Basic situation of property service contract in the early stage

Article 21 of the Property Management Regulations stipulates: "Before the owners' meeting selects a property service enterprise, the construction unit shall sign a written preliminary property service contract. "The parties to the preliminary realty service contract not only involve the construction unit and the realty service enterprise, but also involve the owners.

In fact, real estate sales and owner occupancy are continuous processes. At this stage, it is unrealistic to require more than two-thirds of the owners with voting rights to vote to form the decision of the owners' meeting, and the property management service at this stage is necessary. Therefore, in order to avoid the vacuum of property management before the owners' meeting selects and hires property service enterprises, clarify the responsible subject of property management services in the early stage, and standardize the property management activities in the early stage, the Property Management Regulations clearly stipulate that the construction unit should select and hire property service enterprises in the early stage. 1. According to the principle of separation of real estate development and property management, the selling unit needs to select a qualified property service enterprise (management unit) to be responsible for property management through bidding.

2. Before the owners' committee selects the realty service enterprise, if the sales unit selects the management unit, it shall sign a written preliminary realty service contract. The prophase realty service contract shall include the following contents:

(1) Description of both parties to the service agreement:

① Real estate development unit;

The management unit entrusted by the real estate development unit;

(3) the buyer (owner).

(2) The basic situation of property management in the early stage.

(three) the rights and obligations of both parties in the preliminary property management agreement:

Rights and obligations of the management unit;

(2) The rights and obligations of the buyer (owner).

(4) Agreement on the content of property management services:

(1) Maintenance and management of * * * parts of the house;

(2) the maintenance management and operation of the facilities and equipment used in the house;

③ Cleaning and maintenance of environmental sanitation;

④ Safety management;

⑤ Traffic order and vehicle parking management;

⑥ House decoration management.

(5) Agreement on the quality of property management services:

① the appearance of the house;

② Equipment operation;

(3) * * with accessories, * * with facilities and equipment maintenance and management;

④ Environmental sanitation;

⑤ Greening;

⑥ Traffic order and vehicle parking;

7 safety;

8 put out the fire;

Pet-name ruby house * * * with parts, * * * with minor repairs and urgent repairs.

(6) Property management service fee:

(1) Property management service fee standard;

(2) Time of payment of property management service fee;

③ Adjustment method of property management service fee standard;

④ Standards and collection of other paid service fees.

(7) Management and use of maintenance funds.

(8) Relevant agreements on family insurance.

(9) Provisions on liability for breach of contract.

3. The selling unit shall incorporate the contents agreed in the previous property service contract into the sales contract signed with the buyer of commercial housing.

4. In order to protect the legitimate rights and interests of the parties to the preliminary property management contract and reduce property management disputes, the Ministry of Construction has formulated a model text of the preliminary property management service agreement for the parties to the preliminary property management to choose and determine the terms of the service agreement according to the actual situation.

5. After the preliminary realty service enterprise signs the realty management contract with the construction unit, before the establishment of the owners' committee, it shall also sign the preliminary realty service contract with the owners to clarify the rights and obligations of both parties and avoid the disputes arising therefrom. Once the owner signs the prophase realty service contract, it means that he accepts the management of the prophase realty service enterprise, and shall fulfill the obligations of paying the realty fee as stipulated in the contract.

The connection between the previous property service contract and the property service contract

The connection between the previous property service contract and the property service contract is related to whether the owner can use the property normally. If the connection work is not properly arranged, it may happen that the term of the previous property service contract has expired and the owners' meeting and owners' committee have not selected a good property service enterprise. At this time, the property service may be blocked, which may affect the normal use of the property by the owners. It is also possible that the term of the previous property service contract has not yet ended, but the owners' meeting has hired a new property service enterprise, and the owners' committee has signed a property service contract with it, which will easily lead to conflicts between the two property service enterprises.

In order to solve the problem of the connection between the early realty service contract and the realty service contract, Article 26 of the Property Management Regulations stipulates that the early realty service contract may have an agreed time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated. According to the practice of property management, the preliminary property service contract is generally terminated under the following three circumstances:

(1) If the contract termination time stipulated in the previous realty service contract expires, the term of the previous realty management shall be the contract termination time stipulated in the previous realty service contract.

(2) If the contract term stipulated in the preliminary realty service contract is not full, and the owners' committee selects other realty service enterprises and signs realty service contracts, the deadline for the preliminary realty management is the starting time for locking the realty service contracts of other realty service enterprises.

(III) If the contract term stipulated in the preliminary realty service contract expires, the owners' committee has not been established, or the realty service enterprise has not been selected, the original realty service enterprise may stop management, or continue to sign the preliminary realty service contract with the developer and continue to manage the property. In the case of continuing management, the deadline for the previous property management is when the new property service contract comes into effect.