Job Recruitment Website - Property management - 20 16 model of entrusted property management contract
20 16 model of entrusted property management contract
Entrusted property management contract
Both parties to this contract
Entrusting party (hereinafter referred to as Party A): _ _ _ _ _ _ _ Owners Management Committee
Trustee (hereinafter referred to as Party B): _ _ _ _ _ _ Property Management Company.
In accordance with the Economic Contract Law of the People's Republic of China, the Measures for the Administration of Newly-built Urban Residential Quarters No.33 issued by the Ministry of Construction and its detailed rules for implementation, and other national and local laws, regulations and policies on property management, on the basis of equality, voluntariness and consensus, Party A entrusts Party B to carry out professional and integrated property management of (property name), and hereby concludes this contract.
Article 1 Basic information of the property
Location: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 properties originally entrusted for management, various management files, financial data and other materials to Party A; 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 shall formulate the "management sub-standards" (working standards and assessment standards for various repairs, maintenance and management) of the property according to the management matters entrusted by Party A, and take them as necessary annexes 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 collects 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, 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
(The above answers were published on 2015-12-10. Please refer to the actual situation for the current purchase policy. )
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