Who signed the residential property contract?

1. Is the property management company signing a contract with the community?

The property company must sign a property service contract with the agency authorized by the industry Committee or the owners' congress; If there is no industry committee in your community, and you pay the property fee, the relationship between the two parties is still a property service contract.

Second, how many years has the property contract been signed?

Generally speaking, the term does not exceed 3 years. According to the "Property Management Regulations", there is no contract term for the prophase property service contract, that is to say, the prophase property service contract can be limited or indefinite. It is only stipulated that after the establishment of the owners' meeting, the owners decide to sign a property service contract with the property company or other property companies, or the owners' executing agency notifies the property company to evacuate for autonomous management, and the previous property service contract is invalid.

3. What legal provisions are involved in property management disputes?

The Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes

Article 1 In any of the following circumstances, the people's court shall support the request of the owners' committee or the owners to confirm the invalidity of the contract or the relevant provisions of the contract:

(a) the entrustment contract in which the realty service enterprise entrusts all the realty service business within the realty service area to others.

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.

If the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.

The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract.

The people's court shall support the owners to violate the realty service contract or laws, regulations and management regulations and implement acts that hinder the realty service and management, and the realty service enterprise shall request the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and eliminating the obstruction.

If a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules and regulations, without authorization, expands the charging scope, raises the charging standard or charges repeatedly, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.

The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.

If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people's court shall support it. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it.

After the owners' congress decides to dismiss the realty service enterprise in accordance with the procedures stipulated in the Civil Code, the people's court shall support the owners' committee's request to terminate the realty service contract.

Where a property service enterprise claims property fees from the owners' committee, the people's court shall inform it to claim rights from the owners who are in arrears with property fees.

After the termination of the rights and obligations of the property service contract, if the owner requests the property service enterprise to refund the property fee that has been received in advance but has not yet provided the property service, the people's court shall support it.

Where a realty service enterprise requires the owner to pay the property fee in arrears, it shall be handled in accordance with the provisions of Article 6 of this Interpretation.

After the termination of the rights and obligations of the realty service contract, if the owners' committee requests the realty service enterprise to withdraw from the realty service area and hand over the realty service place and related facilities, as well as the relevant materials necessary for realty service and the special maintenance funds entrusted by it, the people's court shall support it.

After the termination of the rights and obligations of the property service contract, if the property service enterprise refuses to withdraw or hand over and requests the owner to pay the property fee on the grounds that there is a de facto property service relationship, the people's court will not support it.

The people's court shall, with reference to the provisions of this Interpretation on the owners, handle the property service disputes caused by the violation of the property service contract and laws, regulations or management regulations by the lessee, borrower or other property users. The property management entrustment contract has been established between the property management company and the owner, and there is a service management relationship.

Legal objectivity:

civil law

Article 285

Entrusted by the owners, the realty service enterprise or other managers shall, in accordance with the provisions of the realty service contract in Part III of this Law, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owners, and promptly answer the owners' inquiries about realty service.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.