Civil Code Perspective: Property Service Contract

Property service is produced with the development of urbanization and the need of public service in residential areas. After the chapter of entrustment contract, the property service contract is similar to entrustment contract in terms of contract subject matter and belongs to the category of providing labor services. It has been stipulated in the Civil Code (Draft) that if there are no provisions in the property contract, the provisions of the entrustment contract shall apply. This rule used to exist, but it no longer exists. It is still very different, but as far as the subject matter of providing services is concerned, it belongs to the same labor contract.

What's the difference between a property service contract and other contracts for providing services? The services provided by property services are diverse, complex and pluralistic. Property services provide too many services, including the maintenance and repair of buildings and their ancillary facilities, the maintenance and management of environmental sanitation, and the maintenance and management of living order. Its services are very extensive. In the whole community, the management of some affairs in the community is basically managed by the people of the property service company. There are several issues to be noted in the property service contract:

First, the continuity of the property service contract. After the building is completed, there will be property. At this time, the building may not have been sold and the owner has not come in. Who will be responsible for the property? Perhaps the developer needs to conclude a property service contract. He may set up a property management company to manage it himself or hire a property management company to manage it. It has a property service contract, which is legally called "pre-property service contract".

The original property service contract should be signed with the owners' committee, and the owners' committee will conclude a property service contract with the selected property service provider. The previous property service contract was not signed with the owner. Is it effective for the owner? Should the owner abide by it? This is a problem that will exist in reality.

This civil code has made clear provisions in this regard. The previous property service contract and the property service contract signed by the owners' committee are equally legally binding on the owners, have the same effect and need to be observed. When can the validity of the pre-employment contract be terminated? Only the owners' committee and the property service provider selected by him can the property service contract be terminated from the effective date.

Second, the continuity between property service contracts. Because the owner has the right to decide whether to hire this property service provider, if I decide to dismiss and not sign a property service contract with you, I will find another property service company to sign a property service contract, or I will manage it myself. Does that mean that as soon as the new contract is established or takes effect, the previous contract will be terminated? Of course, it was terminated, but the property service was continuous.

During the handover period between you and the property service provider, and during the handover procedures, the original property service provider can't stop the property service, but it still needs to provide services. You can't stop until the new property service provider takes over. During this period, you can still collect property fees for providing services, but if you violate the handover obligations during the handover, you have no right to collect property fees.

Third, from the conclusion and termination of the contract. These aspects of the realty service contract also have their particularity. The conclusion and termination of the property service contract is the owner's business, and the owner decides to hire or dismiss the property service personnel. Regarding the decision of * * * on hiring or dismissing property service providers, it is required that the number of owners reach two-thirds as stipulated in the Regulations on Residential Distinction Ownership. There are three standards decided by the owner in building ownership: one is two-thirds; Second, three quarters; Three, more than half, this matter belongs to more than two thirds.

If you decide to dismiss, you must inform the property service provider 60 days in advance. The termination of the contract decided by the owner is arbitrary, as long as the owner decides, there is no other reason. Why do you want to remove it? Didn't he do well? I don't care whether he does a good job or not. I just don't need him. It's okay. It only needs a procedural agreement and 60 days' notice. But there is no justifiable reason, or the reason for termination should not be attributed to the property service provider, and you should be responsible for compensation. This is the income that the property service provider should get after the expiration of the property service period.

Do property service personnel have to serve you? After the expiration of the property service, you can also disagree with this situation, but you need to notify 90 days in advance. Unless otherwise agreed by both parties, all others need to give 90 days' notice in advance.

The realty service contract expires without termination or renewal, but the realty service company continues to provide realty service. At this point, the property service contract has become an indefinite contract, and the parties may have the right to terminate any indefinite contract. It can be lifted at any time, and it can be requested at any time. This is some particularity in the conclusion and performance of the property service contract.

Fourth, the obligation of the property service provider is of course to provide services in accordance with the property service contract. The Civil Code clearly stipulates that the property service contract shall be in written form. However, there is a provision in the Civil Code that the service publicly promised by the property service provider is beneficial to the owner and is also regarded as the content of the contract. This is oral and can also constitute the content of the property service contract.

The main obligation of the property service provider is to serve in person, because the property service contract belongs to the contract of providing labor services. The reason why the owner signed the property service contract with the property is based on the credit of the property service provider. Property service providers have the ability and conditions. The parties to this contract must deliver it in person. For example, the contractor in the contract must finish the work in person; The trustee in the entrustment contract needs to handle the entrusted affairs in person; The custodian in the custody contract shall keep it personally and shall not give it to others at will.