What is a temporary management agreement and when is it made?

After buying a villa in a villa area, Mr. Feng learned that there is a temporary management statute in the villa area. Mr. Feng believes that the statute is not formulated by the owners' assembly or the owners' committee and should not be binding on the owners. So, how does the law stipulate this?

The lawyer replied.

In most cases, after the establishment of the property, the owner's occupancy is a gradual process, and the owners' meeting cannot be established immediately. When the property buyer purchases the property, the management contract must exist. This management contract, which existed before the owners' meeting formulated the management contract, is a temporary management contract. The construction unit shall formulate a temporary management agreement before selling the property, and make an agreement on the use, maintenance and management of the property, the interests of the owner, the obligations that the owner should perform, and the responsibilities that should be borne in violation of the temporary management agreement. The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.

Therefore, for Mr. Feng, as long as the contents of the temporary management statute conform to the provisions of the law, it is binding on Mr. Feng.

Legal link

property management regulations

Article 22 The construction unit shall formulate a temporary management statute before selling the property, and make an agreement on the use, maintenance and management of the property, the interests of the owner, the obligations that the owner should perform, and the responsibilities that the owner should bear if he violates the temporary management statute.

The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.

Twenty-third the construction unit shall express the temporary management agreement to the property buyer before the property is sold, and explain it.

When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management agreement.