Job Recruitment Website - Property management - Has the property service contract been publicized?
Has the property service contract been publicized?
First, how to publicize the property service contract
The publicity of the property service contract can generally be carried out by posting a copy of the property service contract on the community bulletin board, publishing an electronic version of the property service contract on the online community property service system, and publishing an electronic version of the property service contract on the community WeChat group, as long as the community owners can know the contents of the property service contract.
2. What are the contents publicized by the realty service enterprise?
(1) Copy of business license, qualification certificate, certificates of management personnel holding certificates, various management service systems, division of responsibilities of management personnel, contact information, etc.
(two) the service content, service standards and charging standards agreed in the property service contract. The publicity time is to implement the publicity content within one month after taking over the community until the termination of the property service contract.
(3) Specific items and charging standards for providing special services. Publicity time, from specific projects providing special services to stop service projects.
(4) Collection and use of motor vehicle site occupation fees. Publicity time, publicity once every six months, each publicity time is not less than one month.
(5) Operating income and usage of * * * waste parts and facilities. Publicity time, publicity once every six months, each publicity time is not less than one month.
(6) the use of special housing maintenance funds. Publicize the application and use of special housing maintenance funds in accordance with regulations.
(7) * * with parts, * * with facilities and equipment operation. Publicity time, publicity in the fourth quarter of each year, each publicity time is not less than one month.
(eight) to pay the property management service fee, at least once a quarter to all the owners of the revenue and expenditure.
(9) Holiday service matters, arrangements for community cultural activities, and matters that need to be prompted to the owner.
(10) Other service items that need the owner to know in time.
3. What are the contents of the property service contract?
(1) General rules. The general principle is the general description of the property service contract. In general, the following main contents should be specified.
1. Names, domiciles and other profiles of the parties to this contract, including the entrusting party (collectively referred to as Party A) and the entrusted party (collectively referred to as Party B).
2. The basis for signing this property service contract, that is, what laws, regulations and policies are mainly based on.
3. Basic information of the entrusted property, including the completion date, type, functional layout, location, location, construction area, construction area, etc.
(2) Entrust management matters. Entrust management matters, that is, what contents are specifically responsible for and what management tasks are there. Entrust management matters mainly explain the nature of the management project, which parts the management project consists of, and so on.
(3) Management service fee. The management fee in the realty service contract should mainly include the composition, standard, total amount, payment method and time of the management fee.
(4) Rights and obligations of both parties to the contract. Different properties, different items and specific contents of property management, the demand for property management services and the rights and obligations of both parties can not be completely consistent. Therefore, for different types of property, both parties to the contract should formulate targeted and appropriate rights and obligations in the property service contract according to the nature and characteristics of the property.
(5) Manage service quality. Defining the requirements and standards of property management services is beneficial to both parties to the contract. This will not only help property management enterprises to improve their management efficiency and management level, thus enhancing their market competitiveness, but also help owners to know fairly well and better implement supervision and inspection of property management enterprises according to clear supervision reference standards.
(6) Term of the contract. The term of a contract refers to the time when the parties perform the contract and accept the performance. Generally speaking, the duration of the realty service contract should be determined according to the practical experience and specific actual situation in various places, but the starting and ending time of the contract must be clear. Of course, this starting and ending time must be specific. In practice, it is often stipulated that it will stop at 24 o'clock on a certain day. In addition, it is also necessary to stipulate how to hand over the property and property information when the management contract is terminated.
(7) Liability for breach of contract. The so-called liability for breach of contract refers to the liability with economic compensation that should be borne by the wrong party according to the law or the contract when one or both parties violate the obligations stipulated in the contract. The liability for breach of contract should be as specific as possible.
(8) supplementary provisions. Supplementary clauses generally record the agreement of both parties on the entry into force, alteration, renewal and dissolution of the contract.
Legal objectivity:
Article 15 of the Property Management Regulations stipulates: "On behalf of the owners, the owners' committee shall sign property service contracts with the property management enterprises selected by the owners' congress." After the owners' meeting is approved by more than two thirds of the voting rights of all owners in the property management area and decides to hire a property management enterprise, the owners' committee will sign a property service contract with the property management enterprise selected by the owners' meeting on behalf of the owners. (1) Generally speaking, in the property management area with diversified property rights, the owners' committee is authorized by the owners' meeting and is the main body of the contract to sign the property service contract with the property management enterprise. (2) Property management involves people's daily life and the normal order of the city, so it is necessary for government administrative organs at all levels to introduce, guide and supervise property management activities. The Regulations on Property Management clearly stipulates the subject qualification of the property service contract, requires the establishment of the owners' meeting and the election of the owners' committee to comply with legal procedures, and requires the property management enterprises to have corresponding qualification certificates. In addition, it is also required that the property service contract should be filed with the government property management department in time after signing. (3) When concluding a realty service contract, it should be made clear that not only the owner or the user of the realty should pay the relevant expenses incurred in the process of realty management service, but also the realty management enterprise should obtain certain expenses or profits, and the realty management service is paid. (4) As the main body of the realty service contract, all the owners in the realty management area generally cannot reach an agreement on the choice of realty management service and realty management enterprise, and it is impossible for a single owner or some owners to refuse a realty management service or a realty management enterprise. Therefore, as long as the legal majority voting rights are passed, all owners must bear corresponding responsibilities for the property service contract.
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