Job Recruitment Website - Property management - Format of preliminary property agreement
Format of preliminary property agreement
Party A:
Party B:
Party A refers to the real estate development unit or its entrusted property management enterprise;
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' assembly and the selected 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:
type
Sitting on the ground
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:
Rule number one. Rights and obligations of both parties
I. Rights and obligations of Party A
1. Provide services to Party B according to the previous property management agreement;
2. According to the relevant laws and policies and the temporary convention of community owners, and in combination 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 norms;
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;
(seven) the management of property archives, including project completion data, residential user data and information that should be managed by property management companies according to laws and regulations.
(VIII) Entrusted by the parties, Party B may accept the entrustment to repair and maintain the self-use parts, facilities and equipment of the owners and property users, and charge a reasonable fee.
(9) The owner or the user of the property has the obligation to notify Party B to repair the facilities and equipment used by the owner's exclusive part, and Party B will not bear the losses caused by the failure to notify in time.
(ten) responsible for collecting property management service fees and other fees stipulated by the contract or the government from the owners and users. (eleven) other matters managed by the property management company as stipulated by laws and policies.
Article 3: Term of Contract
(1) This contract shall come into effect as of the date of signature and seal by both parties. The service period starts from the date when the project is completed and accepted by the relevant departments of the municipal government, and the property officially moves in. When the owners' committee is established, the property management company shall be selected according to law within the scope of its ownership. After the property management contract signed by the owners' committee and the newly-selected property management enterprise comes into effect, this contract will be automatically terminated. The specific termination time shall be subject to the date of formal handover with the newly hired property management enterprise.
Article 4: Service fee management
(1) Property management service fee
1. Based on the principle of serving the owners and operating at a low profit, the property management service fee is charged by the charging system.
Way.
2. Property management service fees shall be charged by Party B according to different types of properties and construction area (including shared area).
Owners or property users charge, the specific standards are as follows:
Single-family villa: RMB/month * square meter townhouse: RMB/month * square meter.
Overlapping villa: yuan/month * square meter, nine-story duplex: yuan/month * square meter.
Nine-story apartment: Yuan/month * square meter multi-storey residence: Yuan/month * square meter Yuan/month commercial part: Yuan/month * square meter
If the meter reading of water and electricity charges is not realized in this property, Party B shall be responsible for meter reading and collecting water, electricity, sewage charges and garbage disposal fees. The charging standard shall be implemented according to the unified standard of the hydropower department and the urban management department, and adjusted accordingly according to the adjustment of the hydropower department and the urban management department.
(II) The property service fee for vacant houses caused by Party A's failure to reach the expected sales targets of all sold houses shall be borne by Party A, and the charging standard and payment time of the property service fee for vacant houses shall be the same as the property management fee mentioned in the preceding paragraph. For vacant houses that have been sold but the property unit (person) fails to check in within the time limit, the property management fee shall be borne by the property unit (person).
(three) the management service fee standard can be reviewed annually according to the price index and industry guidance standards published by the government, and adjusted after consultation between the two parties. After the establishment of the owners' committee, it shall be determined by the owners' committee through consultation with Party B. ..
(four) if the owners and property users pay the property service fees overdue, they will be charged a late fee on a daily basis from the date of overdue. If the property user defaults on the management fee, the owner shall bear joint and several liability.
(5) The maintenance, conservation and renewal of the building and its ancillary facilities and equipment, the same parts of the building (ontology) and the facilities and equipment used in the building (ontology) shall be undertaken by Party B, and shall be implemented after the consent of both parties and the approval of the owners' meeting. The required funds shall be paid in the building ontology maintenance fund according to regulations. The collection of housing special maintenance funds shall be implemented in accordance with the relevant provisions of the government property management department. Party A has the obligation to urge the owner to pay the above amount and cooperate with the maintenance work.
(VI) The starting cost for Party B to take over the property and set up the corresponding management organization is RMB.
(VII) If the service fee income of Party B cannot be guaranteed after the project is occupied due to Party A's reasons (such as seizure in violation of the relevant provisions of the government and this contract, property rights disputes, etc.). ), Party A shall bear the losses until Party B can receive the normal management fee.
Article 5: Rights and obligations of Party A.
(1) Check and supervise the implementation of Party B's management and system.
(2) According to the Real Estate Sales Contract signed by Party A and the owner, the year of the Ministry of Construction is (9 1) ZPP 3000 1? 90 "Housing Acceptance Standard", Party B shall go through the property acceptance procedures, and Party B shall assist Party A to complete the check-in procedures smoothly according to the actual situation of the property. These include:
1 After the completion of this property, all relevant government departments have passed the acceptance, and the fire protection system must pass the acceptance of the fire station. According to this contract, the management room is provided to realize the use function.
Should the water, electricity and electricity of this property be guaranteed? Three links? That is, turn on the indoor faucet, there is water, the drainage pipe can be used normally, the drainage is unimpeded, turn on the switch, and the TV, telephone and gas pipes are connected to the home.
The water quality of the secondary water supply of this property has passed the quarantine inspection by the epidemic prevention department.
The property should be isolated from the outside world through transparent fences to realize a closed property environment.
6. Complete the landscaping of the hotel.
7 Handle the property handover and acceptance with Party B fifteen days before moving in, and hand over the property-related materials to Party B before the equipment handover and acceptance (the handover list shall be delivered to Party B before moving in).
(3) Ensure that the houses, facilities and equipment handed over to Party B for management are products that have been accepted by relevant departments according to national acceptance standards; If there is any quality problem, Party A shall be responsible for repairing it or entrust Party B to repair it, and Party A shall pay the corresponding expenses.
(IV) Party A shall designate a special person or department to handle all kinds of problems during the warranty period of the property after occupancy, and bear the corresponding expenses and responsibilities.
(5) The property is equipped with security facilities such as camera monitoring system, family intercom system, automatic management system of motor vehicle parking lot, building automation management system, etc., which is convenient for the safety prevention of the property; Environmental protection facilities such as induction switches, self-closing water pipes and garbage sorting rooms (boxes) are set up in public areas of the property.
(VI) Party A shall, within one month before the occupancy of the property, provide Party B with a set of single management room above the ground with certain use conditions free of charge in accordance with government regulations.
(VII) When handling the property undertaking procedures, hand over the following materials to Party B:
1 Completion acceptance data such as the approval document of the property application for construction, the completion general plan, the completion drawings of single buildings, structures and equipment, supporting facilities, and the completion drawings of underground pipe network projects.
2. Facilities equipment orders contract, installation, use, maintenance and other technical data (including random data). 3. Property quality warranty documents and property use instructions.
List of all kinds of buildings, places, facilities and equipment in the property management area.
List of property rights of the property and supporting facilities. 、
Other information necessary for the use, maintenance and management of the property.
(VIII) Do not interfere with Party B's management and business activities in accordance with the law or this contract.
(IX) Responsible for handling all kinds of disputes caused by Party A and other responsibilities stipulated by laws and regulations.
Article 6: Rights and obligations of Party B
(1) Party B shall set up a special organization in the property to be responsible for the daily service of the property and perform the rights and obligations of this contract on behalf of Party B. ..
(two) to formulate various management measures, rules and regulations, implementation details, etc ... According to the relevant laws, regulations and policies and the provisions of this contract, combined with the actual situation of property services.
(3) Without affecting the normal use of some areas of * * * by the owners, make full use of community resources, independently carry out various services and business activities, provide convenience for the owners' life, and the proceeds will be used to supplement management funds, and shall not harm the legitimate interests of the owners or property users to obtain improper benefits.
(four) with reference to the relevant provisions of the local competent pricing department and the competent property management department on the guiding standards for property service charges, and according to the property service items, service contents and service depth, formulate the charging standards for property services.
(5) Establish the service files of this property, and be responsible for recording relevant changes in time.
(six) responsible for the development of the property housing renovation management regulations, requiring owners or users to abide by and supervise the implementation.
(VII) According to the requirements of Party A, Party B shall provide model property management services and corresponding service plans during the sales period of this project, and Party A shall bear the corresponding expenses.
(VIII) In the early intervention stage, according to other actual needs of property services, provide Party A with suggestions on supporting public facilities, selection and installation of electromechanical equipment, etc.
(IX) Upon the termination of this contract, Party B must hand over all the files and materials of commercial premises, management premises and property management to Party A or the owners' committee.
(10) It does not undertake the obligation of keeping and insuring the personal and property of the property owner and user, and does not undertake the losses caused by reasons other than Party B's, including unforeseen accidents such as throwing objects from high altitude and losses caused by force majeure.
Article 7: Service Objectives
(1) Implement the relevant government laws and standards stipulated by the municipal and district property management departments, accept the supervision and guidance of the property management departments and relevant government departments, and accept the supervision of Party A and the owners.
(2) The property shall be managed according to the ISO900 1:2000 international quality management system upon occupancy, and it shall reach the property management standard and meet the requirements of the ISO900 1:2000 international quality management system standard one year after full occupancy.
(III) Party B promises that during the contract period, on the premise that the property meets the natural conditions required by the government, Party A and Party B strictly perform the relevant responsibilities and obligations stipulated by the government and this contract, and at the same time, the relevant government departments organize the assessment, it will reach the management standards of outstanding property service communities in districts, cities, provinces and countries in turn.
Article 8: Liability for breach of contract
(1) After the Contract comes into effect, unilateral reasons such as the equity transfer of both parties, the change of shareholders, the change of legal representative or Party A's resale of the house in whole or in part to a third party shall not constitute the reason for unilaterally changing or terminating the Contract, otherwise, the breaching party shall pay liquidated damages to the other party in one lump sum within thirty (30) days from the date of default, and shall also pay corresponding compensation if reputation or economic losses are caused.
(2) If either party violates the relevant provisions of this contract, or fails to achieve the service objectives stipulated in this contract, or directly causes reputation or economic losses to the other party for other reasons, the observant party has the right to require the defaulting party to make rectification or settlement within a time limit; If it cannot be rectified or resolved within a time limit, the observant party has the right to terminate this contract, and the defaulting party shall pay liquidated damages, and pay corresponding compensation if reputation or economic losses are caused.
(3) The estimated occupancy time of the house is year, month and day, and Party A shall notify Party B in writing at least three months in advance. If Party A suffers reputation or economic losses due to Party B's failure to live in the property on time, Party A has the right to unilaterally terminate the contract and Party B shall compensate Party A.. If the house fails to meet the planning and design requirements, relevant government regulations and occupancy conditions agreed in this contract due to Party A's reasons, resulting in delayed occupancy or forced occupancy, which causes reputation or economic losses to Party B, Party B has the right to unilaterally terminate the contract, and Party A shall compensate Party B at the same time.
(IV) The amount of liquidated damages under this contract is RMB Yuan only.
(V) During the execution of this contract, in case of force majeure, which makes this contract unable to be performed or causes reputation and economic losses, both parties shall not be liable for breach of contract, and shall negotiate and solve it in time according to relevant laws and regulations.
Article 9: Methods of dispute settlement
Any dispute between Party A and Party B during the performance of this contract shall be settled through negotiation. If negotiation fails, both parties agree to bring a lawsuit to the local people's court.
This contract has * * * pages in total, and the original is in duplicate, with each party holding one copy.
Signature of Party A: Signature of Party B:
Representative of Party A: Representative of Party B:
Article 2:
Party A (the entrusting party): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owners Management Committee.
Party B (Trustee): _ _ _ _ _ _ _ _ _ _ _ _ _ Property Management Company
In order to strengthen the property management of _ _ _ _ _ _ _ _
Article 1 Content of property management
1. Party A entrusts the property located in _ _ _ _ _ _ _ _ _
2. Management matters include:
(1) Use, repair and maintenance of the house;
(2) Use, maintenance and management of public facilities, equipment and places (places) (fire fighting, elevators, electromechanical equipment, street lamps, corridors, bicycles, houses, sheds, landscaping, ditches, ditches, pools, wells, roads, parking lots, etc.). ) within the scope of property;
(3) cleanliness (excluding the work after the garbage is transported to the transfer station);
(4) public life order;
(5) Places for entertainment activities;
(6) convenient service outlets and all business places within the industry;
(7) Vehicle movement and parking;
(8) Property file management;
(9) Other matters authorized by the property management company.
The second form of entrusted property management
Contract management, self-financing.
Article 3 Term of property management
The term of entrusted management is _ _ _ _ _ _ _ years, counting from _ _ _ _ _ _.
Article 4 Rights and obligations of both parties
1. Rights and obligations of Party A:
(1) Party A entrusts the residential area to Party B for property management according to the stipulations of this contract;
(2) Supervise Party B's rational use of special funds for public facilities and allocate them to Party B in accordance with the Measures for the Administration of Special Funds for Public Facilities;
(3) Party B shall be provided with _ _ _ _ _ _ _ _ _ documents.
(4) Party B shall be provided with _ _ _ _ _ square meters of management space (including _ _ _ _ _ square meters of office space and _ _ _ _ _ square meters of staff dormitory), and the rent shall be _ _ _ _ _ _ yuan per month;
(5) Be responsible for providing Party B with a set of completion data of this residential project, and take it back when Party B's management expires;
(6) Party B shall not interfere with Party B's management and business activities in accordance with laws or the provisions of this contract;
(7) Supervise and inspect the management of Party B, and conduct an assessment every six months. If Party B fails to meet the property management objectives and economic indicators specified in Article 5 or causes heavy economic losses, it has the right to terminate this contract;
(8) Responsible for determining the management fee charging standard of this residential area;
(9) Entrust Party B to deal with acts violating the property management regulations, rules and regulations and the owners' convention, including imposing fines, ordering compensation for economic losses, and urging those responsible for the industry who fail to pay relevant fees without reason or refuse to make corrections through measures such as water and power cuts;
(10) Assist Party B to carry out publicity, education and cultural activities, and coordinate the relationship between Party B and the administrative departments and owners;
(1 1) Other responsibilities undertaken by Party A according to the policy.
2. Rights and obligations of Party B:
(1) According to the relevant laws and regulations, combined with the actual situation, formulate various rules and regulations of property management in this residential area;
(2) Abide by the management regulations and the responsibilities stipulated in the contract, comprehensively manage the residential property according to the authorization of Party A, ensure the realization of management objectives and economic indicators, assume corresponding responsibilities, and consciously accept the inspection and supervision of Party A;
(3) Make a maintenance plan according to the needs of major and medium repairs in the residential area, and collect the required maintenance funds from the public facilities special fund after submitting it to Party A for consideration and approval;
(4) Accept the supervision of Party A, report the financial accounts in the process of operation and management, submit the financial statements to Party A and the community management department once a month, and announce the management fee income and expenditure accounts to all owners once every three months;
(5) The public facilities in the residential area shall not be occupied or altered without authorization. Party B's reconstruction and expansion of supporting projects in residential areas shall be implemented after being approved by Party A and relevant departments;
(6) Party B shall set up management institutions and personnel in this residential area on the principle of high efficiency and lean;
(7) Residential property management files and responsible for timely recording relevant changes;
(8) The toll collector who is responsible for calculating the management fee of the residential area shall provide Party A with the calculation standards and basis, and collect fees in strict accordance with the charging standards approved by Party A, and shall not raise the charging standards without authorization;
(9) Have the right to handle the owners' convention and property management rules and regulations according to the entrustment of Party A and the provisions of the owners' convention;
(10) hand over all special houses and related properties, all property management files and related materials to Party A at the expiration of the management period;
(1 1) Carry out effective community cultural activities and convenient services;
(12) Have the right to hire a franchise company to undertake the special business of residential property management and pay the fees, but shall not transfer the overall responsibility and interests of residential property management to other people or units.
Fifth property management objectives and economic indicators
1. All management indicators shall conform to the standards stipulated by the property management department. After Party B takes over, the residential area shall reach the standards of _ _ _ _ _ _ _ _ _ _ _ _.
2. Ensure that all the charging indicators of _ _ _ _ _ _ _ _ _ yuan are completed every year.
Article 6 Risk mortgage
1. Party B shall pay Party A RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. After Party B completes the business objectives and economic indicators stipulated in the contract, Party A will refund all mortgage and bank demand deposit interest within three days after the expiration of the contract.
3. If this contract cannot be performed due to Party A's reasons, Party A shall double the mortgage payment and compensate Party B for its economic losses.
4. If this contract cannot be performed due to Party B's reasons, Party B has no right to demand the return of the mortgage deposit and shall compensate Party A for its economic losses.
Article 7 Reward and punishment measures
1. On the premise of fully fulfilling all management objectives and economic indicators, if there is any savings in management fees, Party A will reward Party B according to _ _ _% of the savings.
2. If the community is rated as a national, provincial and municipal civilized community, Party A will reward Party B with RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. If Party A fails to perform the contracting responsibilities, which affects Party B's contracting business objectives and economic indicators, or causes direct economic losses to Party B, Party A shall compensate or bear corresponding responsibilities.
4. If Party B fails to complete all responsibilities or management objectives and economic indicators, Party A shall instruct Party B to make corrections within a time limit. And impose a fine of RMB _ _ _ _ _ _ _ _
5. If Party B's mismanagement or gross mistakes cause economic losses or serious inconvenience to the house, Party B shall compensate the owners and users for the economic losses.
Article 8 Modification, Supplement and Termination of the Contract
1. The terms of this contract can be modified, changed or supplemented by both parties through consultation, and the written contract shall prevail.
2. Upon the expiration of contract management, this contract will be terminated naturally. If both parties want to renew the contract, they must submit written opinions to the other party three months before the expiration.
3. After the contract is terminated, Party B can participate in the management bidding of Party A, and give priority to contract management under the same conditions.
Article 9 Other matters
1. In case of irresistible natural disasters (typhoon, flood, earthquake, etc.) during the execution of this contract. ), causing economic losses, the two sides should understand each other and share it reasonably through consultation.
2. This contract shall come into force as of the date of signing; Appendix 1, 2, 3, 4, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and.
3. This responsibility letter is made in triplicate, one for each party and the property management department, with the same legal effect.
4. Both parties have disputes over the contract. If negotiation fails, they can submit it to the real estate management department for mediation or bring a lawsuit to the people's court.
5._______________________________________________________________ 。
6._______________________________________________________________ 。
Party A (seal): _ _ _ _ _ _ _ _ _ _ _ Party B (seal): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Representative (signature): _ _ _ _ _ _ _ _ Representative (signature): _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Attached:
1. List of residential properties (omitted)
2. Calculation table of income and expenditure of residential quarters in the coming year (omitted)
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