Does the property have to sign a contract with the owner?

Property service contract is no stranger to community owners. Contradictions and disputes between residential owners and property management are mainly in property service contracts, so must the property sign a contract with the owners? To find the answer to this question, read this article together, and I will answer it for you below. First, the property must sign a contract with the owner?

Property does not have to sign a contract with the owner. The property company must sign a property contract with the owner:

For projects under development and construction, the developer and the property company shall sign the "Pre-property Management Contract".

For a formal project, if there is only one or several big owners, the owners will directly sign a property service contract with the property management company.

For a formal project with multiple owners, it shall be decided by the owners' meeting, and the owners' committee shall sign a property service contract with the property company.

The property company does not need to sign a property contract with the owner:

If it is residential, usually the property company will not sign a property contract with a specific owner.

Because the services provided by property management companies are mainly public areas and public facilities, no owner can be fully responsible for the clients. Therefore, only developers and industry committees can sign property contracts with property companies.

Developers and industry committees represent all owners in the contract. Therefore, although there is no contract with specific owners, the property company must also perform the contract and assume management responsibilities; Similarly, owners must also abide by the obligation to pay property fees.

Second, what is a property service contract?

Property management contract is a kind of nameless contract, which mainly regulates the rights and obligations of both parties in the property management relationship for the management of a specific property. The emergence of a large number of property management contracts is the inevitable product of China's housing reform and real estate development. However, on the one hand, there are more and more property management relationships in life, and a large number of property management contracts appear. On the other hand, theoretical circles and current legislation do not have enough understanding and systematic provisions on the particularity of property management contracts, which directly leads to the emergence and difficulty in solving a large number of property management disputes in real life. This paper analyzes the attributes of property management contract, distinguishes it from similar systems in civil law, and puts forward its own views on the legal regulation of property management contract in order to attract the attention of theoretical and practical circles.

Three, what problems should be paid attention to when signing a property management contract?

The following matters should be paid attention to when signing a property service contract:

1. Define the content, scope and duration of entrusted property services.

In the service contract, it must be clear whether the property company manages all the property work of the community or is only responsible for a certain service content. If the agreement is not clear, it will bring a lot of unnecessary trouble.

2. In addition to the rights of the owners' committee stipulated in the Property Management Regulations, other rights should also be more specifically stipulated in the service contract.

3, clear the rights and obligations of the property company.

Based on the principle of equal rights and obligations, while giving the property company the right to manage the daily affairs of the whole community, it is also necessary to clarify the obligations undertaken by the property company and clarify the responsibilities as much as possible. For example, if the owner's goods are stolen due to dereliction of duty, the property company shall be liable for compensation; When using property fees, property companies must have clear records and disclose their accounts to the owners' committee.

4. Agreement on liability for breach of contract.

In the service contract, it should be clear that the property company should bear the liability for breach of contract if it violates the agreement. The agreed responsibilities should be practical and operable, and cannot be agreed into some big and empty laws and regulations.