What are the main contents of the property management service contract?

Usually, the main contents of a property service contract are as follows:

(1) General rules. 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 the parties to this 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 transformation of the building itself.

(2) Management, maintenance, maintenance and update of public facilities and equipment (such as public lighting and central air conditioning).

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 ancillary 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, 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.

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Participate in the construction of community culture.

(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 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).

(4) the payment method and time of management fee, i.e. year, quarter or month; Whether to pay individually or collectively; Payment date, etc.

⑤ Management fee settlement, that is, whether the fees paid are settled in RMB or foreign currency.

⑥ Provisions on the adjustment of management fee standard, that is, the method and basis of management fee adjustment.

⑦ Treatment methods for overdue payment of management fees, such as punishment standard and amount.

Eight special services and special service charges.

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(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) Term 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) the provisions of the contract dispute settlement method.

⑤ Other matters agreed by both parties.

Property management regulations:

Article 35 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 36 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Forty-first property service charges should follow the principles of rationality, openness, and adaptability between charges and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Forty-second owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.