What should be included in the property management contract?

A property management contract shall have the following main clauses:

1. Name and domicile of both parties. Party A (principal) of this contract is the owner or user of a certain property.

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Party B (the client) is the property management committee elected by the property management company;

2. Manage the project. That is, the name, location, area and boundary of the real estate under management;

3. Manage content. That is, specific management matters, including: the use, repair and maintenance of houses; Fire fighting, elevator, electromechanical

The use, maintenance, conservation and management of equipment, street lamps, corridors, bicycle houses (sheds), landscaping, ditches, canals, pools, wells, roads, parking lots and other public facilities; Cleanliness and hygiene; Driving and parking vehicles; Public order; Other property management matters stipulated by the real estate administrative department or agreed in the entrusted management contract;

4. Management expenses. That is, the management fee charged by the property management company to the owner or user. Property management fee ratio

It is more complicated, with different management matters and different charging standards. The regulations clearly stipulate some charging items, such as seasonal heating fees; Some charging items are negotiated with the property management Committee, such as parking fees in parking lots. These expenses, which can be clearly stipulated, should be clearly stipulated in the contract;

5. Rights and obligations of both parties.

According to the provisions of the Measures for the Administration of New Urban Residential Areas, the rights of property management companies mainly include:

(1) has the right to formulate residential property management measures in accordance with relevant laws and regulations and in combination with the actual situation. The measures for the management of residential areas formulated by property management companies can be comprehensive management regulations, or special regulations can be formulated for different aspects, such as health conventions and security conventions. The rules formulated by the property management company are important measures for community management services, and the management rules can only take effect after being approved by the community owners' meeting or the property management Committee. These management regulations do not belong to government actions, have no universal effect, and are only binding within the scope of community residents, and their nature belongs to group self-discipline regulations.

(2) according to the property management contract and management measures, the residential area is managed, which is not only the exercise of rights but also the performance of obligations;

(three) to collect fees in accordance with the property management contract and the relevant provisions;

(4) have the right to stop the violation of rules and regulations;

(5) Have the right to ask the management committee for assistance. As the representative of the owner and user of the house, the management committee has the responsibility to assist the property management company to do a good job. Property management companies can report the major events or individual problems that are difficult to solve to the CMC, and have the right to ask the CMC to coordinate and solve them in accordance with the management regulations, and the CMC should give support and assistance.

6. Have the right to choose a franchise company to undertake special management business. Property management is a multi-faceted management and service, and it is impossible for a property management company to meet all aspects of management conditions. Therefore, according to the needs of project management, some special businesses must be entrusted to other franchisees. For example, special work such as cleaning roads and cleaning garbage wells in the community is subcontracted to cleaning companies and other units or personnel; Hire a security company to undertake community security management.

⑦ Diversification can be implemented to supplement the management funds of the community with its income. China's property management has not been carried out for a long time, and people's living standards are still not high. It is impossible to carry out high-cost property management like foreign countries. However, in property management, it is impossible to follow the traditional practice of "fixing expenses by income". The way to make up for the shortage of funds is to diversify operations and supplement management funds with operating income.

In addition to the above rights, property management enterprises should also undertake the following obligations: ① to perform property management contracts and operate according to law; (2) accept the supervision of the CMC and community residents; (3) Major management measures shall be submitted to the management committee for deliberation and approval.

Members will realize; D accept the site selection of real estate administrative departments, relevant administrative departments and residential quarters.

Supervision and guidance of the people's government;

6. The terms of the contract. That is, the start and end date of the contract;

7. Liability for breach of contract. Both parties agree on their respective responsibilities in case of non-performance or incomplete performance of the contract;

8. Other matters. Both parties may agree on matters not covered in this contract, such as risk liability, mediation and arbitration, cooperation, etc.

Alteration, supplement and termination of the same contract, etc.