Pre-commissioned property management contract

Both parties to this contract

Client (hereinafter referred to as Party A): _ _ _ _ _ _ _ Owners Management Committee/Real Estate Development Company

Trustee (hereinafter referred to as Party B): _ _ _ _ _ _ Property Management Company.

In accordance with the Economic Contract Law of the People's Republic of China, Administrative Measures for Newly-built Residential Areas in Cities No.33 issued by the Ministry of Construction, Regulations on Property Management in Residential Areas of Shenzhen Special Economic Zone and its detailed rules for implementation, this contract is concluded on the basis of equality, voluntariness and consensus in order to entrust Party B with specialized comprehensive property management of (property name).

Article 1 Basic information on the location of the house:No.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Covering area: _ _ _ _ square meters;

Building area: _ _ _ _ square meters;

In which, residence: square meters;

Property type: _ _ _ _ _ _ (residential area or group, office building, commercial and residential building, industrial area, other/low-rise, high-rise, super-high-rise or mixed).

Article 2 Entrust management matters

1. Maintenance, conservation and management of building main body (load-bearing structural parts such as ground, roof, beams, columns, internal and external walls and foundation, external walls, stairwells, corridors, foyer, equipment rooms, _ _ _ _).

2. Maintenance, management and operation services of facilities and equipment (sewer pipes, downpipes, garbage passages, chimneys, lighting, antennas, central air conditioners, heating trunk lines, heating boiler rooms, pressurized water supply equipment, power distribution systems, building fire-fighting facilities and equipment, elevators, reclaimed water systems, etc.). ) used in building construction.

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

4. Maintenance, conservation and management of supporting service facilities (tennis courts, swimming pools, commercial outlets, _ _ _ _) within the red line of this property planning.

5. The public environment (including public * * * sites and buildings * * * parts) shall be clean and sanitary, and garbage shall be collected and removed.

6. Transportation, vehicle driving and parking.

7. Cooperate with and assist local public security organs to carry out security monitoring, patrol and other security work (excluding personal and property insurance custody responsibilities).

8. Community cultural and recreational activities.

9. Property and property management documents and materials.

10. Other matters managed by the property management company as stipulated by laws and policies.

Article 3 Term of Contract

The term of this contract is _ _ _ _ years. From _ _ _ _ _ _ _ to _ _ _ _ _ _ _.

Article 4 Rights and obligations of Party A

1. Negotiate the annual management plan, annual expense budget and final accounts report with the property management company;

2. Supervise and inspect the management of Party B, and conduct a comprehensive assessment once a year. If Party B's mismanagement causes great economic losses or management mistakes, it has the right to terminate the contract after being confirmed by the property management department of the municipal government;

3. Entrust Party B to deal with violations of property management laws, regulations, policies and owners' conventions, including ordering to stop illegal acts, demanding compensation for economic losses and paying liquidated damages, stopping water supply and power supply, and _ _ _ _ _ _ _ _ _ measures to urge payment and rectification;

4. Within days from the effective date of this contract, Party A shall provide Party B with _ _ _ _ square meters of business premises, which shall be rented out by Party B at the rate of _ _ _ yuan per square meter per month, and the income shall be used to subsidize the maintenance and management expenses of this property according to regulations and policies;

5. Party A shall provide Party B with _ _ _ _ _ _ _ _ copies of the contract.

① Free use.

② The rent is based on the standard of RMB per square meter of construction area per month.

6. Party A shall, within one day from the effective date of this contract, provide Party B with all the property and property management archives of this property (project completion data, residential user data, _ _ _ _). ) and take it back when Party B's management expires;

7. Party B shall not interfere with Party B's management and business activities according to laws or the provisions of this contract;

8. Be responsible for handling all kinds of disputes not caused by Party B;

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

10. Other responsibilities stipulated by laws and policies.

Article 5 Rights and Obligations of Party B

1. According to the relevant laws, regulations and policies and the stipulations of this contract, formulate various management measures, rules and regulations and detailed rules for the implementation of this property, and independently carry out various management and business activities without damaging the legitimate rights and interests of most owners (residents) and obtaining improper benefits.

2 in accordance with the provisions of the state and local property management service charges, in accordance with the property management services and services. Service depth, calculate the charging standard of property management services, and provide Party A with the basis for calculation, and charge in strict accordance with the charging standard agreed in the contract, and shall not increase the price without authorization, and shall not only charge no service or charge more for less service.

3. Be responsible for compiling the annual maintenance plan and major and medium-sized maintenance plan of the house and ancillary facilities and equipment, and Party B will organize the implementation after the consent of both parties.

4. Have the right to deal with violations of the owners' convention and property management laws and policies in accordance with laws and policies, this contract and the provisions of the owners' convention;

5. Have the right to hire a franchise company to undertake the special management business of this property and pay the fees, but not to transfer the overall management responsibility and interests to other people or units, and not to contract important special business to individuals;

6. Accept the supervision and guidance of the property management department and relevant government departments, and accept the supervision of Party A and the owner;

7. At least once every 3 months, the management expense balance account shall be published to all owners.

8. Do not occupy or change the public facilities of this property without authorization. If it is necessary to rebuild, expand and improve the supporting projects of the property, it must be approved by Party A and relevant departments before implementation;

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

10. Carry out effective community cultural activities and convenience services;

1 1. When this contract is terminated, Party B must hand over all the property originally entrusted for management, as well as various management files, financial materials and other materials; Public property transferred to this property, including assets accumulated by management fees and public income; Party A has the right to entrust a professional audit institution to conduct financial audit on the management and financial status of the house.

12. Do not assume the obligation of keeping and insuring the personal and property of the owner and non-owner users (unless otherwise agreed in the special contract).

Article 6 Management objectives

Party B formulates this property according to the management matters entrusted by Party A? Management sub-standard? (Work standards and assessment standards for various repairs, maintenance and management) shall be taken as the necessary annex to this contract after consultation with Party A ... the management standards promised by Party B within the year after this contract comes into effect; Meet the management standards during the year and obtain the certificate issued by the competent government department.

Article 7 Service fee management

1. The management service fee of this property shall be charged according to the following _ _ _ _ method:

(1) is charged to the owner (residential user) according to the standard stipulated by the government, that is, RMB _ _ _ _ yuan per square meter of construction area per month.

(2) Charge the owner (residential user) according to the standard negotiated by both parties, that is, RMB per square meter of construction area per month;

(3) Party A shall pay Party B directly according to the unified standard, that is, RMB per square meter of construction area per year (month); Terms of payment: _ _ _ _ _ _; Mode: _ _ _ _ _ _;

2. The adjustment of management service fee standard shall be carried out according to the following item _ _ _ _:

(1) According to the standards set by the government;

② Increase by _ _% every year;

(3) Annual rate _ _%;

④ Adjust according to the price fluctuation range announced by the local government every year;

⑤ Adjust according to the standards agreed by both parties;

3. 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. ..

4. The maintenance, conservation and renewal of the * * * same parts of the building (ontology) and facilities and equipment shall be proposed by Party B, and implemented after negotiation between both parties. The required funds shall be paid in the building ontology maintenance fund according to regulations. The collection of housing maintenance funds shall implement the guiding standards of the property management department of the municipal government. Party A has the obligation to urge the owner to pay the above sum and cooperate with the maintenance.

5. The special fund for the public facilities of the house is RMB Yuan only, and Party A shall be responsible for putting it in place within _ _ _ _ time according to the regulations and policies to ensure the renovation and major maintenance expenses of the public facilities of the house.

6. The upfront management fee for Party B to take over the property is RMB yuan, which shall be implemented according to the following item _ _ _:

① Party A shall pay Party B within _ _ _ days from the effective date of this contract;

② It shall be borne by Party B;

(three) to pay _ _ _ _ kinds of fees;

7. If the house is vacant due to Party A's responsibility and management expenses are incurred, the following option _ _ _ _ shall apply:

① Party A shall bear the management expenses of all vacant properties, that is, RMB per square meter of construction area per month;

② Party A shall bear _ _% of the above management expenses;

Article 8 Reward and punishment measures

1. If Party B fully completes the management objectives stipulated in this contract, Party A will reward Party B in the following circumstances:

2. If Party B fails to achieve the management objectives stipulated in the contract, Party A will punish Party B according to the following circumstances:

3. After the expiration of the contract, Party B may participate in the management bidding of Party A, and obtain the management right in priority under the same conditions, except that the bidding qualification or priority management qualification is cancelled according to laws, regulations, policies or regulations of the competent department. Party B has fulfilled all contractual responsibilities and achieved excellent management performance. Most owners have responded well and can renew their contracts directly without participating in the bidding.

Article 9 Liability for breach of contract

1. If Party B fails to achieve the specified management objectives 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 Party B fails to achieve the management objectives or directly causes economic losses to Party A, Party B shall compensate Party A for the corresponding losses. Party A has the right to require Party B to rectify and terminate the contract within a time limit.

3. If a major accident is caused by the quality of Party A's houses, facilities and equipment or installation technology, Party A shall be responsible for the aftermath. If a major accident is caused by Party B's mismanagement or improper operation, Party B shall bear the responsibility and be responsible for the aftermath. (The direct cause of the accident shall be subject to the appraisal conclusion of the relevant government departments)

4. If Party A and Party B obtain the right to operate by unfair competition, or cause the other party to lose the right to operate, or cause the other party's economic losses, they shall bear all responsibilities.

Article 10 Other matters

1. Both parties can modify, change or supplement the terms of this contract, and sign a written supplementary agreement, which has the same effect as this contract.

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

3. During the execution of this contract, if the contract cannot be performed due to force majeure, both parties shall not be liable for breach of contract, and shall negotiate and solve it in time according to relevant laws and policies.

4. In case of any dispute during the performance of this contract, both parties shall settle it through negotiation. If negotiation fails, it shall be submitted to the property management department for mediation. If mediation fails, it shall be submitted to Shenzhen Arbitration Commission for arbitration according to law.

5. The annexes to this contract are an effective part of this contract; In this contract and its annexes, the words filled in the blank part have the same effect as the printed words.

Matters not covered in this contract, its annexes and supplementary agreements shall be implemented in accordance with relevant laws, regulations and policies of People's Republic of China (PRC).

6. The original contract and its annexes are made in triplicate, one for each party and the property management department (for the record), which have the same legal effect.

7. This contract shall come into effect as of the date of signature.

Signature of Party A: Signature of Party B:

Legal representative:

Date, year and month

Article 2:

Principal (hereinafter referred to as Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Entrusted party (hereinafter referred to as Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Article 1 Basic information of the property

Attribute type:

Location:No. _ _ _ _ _ _ _

Floor space: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Article 2 The beneficiaries of the services provided by Party B are all owners and users of this property, and all owners and users of this property shall bear corresponding responsibilities for the performance of this contract.

Article 3 Be responsible for collecting the following fees from owners and property users:

1. Property management service fee;

2.__________________________________________________________________________。

Article 4 Where the owner and the property user entrust the repair and maintenance of the occupied parts, facilities and equipment of the house, Party B shall accept the entrustment and charge a reasonable fee.

Fifth of the owners and property users in violation of the owners' convention, according to the specific behavior and the seriousness of the case, take criticism, persuasion, warning, stop and other measures.

Article 6 Other entrusted matters

1.______________________________________________________________________________。

Article 7 The term of entrusted management is _ _ _ _ _ years. From _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _ _.

Article 8 A. Rights and obligations of Party A (applicable to the owners' committee)

1. Represent and safeguard the legitimate rights and interests of property owners and users;

2. Formulate the owners' convention and supervise the owners and property users to abide by the convention;

3. Examine and approve the property management system proposed by Party B;

4. Check and supervise the implementation of Party B's management and system;

5. Examine and approve the annual plan, financial budget and final accounts of property management services proposed by Party B;

B. Rights and obligations of Party A (applicable to real estate development enterprises)

1. Before the establishment of the main committee, it is responsible for formulating the owners' convention and making it an annex to the house sales contract, which requires the owners and property users to abide by;

2. Examine and approve the property management system proposed by Party B;

3. Check and supervise the implementation of Party B's management and system;

4. Examine and approve the annual plan, financial budget and final accounts of property management services proposed by Party B;

5. The houses, facilities and equipment entrusted to Party B for management shall meet the requirements of national acceptance standards.

If there are quality problems, handle them as follows:

(1) is responsible for maintenance;

(2) Entrust Party B to maintain and pay all expenses;

(3)__________________________。

Article 9 Rights and obligations of Party B

1. Formulate the property management system according to relevant laws and regulations and the stipulations of this contract;

2 of the owners and property users in violation of laws and regulations, report to the relevant departments;

3. According to the provisions of Article 16 of this contract, deal with the violation of the owners' convention by the owners and property users;

4. You can hire a franchise company to undertake the special management business of this property, but you may not transfer the management responsibility of this property to a third party;

5 responsible for the preparation of houses, ancillary buildings, structures, facilities, equipment, greening and other annual maintenance plans and large and medium-sized repair plans. After both parties agree, Party B shall organize the implementation;

6. Inform the owner and the user of the property about the use of the property. When the owners and users of the property decorate the property, they shall inform the relevant restrictions, conclude a written agreement and be responsible for supervision;

7 responsible for the preparation of the annual management plan, fund use plan and property management final report;

8. Publish management fee income and expenditure accounts to all owners and property users once a month;

9. Do not occupy or change the public facilities of this property without authorization. If it is necessary to modify, expand or improve the supporting works of the property, it must be negotiated with Party A and reported to the relevant departments for approval before implementation;

10. Upon the termination of this contract, Party B must hand over all the commercial premises, management premises and all the property management files to Party A;

Article 10 Party B shall achieve management by objectives according to the following agreements.

1. House appearance: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

2. Equipment operation: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;

3. Maintenance of houses, facilities and equipment: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

4. Public * * * environment: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

5. Greening: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

6. Traffic order: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Eleventh property management service fee

1. The management service fee of this property shall be charged by Party B to the owner or property user according to the construction area of RMB per square meter per month; Non-residential houses shall be collected from the owners or property users by Party B according to the construction area of RMB per square meter per month;

2. Adjust the management service fee standard according to _ _ _;

3. The management service fee for vacant houses shall be charged by Party B according to the construction area, with a monthly fee of RMB per square meter;

4. If the owner and the user of the property pay the property management fee overdue, it shall be handled according to the following _ _ _ method:

(1) Pay a late fee of RMB _ _ _ _ yuan every day from the overdue date;

(2) Pay a late fee of _ _ _ _ _ _ _ ten thousand yuan.

(3)_____________________________________________________。

Article 12 The parking fee shall be charged by Party B to the parking users according to the following standards.

1. Outdoor parking spaces: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;

2. Garage: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;

3._______________________________________________________。

Article 13 Party B's special services such as repair and maintenance of the occupied parts, equipment and adjacent parts of the house of the owner and the property user shall be paid by both parties according to the actual cost, and the charging standard shall be agreed by Party A. ..

Article 14 Other service items and charging standards provided by Party B to owners and property users are as follows:

1. The elevator operation fee of the high-rise building shall be settled according to the facts, and Party B shall collect it from the owner or property user;

2.________________________________________________________。

Fifteenth housing * * * parts, * * facilities, equipment, public * * * site maintenance, maintenance costs.

1. The minor repair and maintenance expenses of the * * * part of the house shall be borne by _ _ _ _ _ _ _ _ _; The cost of major and medium-sized repairs shall be borne by _ _ _ _ _ _ _ _ _ _; The update fee shall be borne by _ _ _ _ _ _ _ _ _ _ _;

2. The expenses for minor repairs and maintenance of facilities and equipment used in the house shall be borne by _ _ _ _ _ _ _; The cost of major and medium-sized repairs shall be borne by _ _ _ _ _ _ _ _ _ _; The update fee shall be borne by _ _ _ _ _ _ _ _ _ _ _;

3. The minor repair and maintenance costs of municipal public facilities and their affiliated buildings and structures shall be borne by _ _ _ _ _ _; Major and medium repair costs shall be borne by _ _ _ _ _ _ _; The update fee shall be borne by _ _ _ _ _ _ _;

4. The maintenance cost of public green space shall be borne by _ _ _ _ _ _ _; The renovation costs shall be borne by _ _ _ _ _ _ _;

5. Minor repairs and maintenance of ancillary buildings and facilities shall be undertaken by _ _ _ _ _ _ _; Major and medium repair costs shall be borne by _ _ _ _ _ _ _; The update fee shall be borne by _ _ _ _ _.

Article 16 If Party A violates Article 19 of this contract and Party B fails to achieve the specified management objectives, Party B has the right to ask Party A to solve the problem within a certain period of time. If Party A fails to solve the problem within the time limit, Party B has the right to terminate the contract. Where economic losses are caused to Party B, Party A shall compensate Party B for the economic losses.

Article 17 If Party B violates the agreement in Chapter V of this contract and fails to achieve the agreed management objectives, Party A has the right to require Party B to make rectification within a time limit. If Party B fails to make rectification within the time limit, Party A has the right to terminate the contract; If economic losses are caused to Party A, Party B shall pay economic compensation to Party A..

Article 18 If Party B violates the agreement in Chapter VI of this contract and raises the charging standard without authorization, Party A has the right to ask Party B to clean it up; If economic losses are caused to Party A, Party B shall pay economic compensation to Party A..

Article 19 If either Party A or Party B terminates the contract in advance without justifiable reasons, it shall pay RMB to the other party as liquidated damages; If the economic losses caused to the other party exceed the liquidated damages, compensation shall also be made.

Article 20 During the performance of this contract, in case of force majeure, which makes it impossible to perform this contract, both parties shall negotiate and solve it in time according to relevant laws and regulations.

Article 21 In case of any dispute during the performance of this contract, both parties shall settle it through consultation or report it to the property management administrative department for mediation. If negotiation or mediation fails, both parties agree to settle the dispute through _ _ _ _ _ _ _ _ _ _ _

Article 22 This contract shall terminate naturally upon expiration. If both parties renew this contract, they shall submit written opinions to the other party _ _ _ days before the expiration of the contract.

Article 23 This contract shall come into force as of the date of signature.

Signature of Party A: _ _ _ _ _ _ _ Signature of Party B: _ _ _ _ _ _

Date: _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _