Pre-property management service agreement issued by the Ministry of Construction (demonstration text)

Notice of the Ministry of Construction of the People's Republic of China on Printing and Distributing the Agreement on Pre-Property Management Services

The construction committees of all provinces, autonomous regions, and municipalities directly under the Central Government, and the municipal real estate bureaus, plan to list separate municipal construction committees:

In order to regulate the property management market behavior, protect the legitimate rights and interests of the parties in the previous property management activities, and reduce property management disputes, the Ministry of Education has formulated the "Preliminary Property Management Service Agreement", which is now issued to you.

This text applies to property management from the date of sale of the property to the time when the Property Management Contract signed by the Owners' Committee and the property management company becomes effective. During the implementation process, the parties may select and adjust the relevant provisions of the text according to the actual situation.

Parties to this Agreement

Party A: __________

Party B: __________

Party A means: 1. Real estate development unit or its entrusted property management enterprise; 2. Public housing sales unit or its entrusted property management enterprise.

Party B means: the purchaser.

The pre-property management refers to the property management from the date of the sale of the house to the time when the property management contract signed by the owners' committee and the property management company is effective.

Property Name: __________

The sales contract number of the house purchased by Party B: __________

Basic information on the houses purchased by Party B:

Types of__________

Location __________

Building area _______ square meters

In accordance with relevant laws and regulations, on the basis of voluntariness, equality and consensus, when Party B signs the "House Sale Contract", Party A and Party B reach the following agreement on the previous property management services:

Article 1 Rights and obligations of both parties

1. Party A’s rights and obligations

1. Maintenance, repair, service and management of shared parts, shared facilities, greening, environmental sanitation, preservation, transportation and other projects;

2. In accordance with relevant laws and policies, and in light of the actual situation, formulate the property management system and the “Code of Use of the Property” of the property and notify Party B in writing;

3. Establish and improve the property management archives of the property;

4. Stop the violation of the property management system of the property and the Property Use Code;

5. The property management enterprise may entrust a professional company to undertake the special management and service business of the property, but may not transfer the overall management responsibility of the property to a third party;

6. To collect property management fees from Party B in accordance with this Agreement;

7. Preparation of property management services and financial year plans;

8. Announce the income and expenditure account of property management expenses to Party B every ___ months;

9. Inform Party B in advance of the precautions and restrictions on the decoration and decoration of the house, and enter into the "House Decoration Management Agreement" with Party B;

10. Do not occupy the shared parts of the property, share facilities or change the function of the use;

11. Providing Party B with paid services such as self-use parts of the house, maintenance and repair of self-use facilities and equipment;

12. Within 5 days from the termination of this Agreement, the property management enterprise selected by the Owners' Committee shall handle the property management transfer procedures of the property, and the property management transfer procedures shall be confirmed by the Owners' Committee;

13, ____________.

2. Party B’s rights and obligations

1. Participate in the owners' meeting or the owners' congress, and enjoy the right to vote, to be elected and to supervise;

2. Supervise Party A's property management service behavior and provide opinions and suggestions to Party A on issues related to property management;

3. Comply with the property management system of the property and the Property Use Code;

4. Pay property management fees to Party A in accordance with this Agreement;

5. When decorating and decorating houses, comply with the “House Decoration Management Agreement”;

6. Do not occupy or damage the shared parts of the property, share facilities or change the function of the use. If it is necessary to reasonably use the shared parts and shared facilities due to reasons such as relocation, decoration, etc., Party A shall be notified in advance, and the original condition shall be restored within the agreed time limit, causing losses, and compensation shall be paid;

7. When transferring the house, notify Party A in advance to inform the transferee to sign this agreement with Party A;

8. He shall bear civil liability for losses and damages caused by the property management system and the “Code of Practice for Use” of the tenant, the user and the visitor.

9. In accordance with the principles of safety, fairness and reasonableness, correctly handle the adjacent relationship of water supply and drainage, ventilation, lighting, maintenance, traffic, sanitation, environmental protection, etc., and may not infringe the legitimate rights and interests of others;

10. ____________.

Article 2 Property Management Service Contents

1. Maintenance and management of shared parts of houses

The shared part refers to the load-bearing structural part of the main body of the house, the outdoor wall, the foyer, the stairwell, the corridor passage, _______, etc.

2. Maintenance and management of housing shared facilities and equipment

Common facilities and equipment refer to shared water and sewage pipes, downpipes, water tanks, pressurized water pumps, elevators, antennas, power supply lines, communication lines, lighting, boilers, heating lines, gas supply lines, fire-fighting facilities, green spaces, roads, street lamps, Ditches, pools, wells, non-operating garages, public welfare cultural facilities, and houses used for shared facilities, ____, etc.

Third, environmental health

1,____________

2,____________

3. ____________

Fourth, preservation

1. The content assists the public security department in maintaining public order within the property area;

____________

____________2, responsibility

____________

____________

____________ V. Traffic order and vehicle parking

1, content

____________

____________

____________

2, responsibility

____________

____________

____________ Six, house decoration management

See attached file: Agreement on Housing Decoration Management.

Article 3 Quality of Property Management Services

First, the appearance of the house:

1,____________

2,____________

Second, equipment operation:

1,____________

2,____________

3. Maintenance and management of shared parts and shared facilities:

1,____________

2, ____________ Fourth, environmental health:

1,____________

2,____________

5. Greening:

1,____________

2,____________

6. Traffic order and vehicle parking:

1,____________

2,____________

Seven, security:

1,____________

2,____________

Eight, fire prevention:

1,____________

2,____________

9. Minor repairs and emergency repairs of shared parts and shared facilities:

Minor repair

1,____________

2,____________

Urgent repair

1,____________

2,____________

ten,

Article 4 Property Management Service Fees

1. Time for Party B to pay the fee: ________________;

2. The residential building is __________ yuan per square meter per month according to the construction area;

3. Non-residential ________ yuan per square meter per month according to the construction area;

4. For vacant houses due to Party B, the building area shall be ____ yuan per square meter per month;

5. If Party B leases the property, the property management service fee shall be paid by Party B;

6. When Party B transfers the property, it shall pay the property management service fee before the transfer;

7. The property management service fee standard shall be adjusted according to ________;

Eight, each time to pay the fee: ______.

Article 5 Other paid service fees

First, the parking space and its use management service costs:

Motor vehicle 1, __________

2,__________

Non-motor vehicle 1, __________

2,__________

Second, cable TV:

1,__________

2,__________

three,_______________

four,_______________

Article 6 Collection and payment services

Entrusted by the relevant department or unit, Party A may provide water collection, electricity, gas, heat, rent, etc. on behalf of the collection and payment services, the implementation of government fees.

Article 7 Management and use of maintenance funds

1. According to the __________ regulations, the property will establish a maintenance fund for the repair, renewal and renovation of the shared facilities of the shared parts and equipment after the expiration of the warranty period. Party B has paid the maintenance fund ____ yuan to _________ when purchasing the house.

2. The use of the maintenance fund shall be submitted by Party A for the annual use plan and shall be allocated after review by the local property management administrative department.

3. When the maintenance fund is insufficient, it shall be reviewed and approved by the local property management administrative department, and shall be renewed according to the proportion of the building area occupied by Party B.

4. When Party B transfers ownership of the house, the balance maintenance fund will not be refunded and will be transferred at the same time as the ownership of the house.

Fives,__________.

Article 8 Insurance

1. The insurance for the shared parts of the house and the shared facilities and equipment shall be handled by Party A. The insurance costs shall be shared by all the owners according to the proportion of the building area occupied by each of them.

2. Party B's family property and personal safety insurance shall be handled by Party B itself;

three,_____________.

Article 9 Billboard Settings and Rights

One,_____________

two,_____________

three,_____________

Article 10 Other agreed matters

One,_____________

two,_____________

three,_____________

Article 11 Liability for breach of contract

1. Party A violates the agreement and fails to meet the objectives of the management service quality. Party B has the right to request Party A to make corrections within a time limit. If it fails to correct the losses caused to Party B within the time limit, Party A shall bear corresponding legal liabilities;

2. If Party B violates the agreement and Party A fails to meet the agreed objectives of management service quality, Party A has the right to request Party B to make corrections within a time limit. If Party A fails to correct the losses caused to Party A within the time limit, Party B shall bear corresponding legal liabilities;

3. Party A violates the agreement and raises the charging standard or arbitrary charges without authorization. Party B has the right to request Party A to reimburse the fees, refund the interest and pay the liquidated damages;

4. If Party B violates the agreement and fails to pay the relevant fees and charges according to the fees and time stipulated in this Agreement, Party A has the right to request Party B to pay and pay liquidated damages ___ every day from the date of overdue, or _______;

Fives,____________.

Article 12 In order to safeguard the vital interests of the public, the owners and the users, in the event of unforeseen circumstances, such as gas leakage, electric leakage, fire, water pipe rupture, rescue of human life, assistance to the public security organs to perform tasks, etc. If the emergency measures are taken to cause the necessary property losses of Party B, the two parties shall deal with them according to the relevant laws and regulations.

Article 13 During the execution of this Agreement, in case of force majeure, the agreement cannot be fulfilled and the parties shall deal with it in accordance with relevant laws and regulations.

Article 14 The texts filled in the spaces in this Agreement shall have the same effect as the printed words.

Matters not covered in this Agreement are implemented in accordance with relevant national laws, regulations and rules.

Article 15 If there is a dispute in the performance of this Agreement, the two parties shall resolve the dispute or apply to the property management administrative department for mediation; if the negotiation or mediation is invalid, they may apply to the _________ Arbitration Commission for arbitration or the people's court.

Article 16 The original of this Agreement, together with the subsidiary files, shall be ______ pages in duplicate, and each party shall hold one copy with the same legal effect.

Article 17 Before signing this Agreement, Party A has sent the sample of the agreement to ________ for filing.

Article 18 This Agreement shall enter into force on the date of signature.

Party A signature: ____ Party B signature: ____

Representative: _____ Representative: _____

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