What is the difference between pre-service agreement and temporary management agreement?

The prophase realty service contract refers to the agreement reached between the realty construction unit and the realty service enterprise on the rights and obligations of both parties in the prophase realty management stage, which is the basis for the realty service enterprise to be authorized to carry out realty management services.

The temporary management statute shall be drawn up by the developer in accordance with relevant laws and regulations in combination with the actual development of the project before selling the property. Its main content is to make an agreement on the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that they should bear in violation of the management regulations.

Article 21 of the Property Management Regulations stipulates: "Before the owners' meeting selects a property service enterprise, the construction unit shall sign a written preliminary property service contract. "The parties to the preliminary realty service contract not only involve the construction unit and the realty service enterprise, but also involve the owners.

Article 22 The construction unit shall formulate a temporary management agreement before selling the property, and make an agreement on the use, maintenance and management of the property, the interests of the owners, the obligations that the owners should perform, and the responsibilities that the owners should bear if they violate the temporary management agreement. The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.

Twenty-sixth prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.

After the establishment of the owners' congress, the owners' congress will formulate a management statute and sign a property management contract with the selected property company.

Extended data:

In the property management area, the area of the exclusive part delivered exceeds 50% of the total construction area? , or the first house has been delivered for two years, the district real estate department where the property is located shall organize the owners to set up the preparatory group for the owners' meeting in conjunction with the sub-district offices and township people's governments, and elect the owners' committee.

The main topics of the owners' meeting:

(a) to formulate and amend the rules of procedure of the owners' congress;

(two) to formulate and modify the management regulations of buildings and their ancillary facilities;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) to raise and use funds for the maintenance of buildings and their ancillary facilities;

(six) the renovation of buildings and their ancillary facilities;

(seven) other major matters related to the management of * * * and * * *.

Decisions on items 5 and 6 of the preceding paragraph ("raising and using funds for the maintenance of buildings and their ancillary facilities" and "rebuilding and rebuilding buildings and their ancillary facilities") shall be approved by the owners whose exclusive parts account for more than two-thirds of the total building area and more than two-thirds of the total number of people. Decisions on other matters specified in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people.

References:

Baidu Encyclopedia-Property Management Regulations

Baidu encyclopedia-owners' meeting