How does the industry Committee sign a contract with the property

We know that there will be property management in the community, which can bring some convenience and services to the residents in the community at ordinary times, but it is no stranger to everyone to pay a certain fee and sign a property contract, so we need to have a certain understanding and understanding of this aspect.

1. How does the industry committee sign a contract with the property?

The owners' committee may sign a realty service contract with the realty service enterprise, and shall pay attention to the following matters:

1, the property service contract can be divided into contract system and contract gratuity system. Article 9 of the Measures for the Administration of Property Service Charges stipulates that the contract system refers to the way in which the owner pays a fixed property service fee to the property service enterprise, and the property service enterprise enjoys or bears the profit or loss; The contract gratuity system refers to the method of paying the contract gratuity to the realty service enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the realty service contract, and the balance or deficiency is enjoyed or borne by the owner.

2. Pay attention to the legality of the procedure. The main contents of the employment plan or the realty service contract of the realty service enterprise shall take effect after the consent of the owners' congress. The hiring or dismissal of a realty service enterprise shall be approved by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number.

3. Pay attention to clarify and refine the respective rights and obligations of both parties. Property service activities include the maintenance, conservation and management of houses, supporting facilities and related sites in the property service area, and the maintenance of environmental sanitation and related order. The service is rich in content and wide in scope, and the specific situation of each community is different. In the realty service contract, the disputes easily caused by unclear agreement mainly include:

(1) Revenue attribution: the revenue attribution of garages, parking spaces and business premises, the revenue attribution of advertisements in public parts, the revenue attribution of other public parts, etc. , need to make corresponding provisions.

(2) Scope and standard of service: What matters belong to the scope of property services, which do not, which services can be charged separately and which should not be charged separately.

(3) Detailed clauses: Some general clauses should be detailed. The clearer and more detailed the contract, the more beneficial it is for both parties to realize their rights and fulfill their obligations.

(4) Conditions for the termination of the contract: the termination of the contract upon expiration or early termination or force majeure, specifying the circumstances in which both parties to the contract can terminate the realty service enterprise in advance, and the contract shall not be terminated in advance except for the force majeure recognized by both parties.

(5) Handover after the termination of the contract: explain the time and method for the property service enterprise to hand over the public parts and property management materials to the industry committee after the termination of the contract, and specify the parts and materials that need to be handed over and the financial transfer.

4, pay attention to clear responsibility for breach of contract. In the realty service contract, it is necessary to clarify the liability for breach of contract that the realty service enterprise should bear in violation of the agreement, and the agreed liability should be practical and operable, especially in the case that the realty service enterprise that was dismissed in advance does not withdraw in time or the realty service enterprise that has not been dismissed withdraws in advance.

Second, the classification of property service contracts

According to different properties, property service contracts can be divided into residential property service contracts and commercial property service contracts. According to the different stages of service provision, it can be divided into prophase realty service contract and realty service contract. The former refers to the contract signed by the construction unit and the property service enterprise it selected before the property sales, and the latter refers to the contract signed by the legally established owners' committee and the property company selected by the owners' congress when the property delivered by the construction unit reaches a certain amount. When the realty service contract signed by the owners' committee and the realty service enterprise takes effect, the prophase realty service contract is terminated.

Article 937 of the Civil Code is a property service contract in which the property service provider provides property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order to the owners within the property service area, and the owners pay property fees.

Property service providers include property service enterprises and other managers.

Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.

Third, the main body of the property service contract

The construction unit refers to the real estate development unit. According to the relevant laws and regulations, the construction unit shall hire a realty service enterprise with corresponding qualification grade before selling the property, and undertake the service activities within the realty management area. When concluding a property sales contract with a property buyer, the construction unit shall incorporate the contents of the previous property service contract into the property sales contract. The owners' committee is elected by the owners' congress and is the executive body of the owners' congress. It represents the interests of the owners, implements autonomous management and safeguards the legitimate rights and interests of the owners. The owners' committee has been approved and registered by the relevant administrative organs of the government according to law and obtained legal qualifications. The owners' committee has the right to sign property service contracts with property service enterprises on behalf of the owners, and has the right to supervise the service level of the property service enterprises, the performance of the service contracts, the property management service charges and their use.

Property service enterprise Property service enterprise refers to an enterprise that has obtained the qualification certificate and business license of the property service enterprise, accepted the entrustment of the owners or owners' congress, conducted professional management in accordance with the property service contract, and implemented paid services. Property service enterprises have the right to manage the property in accordance with the property management measures and property service contracts, collect management fees in accordance with the property service contracts, and may hire professional service companies to undertake special service business within the property management area, but may not entrust the overall service business to others.

However, the main body of the contract will not change, mainly composed of two parts: the construction unit and the owner. When signing the contract, it is enough to make clear the obligations of both parties, and the rest can be signed if there are not too many problems.

After reading the above introduction, it should be understood that there are still many matters and details to be paid attention to when the industry Committee signs a contract with the property, otherwise some hidden dangers and problems will be left, which everyone should pay attention to. The above is the relevant content of how the industry Committee signs a contract with the property, hoping to help you.