Job Recruitment Website - Property management company - Can the neighborhood Committee sign the contract?

Can the neighborhood Committee sign the contract?

Legal subjectivity:

1. Can the neighborhood committee sign a property service contract?

Neighborhood committees can sign property service contracts, but only when the owners' committee has not been established can the neighborhood committees exercise the duties of the owners' committee on their behalf, and the service contracts signed with the property are valid at this time. If the owners' committee has been established, the service contract signed by the neighborhood committee and the property is invalid.

Second, how do neighborhood committees sign service contracts with property?

"Property service contract" refers to the service contract concluded between the property service enterprise and the owners' committee, which stipulates that the property service enterprise shall carry out professional maintenance, conservation, management and maintenance of environmental sanitation and public order in the relevant areas, and the owners shall pay remuneration. In judicial practice, the main body of the property service contract generally includes the construction unit, the owners' committee, the property service enterprise and the residents' committee.

Residents' committees, that is, grass-roots mass autonomous organizations with self-management, self-education and self-service, are the important foundation of China people's democratic dictatorship and urban grass-roots political power, and also one of the bridges and ties between the party and the government and the people. According to the Guiding Rules of People's Republic of China (PRC) Owners' Congress and Owners' Committee and Article 58 of the Ministry of Housing and Urban-Rural Development, "If the owners' committee cannot be elected due to objective reasons or the number of members of the owners' committee is less than half of the total number, before the new owners' committee is established, the residents' committee where the property is located can act as the owners' committee under the guidance and supervision of the subdistrict office and the township people's government. "If the owners' committee has not yet been established, the residents' committee, as the grass-roots management organization, as the owners' committee, shall sign a property service contract with the property in accordance with the above provisions.

3. What are the contents of the property service contract?

(1) Description of the parties to the service agreement;

(two) the basic situation of early property management;

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

(four) the agreement on the content of property management services;

(five) the agreement on the quality of property management services;

(6) Property management service fee;

(seven) the management and use of maintenance funds;

(8) Family insurance related agreements;

(9) Provisions on liability for breach of contract. If the owners' committee has been established, the service contract signed by the neighborhood committee and the property is invalid.

Legal objectivity:

According to Article 101 of the Civil Law of People's Republic of China (PRC), residents' committees and villagers' committees have the legal personality of grassroots mass autonomous organizations and can engage in civil activities needed to perform their functions. If a village collective economic organization has not been established, the villagers' committee may act as the authority of the village collective economic organization according to law.