Model Contract for Maintenance and Construction of Property Community

On behalf of:

Address;

Tel: _ _ _ _ _ _

Trustee: _ _ _ _ _ _

Representative: _ _ _ _ _ _

Registered address: _ _ _ _ _ _ _

Tel: _ _ _ _ _ _

Basic information of property

Property type: residence and supporting facilities

Venue: No.0/9, Yongtaizhuang North Road, Haidian District, Beijing

Floor space: square meters

Building area: _ _ square meters

Article 1 According to the Yiqingyuan Owners' Convention, the Rules of Procedure of Yiqingyuan Owners' Congress and relevant laws and regulations, Yiqingyuan Owners' Committee entrusts _ _ _ _ _ _ _ _ _ Company to provide property services for Yiqingyuan Community. Both parties sign this contract on the basis of equality, voluntariness and consensus.

The beneficiaries of the services provided by the trustee are all owners and users of the property within the property area, and all owners and users of the property shall abide by this contract.

Article 2 Entrusting service matters

The trustee shall provide the following services:

1. Repair and maintenance of building parts, including: floor, roof, external wall, load-bearing wall, stairwell, corridor, hall, etc.

2. Maintenance, conservation and operation management of * * * facilities, equipment and ancillary buildings and structures, including: roads, sewer pipes, septic tanks, pump houses, bicycle sheds, parking lots, sewage pipes, * * * lighting, heating boiler rooms, fire-fighting facilities and equipment in buildings, access control, elevators, etc.

3. Maintenance and management of public green space;

4, public * * * environmental sanitation, including housing * * * with parts of the clean sanitation, public * * * places clean sanitation, garbage disposal, etc. ;

5. Maintain the traffic and parking order in the community;

6. Maintain public order by means of public security monitoring, patrol and past duty, prevent suspicious persons from entering the community, and send the criminal suspects who commit crimes in the community to our company for investigation;

7. Keep the engineering drawings, household files and completion acceptance data related to the property;

8, according to the relevant provisions of the Beijing municipal government, collecting and remitting water and electricity charges;

9, for the owners or property users in violation of the "owners convention" behavior, according to the seriousness of the case, take persuasion, stop and other necessary measures (limited to the state of emergency and prohibit the use of equipment), report to the owners' committee, and bring a lawsuit to the court;

10. For other community public services that should be provided by property service enterprises under normal circumstances, if the owners or property users decorate the property, they shall inform the relevant restrictions in writing and be responsible for supervision.

The trustee may choose a franchise company to undertake the special management or service of the property, but shall not transfer the management responsibility of the property to a third party.

If the trustee fails to perform one of the above obligations or terminates the contract in advance, causing losses to the owner or the property user, it shall compensate according to law.

Article 3 Service charging standards

The owner or user of the property shall pay the following fees to the trustee:

1. The cleaning fee (including septic tank cleaning fee and garbage cleaning fee) shall be charged by the trustee at a quarterly rate of XX yuan per house;

2. The security fee shall be charged by the trustee at XX yuan per quarter for each house;

3. The residential greening fee shall be charged by the trustee at XX yuan per quarter for each house;

4. The operating expenses and lighting expenses of the access control, monitoring and fire control system shall be charged by the trustee at the rate of XX yuan per quarter for each house;

5. The water pump fee will be charged by the trustee at XX yuan per quarter for each house, and will not be charged for buildings No.2 and No.3 without water pumps;

6. The elevator fee (including elevator inspection fee and elevator electricity fee) shall be charged by the trustee at the rate of XX yuan per quarter for each apartment, but not for Building No.2 and Building No.3 without elevators;

7. The maintenance fee of public facilities shall be charged by the trustee at the rate of XX yuan per square meter per quarter;

8. Management fees (including business tax and profits of property service companies) shall be charged by the trustee at the rate of X yuan per square meter per quarter;

9. The heating fee shall be charged by the Trustee at XX yuan per square meter per heating year;

10. The parking management fee shall be charged by the trustee at XX yuan per vehicle on the ground and XX yuan per vehicle underground; The use fee of parking space shall be charged by the trustee at XX yuan per vehicle on the ground and XX yuan per vehicle underground; Visitors who stay for no more than 2 hours at a time are exempt from paying temporary parking fees. For those who stay for more than 2 hours, the management fee will be charged for each hour on the ground 1 yuan, and each car for half an hour underground 1 yuan. Stay for more than half an hour, according to one hour, less than half an hour, double the calculation.

The management fee and heating fee of the shop are charged according to the interior area. The item 1-6 is converted into one household per 100 square meter of indoor area, and the elevator fee is not charged temporarily. If the store needs to use the elevator regularly, it must negotiate with the owner's Committee in advance about the elevator fee price.

Article 4 Mode of payment

The above 1-7, heating fee item 9 and vehicle management fee item 10 shall be consistent with the expenses of the trustee (including the wages of workers providing related services), and the excess shall be handed over to the owners' committee and owned by all owners. The parking fee is paid quarterly to the property owner or the same property owner (represented by the owners' committee), and the profits of the trustee and the salary of the trustee's management personnel can only be extracted from the management fee.

The management fee is paid quarterly after the service is provided, the heating fee is paid in advance according to the heating year, and other expenses are paid in advance quarterly. If the relevant service fee has not been paid within one month after the start of the provision, the trustee may publicize the dunning on the bulletin board.

If the property owner or user fails to pay the property fee or the property collection and payment fee, the trustee may add a late fee within one month from the date of enjoying the service: for the first month overdue, one thousandth of the late fee will be added for each day overdue; For the second month overdue, a late fee of 2/1000 will be charged for each day overdue; From the third month of overdue, a late fee of 3 ‰ will be charged for each day overdue.

Article 5 Family service

The trustee shall, within one week after the contract comes into effect, formulate the charging standards for various home maintenance services (maintenance auxiliary materials such as screws, nails, coagulants, etc.). Are included in the maintenance service fee) and the time to ensure the quality of maintenance, and reported to the owners' committee for the record before publication. When the owner or property user entrusts to repair and maintain the self-owned parts and self-use equipment of the house, the trustee must accept the entrustment and charge according to the published standards; In case of maintenance quality problems during the warranty period, the trustee shall repair them free of charge. Users can purchase the main materials needed to maintain their own parts and self-use equipment. If the trustee needs to provide it, he should first reach an agreement with the user on the material price.

Article 6 Service standards

The service quality of the trustee shall meet the following requirements:

Maintenance and management of buildings, facilities and equipment used by 1.* * *: Conduct regular inspections, eliminate problems in time when found, establish a maintenance service return visit system, conduct annual inspection, and keep relevant records of major, medium and minor repairs to ensure the normal operation of equipment.

2. Cleaning service: the roads and stairs in the community are cleaned once a day, and the garbage is removed once a day. Timely clean up the waste in public places in residential areas, timely clean up the accumulated water and snow, and timely clean up the articles piled up in disorder and the publicity materials posted in disorder.

3. Security service: 24-hour special person on duty, daily inspection. Timely handle emergencies such as fire accidents, traffic accidents and public security incidents, and cooperate with the police station to deal with illegal phenomena within its jurisdiction. It is not allowed to use violence against the owner and his family, and it is not allowed to use violence against intruders beyond the limits of self-defense.

4. Greening management: there is no sundries in the green space, basically no bare land, vegetation pruning in time, no obvious dead branches and pests.

5. Fire control management: establish a fire control responsibility system, conduct regular fire control training, and regularly check and maintain fire control equipment to ensure that the fire control equipment is in good condition and clearly marked.

6. Vehicle management: The vehicles are parked in an orderly manner, and there is a special person to look after them. They are responsible for the man-made damage and theft of vehicles parked in this area (responsible for the remaining losses after compensation by infringers or insurance companies).

7. Decoration management: supervise the owner and the construction unit to carry out decoration according to relevant regulations, and monitor the decoration process.

8. Archives management: Designate a special person to manage, establish archives management methods, and uniformly manage the basic information of the property and the relevant information of the owner after moving in.

9. Urgent repair: completed within 12 hours, with a timely rate of over 95%; Minor repairs: completed within 72 hours, with a timely rate of over 80%.

10, heating: ensure that the temperature of the north room on the top floor is not lower than 15 degrees when the doors and windows are closed for a long time.

Article 7 Safeguards

In order to ensure the realization of the purpose of the above agreement, the entrusting party enjoys the following rights:

1, examine and approve the property service plan formulated by the trustee and the rules and regulations that the owners and property users need to abide by;

2. Check the implementation of the management and service work of the entrusted institution;

3. Review the trustee's fees (except management fees) and make an announcement in the community;

4. Conduct quarterly (or semi-annual or annual, depending on the intensity of public opinions) opinion polls on the satisfaction of owners or property users with the trustee's work, and the sample number of opinion polls shall not be less than 65,438+000.

While enjoying the above rights, the entrusting party shall perform the following obligations:

1. Within the validity period of the contract (provided), provide the trustee with a property management house with an interior construction area of square meters free of charge;

2. Provide the trustee with all drawings, documents and materials needed for property management (these materials have been handed over to the trustee by the developer);

3. When the owner or the user of the property fails to pay the property management fee as required, assist the trustee to demand payment;

4. Assist in dealing with the remaining problems of property services and charges before the contract comes into effect.

Article 8 rewards and punishments

The services provided or managed by the trustee shall be timely, efficient (high quality), economical and cordial, so that the owners or property users are satisfied with the service and management of the trustee. The opinion poll will score the entrusted matters specified in Articles 2 and 4 of this contract according to four indicators: timeliness, high efficiency (high quality) saving and goodwill, and then take the average value. The average satisfaction rate of the public opinion survey to the trustee is 60%, which is the condition for the trustee to get all the management fees. If the average satisfaction rate is reduced by 5 percentage points, the management fee of 5% will be deducted in the first quarter before the exam and the first quarter after the exam respectively. If the average satisfaction rate is lower than 40%, the entrusting party may unilaterally terminate the contract in advance and be exempted from the liability for breach of contract. If the average satisfaction rate exceeds 80%, or the average satisfaction rate exceeds 70% and there is obvious inflation (above 10%), the entrusting party shall suggest that the owners' meeting appropriately raise the management fee standard for the next year.

Article 9 Termination and rescission of the contract

This contract is valid for one year, from year to year.

Upon the expiration of this contract, if either party is unwilling to renew it, it shall notify the other party 30 days in advance, otherwise it shall be deemed as agreeing to automatically renew this contract for one year. However, if the average satisfaction rate of the sampling survey between the owner and the property user is less than 40% due to poor service quality, the contract will be terminated in advance without the restriction of "advance notice".

After the termination or dissolution of this contract, the trustee must hand over all the management houses and all the property management files to the client within 10 days, and the client shall assist the trustee to recover the fees payable from the defaulting owners or property users by means of announcement, issuance of certification materials and testifying in court.

Article 10 Supplementary Provisions

After the contract is initialled, it shall be publicized in accordance with the rules of procedure of the owners' meeting of Yiqingyuan. After 5 days of publicity/kloc-0, if there is no objection or the number of objections is less than the specified number, the contract will take effect with the seal of the owners' committee.

Both parties to this contract can supplement the terms of this contract through consultation and sign a written supplementary agreement, which has the same effect as this contract. However, if the supplementary agreement substantially modifies the terms of the contract, it is necessary to complete the publicity procedures stipulated in the Rules of Procedure of Yiqingyuan Owners' Congress.

Matters not covered in this contract, its annexes and supplementary agreements shall be implemented in accordance with relevant laws, regulations and rules of People's Republic of China (PRC).

This contract is made in triplicate, one for each party and one for the record of the property management department, all of which have the same legal effect.

In case of any dispute during the performance of this contract, both parties shall settle it through consultation; If negotiation fails, bring a lawsuit to Haidian District People's Court.

Signature of the entrusting party: Signature of the entrusting party:

Representative: representative: