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Property management service agreement
The parties to this agreement
Party A:
Party B:
Party A refers to: 1, the real estate development unit or its entrusted property management enterprise; 2, public houses by the selling unit or its entrusted property management company management.
Party B refers to the buyer (owner).
Pre-property management refers to the property management from the date of house sale to the effective date of the property management contract signed by the owners' committee and the property management enterprise.
Name of this attribute:
Sales (pre-sale) contract number of the house purchased by Party B:
Basic information of the house purchased by Party B:
Category type
Seat position
Building area of square meters
In accordance with relevant laws and regulations, on the basis of voluntariness, equality and consensus, Party A and Party B reached the following agreement on pre-property management services when signing the house sales (pre-sale) contract:
Article 1 Rights and obligations of both parties
I. Rights and obligations of Party A
L. Maintenance, repair, service and management of * * * parts of the house, * * * facilities and equipment, greening, environmental sanitation, safety, transportation and other projects;
2. According to the relevant laws and policies, combined with the actual situation, formulate the property management system and property use code of this property, and notify Party B in writing;
3. Establish and improve the property management files of this property;
4, stop the violation of the "property management system" and "property use code" behavior;
5. The property management enterprise may entrust a professional company to undertake the special management and service business of this property, but it shall not transfer the overall management responsibility of this property to a third party;
6. Collect property management fees from Party B according to this agreement;
7, the preparation of property management services and financial annual plan;
8. Publish the income and expenditure accounts of property management fees to Party B every month;
9. Inform Party B in writing in advance of matters needing attention and restrictive conditions of house decoration, and sign a house decoration management agreement with Party B;
10, and shall not occupy the occupied parts of the * * property, facilities and equipment for * * personal use or change its use function;
1 1. Provide paid services to Party B, such as maintaining and repairing the occupied parts and facilities of the house;
12. Within 5 days from the date of termination of this agreement, handle the property management handover procedures of this property with the property management enterprise selected by the owners' committee, and the property management handover procedures shall be confirmed by the owners' committee;
13、 。
Two. Rights and obligations of Party B
1, participate in the owners' congress or owners' congress, and enjoy the right to vote, be elected and supervise;
2. Supervise Party A's property management service behavior, and put forward opinions and suggestions to Party A on related issues of property management;
3. Abide by the property management system and property use code of this property;
4. Pay the property management fee to Party A according to this agreement;
5. When decorating the house, abide by the house decoration management agreement;
6. Do not occupy or damage the * * * used parts, * * used facilities and equipment of the property or change its use function. If it is really necessary to reasonably use * * * parts and * * * facilities and equipment due to relocation, decoration and other reasons, Party A shall be informed in advance and restored to its original state within the agreed time limit, and compensation shall be paid for the losses caused;
7. When transferring the house, inform Party A in advance and inform the transferee to sign this agreement with Party A;
8. To bear civil liability for losses and damages caused by the lessee, user and visitor's violation of the property management system and property use norms;
9, in accordance with the principles of safety, fairness and rationality, correctly handle the adjacent relationship between water supply and drainage, ventilation, lighting, maintenance, transportation, health, environmental protection and other aspects of the property, and shall not infringe upon the legitimate rights and interests of others.
10、 。
Article 2 Contents of property management services
I. Maintenance and management of the use parts of the house * * * refers to the main load-bearing structural parts of the house (including foundation, internal and external load-bearing walls, columns, beams, floors and roofs, etc.). ), outdoor walls, hallways, stairwells, corridors, etc.
Two. Maintenance, management and operation of facilities and equipment used in houses * * * Facilities and equipment used in houses refer to sewer pipes, downpipes, water tanks, booster pumps, elevators, antennas, power supply lines, communication lines, lighting, boilers, heating lines, gas supply lines, fire-fighting facilities, green spaces, roads, street lamps, ditches, pools and wells.
Three. sanitation
1、
2、
3、
Fourth, safety.
1, content
(1) Assist the public security department to maintain public order in this property area;
(2)
(3)
2. Responsibility
( 1)
(2)
(3)
Verb (abbreviation for verb) traffic order and vehicle parking
1, content
( 1)
(2)
(3)
2. Responsibility
( 1)
(2)
(3)
VI. House Decoration Management
See Annex: House Decoration Management Agreement.
Article 3 Quality of property management services
I. Appearance of the house:
1、
2、
Second, the equipment operation:
1、
2、
Three, * * with part, * * with facilities and equipment maintenance and management:
1、
2、
Fourth, environmental sanitation:
1、
Verb (abbreviation for verb) greening:
1、
Six, traffic order and vehicle parking:
1、
VII. Safety
l、
VIII. Prevention:
1、
Nine, housing * * * with parts, * * with minor repairs and emergency repair facilities and equipment:
Minor repairs
1、
emergency repair
1、
Article 4 Property management service fee (excluding the cost of overhaul, renewal and transformation of facilities and equipment used in the * * * part of the house).
I. Time for Party B to pay the fees:
Two, residential construction area per square meter per month;
Three, non residential construction area per square meter per month;
4. The vacant house due to Party B is RMB per square meter per month according to the construction area;
5. If Party B rents the house, the property management service fee shall be paid by Party B;
6. When transferring the property, Party B shall pay the property management service fee before the transfer;
Seven, property management service fee standard adjustment;
Eight, each payment fee:.
Article 5 Other paid service fees
1. Parking space and its use and management service fee:
Motor vehicle 1,
2、
Non-motor vehicles 1,
2、
Second, cable TV:
1、
Third,
Fourth,
Article 6 Collection and remittance services
Entrusted by the relevant departments or units, Party A can provide water, electricity, gas (coal), heat, rent and other collection and payment services (the collection and payment fees do not belong to the property management service fees), and the charging standards shall be implemented according to government regulations.
Article 7 Management and use of maintenance funds
1. According to the regulations, a maintenance fund is set up for the property to be used for large and medium-sized repairs, renovation and reconstruction of * * * facilities and equipment after the warranty period expires. Party B has paid a maintenance fund of RMB yuan when purchasing the house.
Two. The annual use plan of the maintenance fund is proposed by Party A, and will be allocated after being audited by the local property management administrative department.
Three. When the maintenance fund is insufficient, it shall be renewed according to the proportion of the construction area occupied by Party B after the approval of the local property management administrative department.
4. When Party B transfers the ownership of the house, the balance maintenance fund will not be returned and will be transferred with the ownership of the house.
Five,
Article 8 Insurance
1. The insurance of the parts, facilities and equipment of the house shall be handled by Party A on its behalf, and the insurance expenses shall be shared by all the owners in proportion to their respective construction areas.
Second, Party B's family property and personal safety insurance shall be handled by Party B itself;
Third,
Article 9 billboard setting and rights and interests
One,
Second,
Third,
Article 10 Other agreed matters
One,
Second,
Third,
Article 11 Liability for breach of contract
1. If Party A violates this agreement and fails to reach the agreed management service quality target, Party B has the right to request Party A to make corrections within a time limit. If Party A fails to make corrections within the time limit, Party A shall bear corresponding legal responsibilities;
2. If Party B violates this agreement and Party A fails to achieve the agreed service quality management objectives, Party A has the right to ask Party B to make corrections within a time limit. If Party B fails to make corrections within the time limit, it will bear corresponding legal responsibilities;
3. If Party A raises the charging standard or charges at will in violation of this Agreement, Party B has the right to ask Party A to settle the fees charged, return the interest and pay the liquidated damages;
4. If Party B violates this Agreement and fails to pay relevant fees according to the charging standard and time agreed in this Agreement, Party A has the right to require Party B to pay liquidated damages on a daily basis from the overdue date, or.
Five,
Article 12 In order to safeguard the vital interests of the public, owners and users, in unforeseen circumstances, such as gas leakage, power leakage, flood, water pipe rupture, saving lives, assisting the public security organs to perform tasks and other emergency situations, if Party A takes emergency measures and causes necessary property losses to Party B, both parties shall handle them according to relevant laws and regulations.
Article 13 In case of force majeure during the execution of this agreement, both parties shall handle it according to relevant laws and regulations.
Article 14 The words filled in the blank of this Agreement have the same effect as the printed words. Matters not covered in this agreement shall be implemented in accordance with relevant national laws, regulations and rules.
Article 15 In case of any dispute during the performance of this Agreement, both parties shall settle it through consultation or apply to the property management administrative department for mediation. If negotiation or mediation fails, it may apply to the Arbitration Commission for arbitration or bring a lawsuit in a people's court.
Article 16 The original and attached pages of this Agreement are in duplicate, with each party holding one copy. Have the same legal effect.
Article 17 Before signing this agreement, Party A has sent the sample agreement to (Property Management Administration Department) for filing.
Article 18 This Agreement shall come into force as of the date of signature.
Signature of Party A: Signature of Party B:
Representative: representative:
date month year
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