipes.

1、 ;

2、 ;

Fourth, the maintenance and management of public greening

1、 ;

2、 ;

3、 。

Verb (abbreviation of verb) vehicle parking management

1、 ;

2、 ;

Six, public order maintenance, security and other matters to assist in the management.

1、 ;

2、 ;

Seven, decoration management services

1、 ;

2、 ;

Eight, property file management

1、 ;

2、 ;

Nine. Other services

1、 ;

2、 ;