Who should sign a property contract with whom?

The realty service contract is signed by the realty service enterprise and the owners' committee, stipulating that the realty service enterprise shall carry out professional maintenance, conservation and management of the house and its supporting equipment, facilities and related sites, and maintain the environmental sanitation and public order in the relevant areas, and the owners shall pay a certain amount of service contract fees.

Legal analysis

According to the relevant laws and regulations, the property service contract shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc. Property management right is a kind of real right existing in people's property, so who can exercise this right should be decided by the owner of the property. The parties to a property management contract can only be the owner and the property management company, and the relationship between them is the relationship between the client and the principal, so the relevant provisions of the entrustment contract in the contract law should be implemented. Owners have the right to participate in residential property management, and have the obligation to rationally use houses and public facilities, maintain public order in residential areas, and abide by the regulations on residential property management. The owners' management committee elected by the owners is the executive body of property management in residential areas, and has the right to hire property management companies, property management personnel or other professional service agencies to conduct property management in this residential area and sign property management contracts with them. More and more owners know their rights and obligations as owners, and at the same time pay more attention to and use these rights carefully, hoping to effectively safeguard their own interests. One of the most important rights closely related to the interests of the owners is to choose an excellent property company to manage the community through the owners' committee and sign a good property service contract with the selected property company. Because contracts are legally binding on all owners and property companies, signing contracts is the key for owners to enjoy quality property services.

legal ground

Article 34 of the Regulations on Property Management shall conclude a written property service contract with the property service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.