How to sign a service contract with the property?

When signing a contract, we should pay attention to the following questions: 1, and fully understand the subject qualification of the contracting party. 2. Pay attention to the equivalence of contract terms. The terms of the contract should be clear. 4. Determination of management fee standard. 5, the special requirements of engineering subcontracting. 6. The name of the arbitration institution shall be specific. 7. Signature and seal should be available at the same time.

The Residential Property Service Contract is a written agreement of 15 items signed by the residential owner and the property service company. So, how to sign a residential property service contract? What should be stipulated in the residential property service contract? What is the format of residential property service contract?

First, how to sign a residential property service contract?

general rule

gathering

Client (hereinafter referred to as Party A):

Name: Banhai Mountain Villa Owners Committee

Representative: Zhang Zhiwei, director of the owners' committee.

Contact telephone number:

Trustee (hereinafter referred to as Party B):

Enterprise name: Rizhao Haina Property Management Co., Ltd.

Legal Representative: Gao.

Tel: 06338335237

According to the Property Law, Shandong Property Management Regulations and other relevant laws and regulations, Party A and Party B reached an understanding on the property service of Banhai Mountain Villa on the basis of voluntariness, equality and consensus, and signed this contract.

Article 2 Basic information of real estate

Property type: villa, conjoined house.

Location: North of Shanhaitian Road, Shanhaitian Tourism Resort, Rizhao City.

Covers an area of square meters.

Building area: about 34,000 square meters.

Article 3 The beneficiaries of the services provided by Party B are all owners and users in the property area. All owners and users of the property shall perform this contract and bear corresponding responsibilities.

Entrust management matters

Article 4 Maintenance, conservation and management of the * * * part of this property community.

Article 5. Maintenance, maintenance, operation and management of equipment used in this residential area.

Article 6 Maintenance, conservation and management of public facilities.

Article 7 Maintenance, conservation and management of affiliated buildings, facilities and structures. Including: property management office building, cultural, sports and entertainment venues and facilities, power distribution room, etc.

Eighth public green spaces, flowers and trees in public places, and the maintenance and management of architectural sketches in public places. The green space, flowers and trees in the courtyard can be properly managed according to the requirements of the owner.

Article 9 Public environmental sanitation management. Including public places, site cleaning and garbage collection.

Article 10 assists the public security department in maintaining public order in the community.

Article 1 1 further improves the management of property archives.

Article 12: Do a good job in the management and use of interest and maintenance funds of residential maintenance funds in accordance with the Measures for the Management and Use of Maintenance Funds.

Article 13 The maintenance of the self-occupied parts and equipment of the house may be entrusted to Party B, but all expenses shall be borne by the entrusting party.

Article 14 exhorts the owners and users to stop violating the management regulations, the resolutions of the owners' committee and the relevant provisions on property management.

Term of entrusted management

Article 15 entrusts management for two years. From September, 200 1 year to August, 3 1 year, 2002.

Rights and obligations of both parties

Article 16 Rights and obligations of Party A

(I) Rights of Party A

1. Represent and safeguard the legitimate rights and interests of owners and users;

2. According to the resolution of the owners' meeting, sign a property service contract with the property management enterprise;

3. Supervise the owners and users to abide by the management regulations of Companhia Villa, the resolutions of the owners' assembly and owners' committee and the relevant provisions of property management;

4. Check and supervise the implementation of Party B's property management and system;

5. Review the annual plan, maintenance financial budget and final accounts of property management services proposed by Party B;

6. Consult the property files of this residential area (except the information related to the internal management of the property company);

Raise or continue to raise maintenance funds from the owners, and examine and approve the use of maintenance funds;

8. Supervise the use of public buildings, facilities and equipment, property management office buildings and business premises.

(II) Obligations of Party A

1. Listen to the opinions and suggestions of the owners and users and give them back to Party B in time;

2. Ensure that the owners and users abide by and implement the laws, regulations and normative documents related to property management, abide by the management statute of Companion Sea Villa, the resolutions of the owners' assembly and owners' committee and the residential property management system, and pay the property management service fees and other expenses on time;

3. Assist Party B to carry out property management work, and complete and realize various management objectives of property management;

4. When the owner and user fail to pay the property management service fee according to the regulations, assist Party B in expediting the payment;

5. Assist Party B in developing community culture and community services.

Article 17 Rights and obligations of Party B

(I) Rights of Party B

1. According to the relevant laws, regulations and rules and the relevant provisions of this contract, formulate the implementation plan of property management and implement the management;

2. Prepare the annual management plan, maintenance fund use plan and budget report of property management;

3. Prepare plans for overhaul, medium repair, renewal and transformation of * * * facilities and equipment;

4. Charge the property management service fee according to this contract and the charging license issued by the Municipal Price Bureau;

5. Responsible for property management files;

6. Persuade the owners and users to stop violating the property management regulations and the management regulations of the companion mountain villa;

7. Have the right to choose professional companies to undertake special projects; However, the responsibility for property management shall not be transferred to a third party;

8. Owners and users who decorate houses shall sign a house decoration management agreement with them and manage them in accordance with relevant regulations;

9. Recover unpaid property management service fees from the owners and users according to law.

(II) Obligations of Party B

1. Perform this property service contract and operate according to law;

2. Accept the supervision of the owners' committee and the owners and users; 3. Accept the supervision and guidance of the property administrative department;

4. Do not occupy or change the public facilities of this property without authorization. If it is necessary to expand or improve the supporting projects, it must be approved by Party A and reported to the relevant departments for approval before implementation;

5. When conditions are ripe, regularly announce the maintenance fund and its interest use management to the owner;

6. Provide excellent living and working environment for owners and users, and do a good job in community culture and community service;

7. Stop illegal acts in time and report to the relevant administrative departments of the government;

8. Regularly check the condition of housing facilities and equipment, and eliminate unsafe hidden dangers and dangers in time;

9. When the realty service contract is terminated, the realty service enterprise shall hand over relevant materials, facilities and equipment to Party A in accordance with the regulations on realty management.

Quality and standard of property management service

Article 18 formulates the quality and standard of this property management service according to the relevant regulations of the state, Shandong Province and Rizhao City. Details are as follows:

(a) Housing and equipment management

1. The residential park, building number and number of households are clearly marked, with guidance maps, road signs and signs.

2. Property management personnel have received professional training as required and hold relevant certificates.

3. Further improve the housing files, including filing by building and household, complete equipment drawings and files, and clear equipment account records for easy reference.

(2) * * * facilities management

1. The public service facilities in the residential area are in good condition and used according to the original design purpose.

2. The public lighting facilities are complete and running normally.

3. Keep the roads clear.

4. The sewage is discharged smoothly, and there is no accumulated water in the passage.

5. Dangerous parts are clearly marked.

(3) Greening and maintenance management

Greening shall be maintained and managed by special personnel, and green land, flowers and trees shall be watered, fertilized, exterminated, pruned and cleared of dead leaves regularly.

(4) Environmental sanitation management

1. The sanitary facilities in the residential area are perfect, with garbage bins, trash cans and other cleaning facilities.

2. Roads, public green spaces and public places should be kept clean and tidy.

3. Clean up the road snow in time after the snow; Clean up the sewage in time after rain.

4. The phenomenon of littering, misplacing, pasting and doodling in public places should be stopped or dealt with in time.

5. Discourage the disorderly construction of residential areas in time.

(5) Community order maintenance

1. The community implements a 24-hour patrol system; It is forbidden to leave your post without permission.

2. Dress code, the personnel on duty should be familiar with the situation of the jurisdiction, work norms, responsibility should be assigned to people, photos should be publicized, patrol records should be kept on duty, and various management measures should be implemented.

3. Further improve the monitoring work in the community, the monitoring equipment is in good condition, and the monitoring picture should be kept clear as far as possible; The monitoring data is valid for 7 days without special circumstances. If the improvement, renewal or transformation of facilities and equipment requires the use of maintenance funds, it shall be implemented in accordance with the above relevant provisions.

(6) Fire fighting

1. The fire fighting system is clearly marked and the equipment is in good condition, so it can be started at any time.

2. Equipped with part-time fire management personnel.

(seven) public * * * sports and entertainment venues are only open to community owners and property users in principle.

Property management service fee

19 Property management service fee

(1) According to the reply of Rizhao Price Bureau, Party B charges the owner or property user RMB per square meter per month for the residential house.

(two) when the owners hand over the property, they must pay the property management service fee before the handover.

Article 20. The maintenance and updating costs of the parts, facilities and equipment used in the house shall be implemented according to the relevant national documents.

responsibility for breach of contract

Article 2 1 If Party A violates Party A's obligations as stipulated in Article 16 of this Contract, and Party B fails to achieve the specified management objectives, Party B has the right to ask Party A to solve the problem within a time limit.

Article 22 If Party B violates the stipulations in Chapter V of this contract and fails to manage the property according to the standards stipulated in this contract, Party A has the right to ask Party B to make corrections within a time limit.

Article 23 If Party B violates the agreement in Chapter VI of this contract and raises the charging standard without authorization, Party A has the right to ask Party B to clean it up.

Article 24 If Party B fails to use the maintenance fund according to the regulations and the plan approved by Party A, or uses the interest of the maintenance fund for other purposes, Party A has the right to stop it.

supplementary terms

Article 25 Two months before the expiration of this contract, Party A and Party B shall negotiate on the renewal of this contract.

Article 26 Both parties may supplement the terms of this contract and sign a written supplementary agreement. However, the supplementary agreement must be discussed and approved by the owners' meeting and signed and sealed by both parties before it has legal effect.

Article 27 This contract is made in triplicate. Party A and Party B each hold one copy, and report one copy to the property administrative department for the record, which has the same legal effect.

Article 28 In case of any dispute during the execution of this contract, both parties shall settle it through negotiation. If negotiation fails, mediation can be reported to the property management department. If mediation fails, both parties agree that:

(1) Arbitration by Rizhao Arbitration Commission.

(2) Bring a lawsuit to the people's court.

Article 29 Other agreements:

1. Strengthen the management of construction waste.

2. In order to safeguard the vital interests of the public, the owners and users, in unforeseen circumstances, such as gas leakage, electricity leakage, fire, water pipe rupture, saving lives, assisting the public security organs to perform tasks and other emergencies, or due to natural disasters, force majeure and other factors, both parties will not be responsible for personal injuries and property losses of the owners and users.

Party A (signature): _ _ _ _ _ _ Party B (signature): _ _ _ _ _ _ _

Representative: Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Second, the law stipulates that

Article 937 of the Civil Code is a property service contract in which the property service provider provides property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order to the owners within the property service area, and the owners pay property fees.

Property service providers include property service enterprises and other managers.

Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.

Article 939 The preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

Article 940th Prior to 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 comes into effect, the preliminary realty service contract shall be terminated.

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