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When will the property service contract before the community be terminated?
Contents of the previous property service contract
The content of a contract is the terms of the contract, which is the specific provisions of the contract on the rights and obligations of the parties. The content of the preliminary realty service contract is to reflect the rights and obligations between the construction unit and the realty service enterprise through the terms of the contract, including the following main parts.
1, parties to the contract
The parties to a realty service contract are the construction unit and the realty service enterprise, among which the construction unit and the realty service enterprise are generally legal person organizations.
2. Basic information of real estate
The basic information of the property includes the property name, property type, location and construction area.
3. Quality of service content
Services mainly include: operation, maintenance, maintenance and management of * * * parts and facilities of the property; Environmental management of * * * part of the hotel and related places; Vehicle parking management; Assist in managing the maintenance and safety of public order; Property decoration management services; Property file management and other management services agreed by both parties.
4. Service charge
The service fee includes: the charging standard of the property service fee and the charging agreement mode (contract system or gratuity system); Property service fee items; Payment of property service fees; Under the condition of salary system, salary accrual method, service fund income and expenditure announcement and dispute handling, etc.
5. Property management
The operation and management of the property includes: the charging standards, management methods and income distribution methods of parking lots and clubs; Other * * * use parts of the property use facilities and equipment for operation and management.
6. Conduct inspection and maintenance.
The main contents of inspection, use and maintenance include the agreement on the responsibilities and obligations of both parties in the implementation process.
7, special maintenance funds
The main contents of special maintenance funds include the deposit, use, renewal and management of special maintenance funds.
8. Liability for breach of contract
This part mainly includes the agreement and handling of liability for breach of contract, the agreement of exemption clause and so on.
9 other matters
Other matters mainly include the term of performance of the contract, the conditions for the entry into force of the contract, the way to resolve contract disputes, the property management room, the ownership of property management related materials and other matters that both parties think need to be agreed.
What are the precautions for signing a property service contract?
In fact, the sale of real estate and the owner's residence are a continuous process. 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.
legal ground
Article 940th of the Civil Code
Before the expiration of the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, if the realty service contract concluded by the owners' committee or the owners and the new realty service provider takes effect, the preliminary realty service contract shall be terminated.
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