Job Recruitment Website - Property management - How to sign an entrusted management contract with a property management company? Find a solution
How to sign an entrusted management contract with a property management company? Find a solution
What is an entrusted management contract? What is the concept of entrusted management contract? Many people are not clear about this problem, even some developers and property management companies are not clear. Many property management companies take it for granted that as long as developers are hired and sign contracts with them, they can safely and legally enter the community for management. It's not that simple. When the developer sells all or most of the houses in the community, the developer's ownership of the community disappears completely or basically, and all the owners of the community have property rights to all the houses and public facilities in the community. At this time, the owners of the community are not developers but owners. At this time, only the majority of owners really have the right to sign entrusted management contracts with property management companies. Entrusted management contract is a legal document signed by the owners' committee elected by the majority of owners in the community and the property management company selected by them to entrust the property management company to conduct comprehensive management of the community, and it is a document regulating the rights and obligations between the property management company and the owners' committee. The document was drafted by the owners' committee, and the entrusted management contract mainly stipulated the following matters: 1. Determine the property under management, specify where the property under management is located, who owns the property rights, and the authority to exercise the ownership. 2. Entrust management resolutions and management companies, and make clear that the owners' committee will make resolutions after discussion and research. Decide which property management company to hire to manage the property. 3. The scope of entrusted management. Because of the complexity of property management, the owners' committee should list the management scope required by the property management company as detailed as possible, so that there will be standards and scope in the final assessment of the management company's work. The scope of management work is too wide to list one by one, such as safety, greening, sanitation, cleaning, maintenance, financial management, arrangement and use of management fees and maintenance funds, contact with municipal departments, related fitness, entertainment and commercial facilities. All the above aspects have specific requirements. 4. In addition, a joint meeting system should be established. If we want to manage the community well, we need the close cooperation and cooperation between the owners' committee and the property management company. The best way is for both parties to hold joint meetings regularly, and Party B will report to Party A to discuss major property management issues. 5. Reporting system: The owners' committee requires the property management company to report the work of last month to the owners' committee on a regular basis every month, so as to timely reflect the problems existing in the work. It is also required to report the financial situation, management fees and maintenance funds. The entrusted management contract also stipulates that the property management company regularly publishes accounts to all owners every three months and accepts the inspection and supervision of all owners. The management contract shall also include confidentiality clauses and liabilities for breach of contract, conditions and methods of renewal, and dispute settlement methods. Entrusted management contract is the legal basis for property management companies to enter the community to carry out property management work. The contract is signed by both the owners' committee and the property management company, and it is a legal document that the owners' committee entrusts the community it owns to the property management company for management on behalf of all the owners. Therefore, the formulation of this document is required to be as perfect and comprehensive as possible, fully expressing the requirements of all owners. Documents should be approved by all owners, or most owners, so as to be representative. As soon as the owners' committee and the property management company sign the documents, the legal relationship between them is established, and both parties must abide by the terms stipulated in the contract. Entrusted management contract is the most important legal document to establish the legal relationship between manager and managed person, employer and employee in property management activities, and both the owners' committee and the property management company should attach great importance to it.
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