The effect of the previous property service contract on the owners.

According to the regulations, the preliminary realty service contract concluded by the construction unit and the realty service provider, and the realty service contract concluded by the owners' committee and the realty service provider are legally binding not only on the construction unit or the owners' committee and the realty service provider, but also on the owners. While enjoying the relevant rights in the contract, the owner also undertakes the contractual obligations, which are regulated and adjusted by the contract terms.

Although the owner did not directly participate in the signing of the previous property management contract, the owner must be bound by the previous property management contract. Because, the developer has the right to choose the property management company to carry out the preliminary property management, and the owner has already agreed on the preliminary property management matters in the commercial housing sales contract signed with the developer when purchasing the house. Therefore, after signing the purchase contract, the owner actually recognized the property management contract concluded by the developer before.

Explanation of basic concepts.

There are two kinds of property service contracts in China: one is the prophase property service contract, and the other is the ordinary property service contract. The prophase realty service contract refers to the realty service contract signed by the construction unit and the realty management enterprise it selects before the owners and the owners' congress select the realty management enterprise. This is a transitional contract.

Ordinary property service contract refers to the property service contract signed by the owner and the property management enterprise, that is, the owner pays the fee.

Second, the emergence of early property contracts.

In the later stage of the construction project, the developer selects the property management service agency through legal procedures, and the preliminary property management contract signed with the property company is in the process of the developer's delivery, until the owners of the community move in, and the owners' committee elects a new property company, so the preliminary property management contract is in a state of fulfillment.

Third, the property service contract signed by the owners' committee on behalf of the owners.

In practice, owners often set up owners' meetings and sign property service contracts with property management companies through their executive bodies-owners' committees.

The owners' committee elected by the owners' congress represents the interests of all owners, and the property service contract signed with the property service enterprise is equally binding on all owners.

legal ground

Article 939 of the Civil Code stipulates that the preliminary realty service contract concluded by the construction unit and the realty service provider according to law and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

Regulations of People's Republic of China (PRC) Municipality on Property Management

Article 22 The construction unit shall formulate a temporary management statute before the sale of the property, and make an agreement on the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that the owners should bear in violation of the Convention.

The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.

Twenty-third the construction unit shall express the temporary management agreement to the property buyer before the property is sold, and explain it.

When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary management agreement.

Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes: "The preliminary property service contract signed by the construction unit and the property service enterprise according to law, and the property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it. "