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How does the property make a promise to the owner?
Standard property service contract and demonstration supplementary agreement.
Standard Property Service Contract Model Property Service Contract
Now most communities will be managed by professional property companies. Of course, correspondingly, the community owners need to pay some property fees to the property company. When both parties have a transaction, it is inevitable to sign a contract. Since we have to sign a property contract, we must sign a formal property contract. What is the standard property contract? What is the content? Let's have a look.
The entrusting party of both parties to this contract (hereinafter referred to as Party A):
Client of Owners Management Committee/Real Estate Development Company (hereinafter referred to as Party B):
In accordance with the Economic Contract Law, Decree No.33 of the Ministry of Housing and Urban-Rural Development, Administrative Measures for Newly Built Urban Residential Quarters, Regulations on Property Management of Residential Quarters and their detailed rules for implementation, the property management company signed this contract on the basis of equality, voluntariness and consensus on entrusting Party B with professional and integrated property management of (property name).
Article 1 Basic information of the property
Location: City Road (Street)No.; Coverage area: square meters; Building area: square meters; Including residential square meters; Property type: (residential area or group, office building, building, industrial area, other/low-rise, high-rise, super-high-rise or mixed).
Article 2 Entrust management matters
1. Maintain, conserve and manage the components used in the main building (floors, roofs, beams, columns, internal and external walls and foundations, external walls, staircases, corridors, corridors, equipment rooms, etc.). ).
2. Maintenance, management and operation services of facilities and equipment used by the main building (sewer pipes, downpipes, garbage passages, lighting, antennas, air conditioners, heating trunk lines, heating boiler rooms, pressurized water supply equipment, power distribution systems, facilities and equipment in the building, elevators, reclaimed water systems, etc.). ).
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 and 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. Community cultural and recreational activities.
8. Property and property management documents and materials;
9. 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 year month day to year month day.
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 and policies and owners' conventions, including ordering to stop illegal acts, demanding compensation for economic losses and paying liquidated damages, and taking measures such as stopping water supply and power supply. Responsible persons who fail to pay or underpay relevant fees without reason or refuse to correct violations;
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 RMB 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. Within days from the effective date of this contract, Party A shall provide Party B with square meters of management rooms (including square meters of management rooms, square meters of staff quarters and square meters of other rooms), which shall be used by Party B according to the following items: 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 the property and property management files and materials (project construction completion data and residential user data) of this property according to regulations, and take them 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 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 income and expenditure accounts 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 reported to Party A and relevant departments for approval 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 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 is implemented according to the following items: ① It is charged to the owner (residential user) according to the standard stipulated by the government, that is, RMB 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 yuan per square meter of construction area per year (month); Terms of payment: Method:
2. The adjustment of management service fee standard shall be carried out according to the following items: ① according to the standards stipulated by the government; ② Increase at the rate of% per year; (3) annual reduction of 10%; 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 maintain it.
5. The special fund for the public facilities of the house is RMB * * *, and Party A is responsible for putting it in place within the specified 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 expenses incurred by Party B in taking over the property shall be implemented according to the following terms: ① Party A shall pay Party B within days from the effective date of this contract; ② It shall be borne by Party B; (3) payment of fees;
7. The management fees for vacant properties caused by Party A's responsibility shall be implemented according to the following items: ① Party A shall bear the management fees for all vacant properties, that is, RMB per square meter of construction area; 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 complete all the management objectives stipulated in the contract, Party A will punish Party B according to the following conditions:
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 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 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
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