No property contract

First, is it illegal for a property not to sign a contract?

According to the relevant laws and regulations, the property management company should sign a contract with the owner, and it must be signed in writing. Property service contract is not only the basis for collecting property fees, but also the basis for property management services provided by property companies, and can also protect the legitimate rights and interests of owners. Generally, both parties will sign a property service contract.

Second, how to collect the property fee?

(1) What does the property fee include?

The constituent elements of property fees are as follows:

1, labor cost, salary of management service personnel, social insurance and welfare expenses extracted according to regulations;

2, the daily operation and maintenance costs of * * * parts of the property and * * * facilities and equipment;

3, the property management area greening maintenance costs;

4, property management area cleaning costs;

5, property management regional order maintenance costs;

6. Office expenses;

7. Depreciation expenses of fixed assets of property management enterprises;

8. Part of the property, facilities, equipment and public liability insurance fees;

9. Other expenses agreed by the owner.

Property service fee is the operating cost of property enterprises, which has included the corresponding residential sanitation and cleaning costs. As for whether the "sanitation fee" consulted by many people is "garbage disposal fee", it needs to be specially explained here that this fee is an administrative fee, which is collected by the urban sanitation department (also entrusted by the neighborhood Committee and the property).

(2) How to determine the amount of property fees?

1, how to determine the property management fee?

The charging standards of different services provided by property management companies for your owners or users are different. Part of the service charges are determined by the property management company through consultation with the owners or users. However, some services should be charged according to the regulations of relevant government departments. Specifically, some projects are one-time charges; Some items are collected regularly, and some items are collected in a flexible way. The specific situation depends on how the signed property management contract is stipulated.

2. Principles for determining property management fees

On the one hand, the collection standard of property management fees should be restricted by relevant national policies and regulations, and arbitrary charges should not be charged; On the other hand, the collection standard of property management fees is also limited by the income level of users. Therefore, the property management contract signed cannot violate the constraints of relevant national policies and regulations.

3. Property management fees must be clearly marked.

Property management companies to provide services to the owners (including providing property services agreed in the property service contract and providing services other than those agreed in the property service contract entrusted by the owners) shall clearly mark the price in accordance with these Provisions, indicating the service items, charging standards and other related information.

3. What is a property service contract?

(a) the realty service contract refers to the realty service enterprise and the owners' committee, which stipulates that the realty service enterprise shall carry out professional maintenance, conservation, management and maintenance of the environmental sanitation and public order in the relevant areas, and the owners shall pay remuneration.

(B) the characteristics of the property service contract

1. The property service contract is a civil contract based on equality and voluntariness. Traditionally, the property service contract is also called the property management contract, but it is essentially different from the administrative contract signed by the administrative organ with the relevant units to realize the administrative authority.

2. Property service contract is a special entrustment contract. The property service contract is based on the entrustment of the owners' congress and the owners' committee, but it is different from the general entrustment contract. According to Article 919 of the General Principles of Civil Law of People's Republic of China (PRC): "An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs." The entrustment contract is based on mutual trust. Either party to the entrustment contract loses trust in the other party and can terminate the entrustment relationship at any time. During the performance of the realty service contract, the realty company, the owners, the owners' assembly and the owners' committee are not allowed to terminate the realty service contract without authorization on the grounds of distrust, and the realty service contract can be terminated according to law only if the termination conditions stipulated by law or agreed in the contract are met. In addition, the entrustment contract can be paid, unpaid, oral and written, but the property service contract can only be written and paid.

3. Property service contract is a contract with labor as the subject matter. The obligation of the realty service enterprise is to provide labor services such as house maintenance, equipment maintenance, public security, sanitation, landscaping, etc. as agreed in the contract. Property service enterprises have the right to receive remuneration after completing the agreed obligations. There are also essential differences between property service contracts and contracts involving the provision of labor services. A contract is a contract in which the contractor completes the work according to the requirements of the customizer, delivers the work results, and the customizer pays the remuneration. Although the contract also involves the provision of labor services, the labor services provided by the contractor are only means, not the purpose of the contract. The contractor should use his services to produce some materialized results and bear the risks in his work. If the contractor fails to complete the work, he shall not ask for remuneration. Property service contracts take specific services as their content. As long as the realty service enterprise completes the agreed service behavior, the remaining risks shall be borne by the owner.

4. Property service contracts are agreed contracts, paid contracts, bilateral contracts and compulsory contracts. The owners' committee and the realty service enterprise reach an agreement on the terms of the contract to establish the realty service contract, without taking the actual delivery of the property as an important element. The realty service enterprise is a profit-making enterprise legal person who obtains a business license, participates in market competition, operates independently and is responsible for its own profits and losses. There is no free property service, so the property service contract is a paid contract. According to the content of the realty service contract, the owners, owners' congress, owners' committee and realty service enterprise all enjoy the rights and perform their obligations, so the realty service contract is a two-way contract. The comprehensive service scope of the property service contract is wide, the interests are significant, and the performance period of the contract is relatively long. In order to avoid the weakness that oral contracts are difficult to obtain evidence, the property management regulations clearly require that property service contracts should be concluded in written form and reported to the property management administrative department for the record, so they are necessary contracts.

It is illegal for a property company not to sign a contract, which is not conducive to the property company to collect property fees, nor is it conducive to the owners asking the property company to provide property services. Therefore, the signing of a property service contract must be signed by both parties. The above is to bring you relevant knowledge about whether it is illegal to refuse to sign a property contract. If you don't know anything or have other questions, you can consult a lawyer.