Property service contract

[Legal Education Network] Property Service Contract

Chapter I General Provisions

Article 1 Party of this contract

Client Name: Owners Conference

Trustee: Name:

Property Management Qualification Certificate Number:

In accordance with relevant laws and regulations, on the basis of voluntariness, equality and consensus, Party A shall elect Party B to provide property management services and enter into this contract.

Article 2 Basic Conditions of Property Management Area Property Name: Property Use: Location: Four to: Area: Total Building Area: The scope and composition of the entrusted management of the property can be found in Attachment File 1.

Chapter II Contents of Property Services Article 3 The project of property management services shall be formulated and organized for implementation; the engineering drawings related to the property, the user files and the completion acceptance materials shall be managed;

Article 4 The daily maintenance, maintenance and management of the shared parts of the building shall include: floor coverings, roofs, exterior walls, load-bearing walls, stairwells, corridor passages.

Article 5 The daily maintenance, maintenance and management of shared facilities and equipment, including shared water and sewage pipes and shared lighting.

Article 6 The daily maintenance and management of shared facilities and ancillary buildings and structures, including roads, septic tanks, pump houses, bicycle sheds.

Article 7 Greening conservation and management in public areas.

Article 8 Public environmental sanitation, including the cleanliness of shared parts of houses, the sanitation of public places, and the collection of garbage.

Article 9 Maintenance of public order, including gate service and inspections within the property area.

Article 10 Maintain the order of vehicles in the property area and manage the parking of vehicles.

Article 11 Fire management services, including the maintenance and management of fire facilities and equipment in public areas.

Article 12 The operation and daily maintenance management of elevators and pumps.

Article 13: Housing decoration and decoration management services.

Article 14 Other Entrusted Matters;

Chapter III Quality of Property Services Article 15 The quality of property services provided by Party B shall be implemented in accordance with the following items: 1. Implementing the standards set forth in the “Beijing Residential Property Management Service Standards” issued by the Beijing Municipal Bureau of Land Resources and Housing, ie General commodity residential property management service standards;

2. Implement the Standard 2 of the “Beijing Residential Property Management Service Standards” promulgated by the Beijing Municipal Bureau of Land Resources and Housing Management, namely, the economical and applicable housing, direct management and self-managed public housing, and the renovation and management of the dilapidated houses.

3. Execute the quality service requirements agreed by both parties, specifically:

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Chapter IV Property Service Expenses Article 16 The property service fee shall be subject to the government guidance price.

1. The property service fee shall be RMB/square meter by Party B. The monthly fee is charged to the owner.

Among them, the elevator and water pump operation and maintenance cost price is:; according to the proportion of building construction area.

2. If the guidance price issued by the government is adjusted, the above price will be adjusted accordingly.

3. The shared parts, shared facilities and equipment and public liability insurance fees shall be apportioned according to the proportion of the building's construction area according to the insurance policy signed by Party B and the insurance company and the annual insurance premium paid. When Party B charges, the insurance policy and insurance premium invoice should be publicized.

Article 17 The property service fees shall be subject to market adjustment prices.

1. The property service fee shall be RMB/square meter by Party B. The monthly fee is charged to the owner.

Among them, the elevator and water pump operation and maintenance cost price is:; according to the proportion of building construction area.

2. Property service expenditure includes the following parts: salary of management service personnel, social insurance and welfare expenses according to regulations; daily operation and maintenance expenses of shared parts of the property, shared facilities and equipment; cleaning and sanitation expenses of property management area; property management area Greening maintenance costs; property management regional order maintenance costs; office expenses; property management enterprises fixed assets depreciation; property sharing parts, shared facilities and equipment and public liability insurance costs; other expenses:;

3. If the property service fee needs to be adjusted, it shall be determined by both parties through negotiation.

4. The percentage of the pre-paid property service fee is taken as the remuneration of Party B.

5. If there is any savings in the property service fee, it will be transferred to the total amount of property service fees for the next year; if the property service fee is insufficient, Party B shall inform Party A in advance and inform the amount of the insufficient property service fee, the reason and the proposed supplementary plan. Party A shall review and make decisions on the proposal submitted by Party B within a reasonable time limit.

6. Both parties agree to hire/not hire professional institutions to audit the annual budget and final accounts of property service funds and the income and expenditure of property service funds; the fees for hiring professional institutions shall be borne by all the owners, and the professional institutions shall be selected by both parties.

Article 18 The expenses for large, medium repair and renovation of shared facilities and equipment for shared parts shall be paid out of special maintenance funds.

Article 19 The parking fee shall be charged by Party B to the user of the parking space according to the following criteria: 1. Open-air parking space: 2. Garage parking space: wherein the property management service fee is: Garage parking space: 3. 4. Article 20 Party B to the owner The cost of self-use parts, self-use equipment maintenance and other special services shall be separately collected. The price charged by Party B for the owner's own use of parts, maintenance and maintenance of self-use equipment and other special services shall be publicized in the property management area.

Chapter V Rights and Obligations of the Parties Article 21 Party A's Rights and Obligations 1. Examine the work plan for property management services formulated by Party B; 2. Inspect and supervise the implementation of Party B's management work; 3. Determine the sharing of shared parts in accordance with the provisions of laws and regulations. Management of the use of special maintenance funds for facilities and equipment; 4. Reviewing the financial budget and final accounts proposed by Party B; 5. Party A shall hand over or organize the transfer of the following materials to Party B within the day of the effective date of the contract: completed master plan, single building, structure Completion and acceptance data such as equipment completion drawings, supporting facilities, and underground pipe network project completion drawings; technical materials such as installation, use and maintenance of facilities and equipment; property quality warranty files and property use description files; acceptance data of various professional departments; Property ownership information of supporting facilities; other materials necessary for property management.

6. Within the day of the effective date of the contract, provide Party B with a square meter of construction area for property management, and management space:

The management room is used as follows: Party B uses it for free;

7. When the owner and the user fail to pay the property service fee as required, they are urged to pay it.

8. Coordinate and deal with the remaining issues that occurred before the entry into force of this contract:;

9. Assist Party B to do property management in the property management area.

10. Other:

Article 22 Party A's Owners' Committee, as the executing agency, has the following rights and obligations: 1. During the period when the Owners' Congress is not in session, the Owner's Assembly authorized to act on behalf of the Owners' General Assembly to exercise the rights under this contract and perform the obligations stipulated in this contract;

2. Supervise and assist Party B to perform the property service contract; 3. Organize the handover and acceptance of the property; 4. Supervise all owners to abide by the Owners' Convention, the Rules of the Owners' Meeting and the property management rules and regulations; 5. Supervise the violation of the property service contract Owners who fail to pay property service fees within the time limit pay property service fees within a time limit; 6. Report the implementation of property management to the owners' meeting; 7. Others:

Article 23 Party B's Rights and Obligations 1. Provide property management services within the property area in accordance with Party A's authorization and relevant laws, regulations and this contract; 2. Have the right to request Party A, the owners' committee, the owners and the property The user cooperates with Party B's management service behavior; 3. Charges the property service fee to the owner and the property user; 4. The owner and the property user violate the Owners' Convention and the property management system, and have the right to discourage according to the seriousness of the case. , stop, and other measures; 5. Select a franchise company to undertake the special management business of the property, but may not entrust the overall management of the property to a third party; 6. Report the implementation of the property management service to Party A every year; The party or all the owners announce the annual budget and final accounts of the property service funds and announce the income and expenditure of the property service funds at least once a year; when Party A or the owner raises questions about the announced annual budget and final accounts of the property service funds and the income and expenditure of the property service funds Timely, you should reply in time.

8. When the contract is terminated, the property management right shall be transferred, the property shall be withdrawn, Party A shall be assisted in the handover and after-care work of the property service, and all the archives and special maintenance of the management house and property management shall be handed over or cooperated with Party A. Funds and accounts, .

9. Other:

Chapter VI Term of the Contract Article 24 The period of entrusted management shall be the year; from the date of the year to the day of the year.

Chapter VII Agreement on the Dissolution and Termination of the Contract Article 25 If the contract expires and Party A decides not to entrust Party B, Party B shall notify Party B in writing three months in advance; if Party B decides not to accept the commission, it shall be written three months in advance. Notify Party A.

Article 26 Upon the expiration of this contract, Party A shall not notify Party B of the re-appointment or dismissal of Party B's opinions, and has not selected a new property management enterprise. If Party B continues to manage, it shall be deemed that this contract is automatically extended.

Article 27 After the termination of this contract, Party B shall continue to provide property management services to Party A at the request of Party A before the new property management enterprise takes over the property project. Party A shall also continue to pay the corresponding property services. cost.

Article 28 Other terms.

Chapter VIII Liability for Breach of Contracts Article 29 If Party B fails to provide the agreed services due to Party B's breach of contract, Party B has the right to request Party A to resolve within a certain period of time. If the overdue settlement is unresolved and the breach of contract is serious, Party B has the right to terminate the contract. If Party B causes economic losses, Party A shall give Party B financial compensation.

Article 30 If Party B fails to provide services in accordance with the contract, Party A has the right to request Party B to rectify within a time limit. If it fails to rectify within the time limit and is in serious breach of contract, Party A shall have the right to terminate the contract after passing the owner's meeting with more than two-thirds of the voting rights. . Party B shall give Party A financial compensation for the economic losses caused by Party A.

Article 31 If Party B violates the provisions of this contract and raises the charging standard without authorization, Party A has the right to request Party B to retreat; Party B shall give Party A financial compensation for the economic loss caused by Party A.

Article 32 If the owner fails to pay the property service fee within the time limit, Party B may, within the period of overdue, increase the penalty for the daily payment of the fee payable.

Article 33 If any party cancels the contract in advance without justified reasons, it shall pay the liquidated damages _________ to the other party; if the economic losses caused by the termination of the contract exceed the liquidated damages, compensation shall also be paid.

Article 34 After the termination of the contract, Party B shall not transfer the property management right, withdraw the property and hand over the management house and related archives, etc., and shall pay Party A the average annual property management fee within the entrustment period. If _________‰’s liquidated damages result in economic losses exceeding the liquidated damages, compensation shall be paid.

Article 35 In order to safeguard the vital interests of the public, the owners and the property users, in the event of unforeseen circumstances, such as gas leakage, electric leakage, fire, water pipe rupture, rescue of human life, assistance to public security organs to perform tasks, etc. If the emergency hedging measures result in property losses, the parties shall deal with them in accordance with relevant laws and regulations.

Article 36 Other articles

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Chapter IX Supplementary Provisions Article 37 The parties agree to take over the acceptance and acceptance procedures in accordance with the management matters entrusted by Party A within _________ days from the effective date of this contract.

Article 38 The original of this contract, together with the _________ page of the subsidiary file, shall be in duplicate, and each party shall hold one copy with the same legal effect.

Article 39 If there is a dispute in the performance of this contract, the two parties shall resolve it by negotiation. If the negotiation fails, Party A and Party B agree to resolve the problem according to the following _________.

1. Submit to the _________ Arbitration Commission for arbitration; 2. Prosecute to the People's Court in accordance with the law.

However, if the landlord defaults on the property service fee, Party B may directly apply for a payment order to the grassroots people's court with jurisdiction in accordance with relevant regulations.

Article 40 This contract shall come into effect.

Party A signed the signature of Party B

Representative: Representative

Year, month, day, month, day

Subsidiary File 1: The scope and composition of the property under entrusted management