Is the property management contract signed by the owners' committee valid for the owners? What does the property management contract contain?

The property management contract signed by the owners' committee may not be valid for the owners.

1. This contract is illegal because it has not been publicized to all owners and has not been approved by the owners' meeting.

2. If the owner doesn't know the contract, service level, hygiene level and charging standard, he may not pay the management fee.

Article 76 of the Property Law stipulates that the following matters shall be decided by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(two) to formulate and modify the management regulations of buildings and their ancillary facilities;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) to raise and use funds for the maintenance of buildings and their ancillary facilities;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Decisions on matters specified in items 5 and 6 of the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

Article 78 The decisions of the owners' congress or the owners' committee are binding on the owners.

If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people to cancel it.

The main contents of the property service contract:

1, general.

The general principle is the general description of the property service contract.

In general, the following main contents should be specified.

(1) Brief introduction of the names and residences of both parties to the 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.

(three) the basic situation of the entrusted property, including the completion date, type, functional layout, location, location, construction area and construction area of the property.

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.

Generally speaking, the management matters entrusted with property management should mainly include the following contents.

(1) Maintenance and renovation of the building itself.

(2) Use, management, maintenance, maintenance and renewal of public facilities (such as public lighting and central air conditioning) of the property.

(3) Management, maintenance, conservation and renewal of municipal public facilities and affiliated buildings and structures within the property area.

(4) Maintenance, conservation and management of affiliated buildings and facilities (including commercial outlets).

(5) Environmental sanitation management and service.

(6) Safety management and services (such as public security management, fire control management and vehicle road safety management, etc.). ).

(7) Property file management.

(8) Environmental beautification and greening management, such as the maintenance, construction and management of public green spaces, flowers, trees and architectural sketches.

(9) Heating management.

(10) Community culture construction.

3. Management service fee.

The management fees in the realty service contract shall mainly include the following contents.

(1) The composition of the management fee, that is, what items are included in the property management service fee.

(2) the standard of management fee, that is, the charging standard of each charging item.

(3) Total management fees, that is, the total amount of fees payable per building area or per household per month (or per year).

(four) the payment method and time of management fees, that is, annual payment, quarterly payment or monthly payment; Whether to pay individually or collectively; Payment date, etc.

(5) Settlement of management fees, that is, whether the fees paid are settled in RMB or foreign currency.

(6) Provisions on the adjustment of management fee standards, that is, the methods and basis of management fee adjustment.

(7) Handling methods for overdue payment of management fees, such as punishment standards and quotas.

(8) Special services and standards for special services.

(9) Measures for the management of public equipment maintenance funds, etc.

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. The terms 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. Generally, the following contents shall be indicated.

(1) When the contract comes into effect, it is the effective date of the contract.

(2) Whether to renew the contract after its expiration.

(3) the provisions of the contract change.

(4) Contract dispute settlement agreement.

(5) Other matters agreed by both parties.

The extended information property management contract, also known as the Property Management Service Contract, is a contract signed by the entrusting party and the property service enterprise on the basis of equality, voluntariness and unanimity according to the People's Republic of China (PRC) Contract Law and the Measures for the Administration of New Urban Residential Quarters issued by Decree No.33 of the Ministry of Construction and its implementation rules.