Property entrusted management contract (for residential areas)
Party A: ____ Residential Area Owners Management Committee
Party B: ____ Property Management Company
In order to strengthen the management of ____ residential area animal husbandry, guarantee the normal use rights of houses and public facilities in the area, create a beautiful, clean, safe, convenient, comfortable and civilized living environment for the owners. According to the Shenzhen Special Economic Zone Residential Area Property Management Regulations 》 and its supporting implementation rules and the relevant provisions of the municipal government, after full consultation between the two parties, agreed to sign this beckoning management contract for mutual compliance. The contract is written as follows:
First, beckoning management scope and content
Party A will entrust the property within the ____ residential area of ____ District ____ Road to Party B to implement unified management, comprehensive services, contract management and self-financing.
Management matters include:
1. The use, maintenance and maintenance of the house;
2. Use, maintenance, maintenance and management of public facilities, equipment and places in the district [firefighting, elevators, mechanical and electrical equipment, street lamps, companies, bicycle houses, landscaping, ditches, canals, pools, wells, roads, parking lots, etc.] ;
3. Clean and hygienic;
4. Public life order;
5. Recreational venues;
6. Convenient service outlets and all business premises in the residential area;
7. The vehicle is driving and parked;
8. Residential area file management;
9. The policy stipulates other matters managed by the property management company.
Second, the principle of entrusted management
Focusing on social and environmental benefits, supplemented by economic benefits and mutual promotion, it reflects the principle of providing quality service and responsibility, rights and interests.
Third, the entrusted management period determines management objectives, economic instructions, and implements risk-collateral economic contracting responsibilities.
Fourth, the entrusted management period
The entrusted management period is ____ years, from ____________________ to ____________________
5. Responsibilities, rights and obligations of both parties
1. Entrusting Party B to implement property management in accordance with the regulations of the residential area and this contract;
2. Supervise Party B's reasonable use of the special fund for public facilities, and pay it to Party B according to the management method of the special fund for public facilities;
3. Providing commercial housing ____ square meters to Party B according to the ratio prescribed by the municipal government, renting and renting according to the rent standard of commercial housing, and responsible for handling the use procedures;
4. Provide Party B with a management space of ____ square meters, and rent it according to the rent of the micro-profit house;
5. Responsible for providing Party B with a set of completion data for the construction of the residential area and returning it when Party B's management expires;
6. Do not interfere with the management and business activities carried out by Party B in accordance with the provisions of this contract;
7. To supervise and inspect the management of Party B, and evaluate it once every six months. If there is a major economic loss caused by poor management of Party B, the right to terminate the contract;
8. Responsible for determining the charging standard for the management service fee of this residential area;
9. Entrust Party B to deal with violations of residential area regulations and residential area rules and owners' conventions: including fines, ordering for work stoppages, and ordering compensation for economic losses, so as not to pay the relevant fees or refuse to correct the violations due to measures such as water collection and power cuts. Responsibility for the conduct of the act;
10. Assist Party B in publicity and education, cultural activities and property management;
11. The policy stipulates other responsibilities assumed by Party A.
Party B's responsibilities, rights and obligations
1. According to relevant laws and regulations, combined with the actual situation, formulate the property management measures for this residential area;
2. Comply with the responsibility requirements of various management regulations and contracts, and implement comprehensive management of the residential property in accordance with the authorization of Party A, ensure the realization of management objectives, economic indicators, and assume corresponding responsibilities, and consciously accept Party A's inspection and supervision;
3. According to the needs of large and medium-sized repairs in residential areas, formulate maintenance plans, and report the maintenance funds required for the birds from the public facilities-specific funds after the approval of Party A;
4. Accept Party A's supervision and report on the financial accounts in the course of operation and management, and submit a financial statement to Party A and the district residential management department every month, and publish a management fee income and expenditure account every three months. Project
5. The public facilities in the residential area shall not occupy and change their functions of use without authorization. If Party B rebuilds and completes the supporting projects in the residential area, it shall report to Party A and relevant departments for approval before implementation;
6. Party B shall set up a management office in this residential area on the principle of commercial efficiency and skill;
7. Establish the property management file of the residential area and be responsible for timely recording the relevant changes;
8. Responsible for measuring the charging standard for residential area management service fees and providing the measurement standards and basis to Party A; strictly in accordance with the charging standards reviewed and approved by Party A, and may not increase the price without authorization. Pay a 50% commercial housing rent to the district housing management department every three months as a recycling of the utility-only fund;
9. Have the right to deal with violations of the owners' conventions and residential area management regulations and policies in accordance with the provisions of Party A's entrustment and owners' conventions;
10. Hand over all special housing and related property, all animal husbandry management files and related materials to Party A at the end of the management period;
11. Carry out effective community cultural activities and convenience service work;
12. Have the right to choose a franchise company to undertake the special business of residential property management and pay the fees, but not transfer the overall responsibility and benefits of residential property management to other people or units.
6. Management objectives and economic indicators
The various management indicators implement the “Shenzhen Special Economic Zone Residential Area Property Management Standards” and the standards stipulated by the municipal and district residential management departments, and require the residential areas to meet the ____ standard within ____ years after the takeover of Party B.
Ensuring that the annual fee indicators are ____10,000 yuan and the reasonable expenditure is ____ million yuan, only ____% of the management fees collected can be used as operating income.
Seven, risk mortgage
Party B shall pay Party A a one-time payment of RMB ____ yuan as a risk deposit within three days from the date of signing the contract;
Party B's management objectives and economic indicators as stipulated in the contract, Party A shall also pay all the mortgage and bank demand deposit interest within three days after the expiration of the contract;
If Party A fails to perform due to Party A’s fault, Party A shall double the mortgage and compensate Party B’s economic losses;
If Party B fails to perform the contract due to Party B's fault, Party B has no right to request a repayment of the mortgage, and shall compensate Party A for economic losses.
Eight, reward and punishment measures
On the premise that all management objectives and economic indicators are fully completed, if the management expenses are saved, Party A shall reward Party B with a balance of ____%.
If the residential area is rated as a national, provincial, and municipal civilized residential community, Party A shall reward Party B with RMB ____ yuan, ____ yuan, and ____ yuan respectively; and obtain a single-level award from the higher-level department or a bonus for the relevant honor; if during the management of Party B If the title of the civilized community obtained by Party B is cancelled by the superior department, Party B shall return all the above bonuses and interest on the bank demand deposit.
If Party A does not complete the contractual liability that should be borne, thereby affecting Party B’s contract management objectives and economic indicators, or causing direct economic losses to Party B, Party A shall give or assume corresponding responsibilities;
If Party B fails to complete the contractual obligations or management objectives and economic indicators, Party A shall instruct the party to make corrections within a time limit. If the circumstances are serious, a fine of RMB ____ to ____ yuan shall be imposed until the contract is terminated, and the economic losses shall be borne by Party B;
If Party B manages misconduct or major mistakes, causing economic losses or serious inconvenience to the residents, it shall compensate Party A or the owners and users for economic losses.
9. Contract changes, additions and terminations
The terms of this contract may be revised or supplemented by mutual agreement, whichever is in writing;
Upon the expiration of the management of the contract, this contract is naturally terminated. If the parties wish to renew the contract, they must submit written comments to the other party six months before the expiration;
After the termination of the contract, Party B may participate in Party B's management bidding and prioritize contracting under the same conditions, except for the cancellation of priority contracting qualifications according to the regulations of the residential area and the rules of the residential area.
X. Other matters
During the execution of this contract, in the event of an irresistible natural disaster, this contract shall become effective as of the date of signing, and the effective part of the contract, 1, 2, 3, 4, ____, ____ contract.
The original of this contract is in triplicate. Party A and Party B and the district residential management department each hold one copy with the same legal effect.
If the parties have disputes over the contract and fail to reach a negotiation, they shall submit it to the municipal residential department or the district administrative department for mediation, or the Shenzhen Intermediate People's Court.
person A person B:
Representative: Representative:
Time: year month day
Attached:
Residential area owners convention
In order to strengthen the management of various types of properties in residential areas, ensure the safe and reasonable use of the properties in the residential areas, maintain the public order of the residential areas, create a good living environment, agree to sign this Convention and abide by them.
I. The situation of this residential area
1. Location ____ District ____ Road;
2. Total floor area: ____ square meters;
3. Total construction area: ____ square meters, of which: residential ____ square meters, non-residential ____ square meters;
4. ____ sets of buildings ____ buildings; of which: ____ sets of ____ buildings in high-rise buildings and ____ sets of _ buildings in multi-storey buildings;
5. Number of owners: ____;
6. Management Committee property:
Utility-only fund; ____ yuan;
Property management housing ____ square meters, including: management committee ____ square meters, property management company ____ square meters;
Commercial space ____ square meters;
other;
7. Status of public facilities and public places:
Road: 3.7 square meters of roadway; sidewalk ____ square meters;
Landscaping area: ____ square meters;
Educational facilities: Middle School ____, construction area ____ square meters; National Small ____ Institute, construction area ____ square meters; Kindergarten ____, construction area ____ square meters;
Cultural and sports facilities: ____ cultural activities center, construction area ____ square meters; ____ tennis courts, ____ square meters; ____ yards, ____ square meters; swimming pool ____, building area ____ square meters; children ____ of the playground, covering an area of ____ square meters;
other:
a,
b,
c, c,
Street light ____ 盏; garden lamp ____ 盏; other lights:
a,
b,
____ sewage inspection wells, sewage pipe ____ meters; rainwater inspection wells ____ rainwater pipes ____ meters; septic tanks ____ seats; Minggou ____ meters; dark trenches ____ meters;
Fire pump head interface ____;
____ parking lot, with a total area of ____ square meters and ____ parking spaces;
Comprehensive building ____, construction area ____ square meters, of which: a, b,
____ meat market, construction area ____ square meters;
____ post office, construction area ____ square meters;
Theater ____ seat, construction area ____ square meters;
Hospital ____ seat, construction area ____ square meters;
other:
All public facilities and public places above
Second, the way the owners' meeting convened and decided on major issues in the residential area
1. Convening of the owners' meeting:
When the first owner's meeting is delivered and the occupancy rate reaches 50% or more, the district residential department will convene together with the development and construction unit or its entrusted property management company in accordance with legal procedures and forms, first to produce the management committee.
A. The district housing management department will take the lead with the development and construction unit or its entrusted property management company to form the owners' meeting committee. The preparatory committee may invite the municipal housing authorities and other relevant departments and units to participate;
B. The Preparatory Committee, in accordance with the relevant regulations, proposes a list of candidates for the management committee after fully seeking the opinions of the owners, and prepares the agenda, materials preparation, etc.
C. The Preparatory Committee announces the date, place, content, mode of the taxi meeting held 14 days before the owners' meeting, and the list of candidates for the Preparatory Committee.
D. The director of the Preparatory Committee will preside over the owners' meeting according to the prescribed procedures, and select the first preparatory committee to complete the agenda of the conference;
E. After the first session of the Preparatory Committee, it shall be approved and registered by the municipal government registration department, and exercise various rights according to law;
F. All the registered owners who have the right to vote in the residential area shall, at the request of the Preparatory Committee, attend the owners' meeting on time, participate in the voting, exercise their statutory rights and assume statutory responsibilities;
G. Each owner understands that if he does not attend the owners' meeting and participates in the voting form, he will bear all the consequences arising therefrom.
After the establishment of the management committee, it is responsible for convening the subsequent owners' meeting, and each meeting at least once.
Upon the proposal of the owner holding more than 10% of the drafting rights, the management committee shall open the owners' meeting for the specified purpose within 14 days after receiving the proposal.
The management committee shall announce the venue, time, content, methods and other matters of the meeting seven days before the opening of the owners' meeting. The owners' meeting shall be presided over by the director of the management committee. If the director of the management committee is absent, the deputy director of the management committee will preside.
2. The owner's meeting must have the owner who has more than 50% of the voting rights of the owner who has checked in to be able to hold the decision of the owner who has more than 50% of the voting rights of the owner who has already checked in, and may postpone the meeting of the owners.
3. When the number of attendees at the owners' meeting reaches a quorum, all matters at the meeting are voted by the owners attending the meeting and passed by more than half. Voting may be by written vote or other form. In the event of an equal number of votes, the moderator of the meeting may vote for one vote in addition to one vote.
4. The General Assembly voted to implement one-to-one ticket for residential houses; the construction area of the first 100 square meters of non-residential houses of 100 square meters or more is one vote, and the number of non-residential houses with real estate rights certificates of less than 100 square meters per ticket .
5. At the owners' meeting, the owner shall vote in person or by a representative. To entrust a representative to vote, an authorization letter must be issued to the management committee one day before the meeting or within the time approved by the director of the management committee. Otherwise, the entrustment is invalid. The power of attorney must be signed by the owner. If the owner is a legal person, the official seal of the legal person shall be attached.
6. The owner may choose one or several buildings as the unit, select the chief of the building, act as the common representative of the elected person, participate in the owners' meeting, and exercise the owner's other property management rights.
Third, the rights and obligations of the owners
Owner's rights
1. Enjoy the rights to the property owned by the property in accordance with the law;
2. The right to use the public facilities of the house and the public facilities and public places in the residential area in accordance with the law;
3. Have the right to carry out interior decoration, repair and renovation within the permitted scope in accordance with relevant regulations;
4. Have the right to carry out legal maintenance and repair of various pipes, wires, water tanks and other facilities for the self-use parts of the house by themselves or by hiring others;
5. Organic according to the wall of the house, stairwell, passage, roof, sewage pipe, public water tank, pressurized water pump, elevator, mechanical and electrical equipment, public antennas and fire-fighting facilities, etc. Organize maintenance and repair, and the expenses are paid from the residential maintenance fund;
6. It is recommended to recommend property management companies according to the conditions of residential roads, street lamps, ditches, canals, pools, wells, landscaping, cultural and recreational sports facilities, parking lots, corridors, bicycles, etc. to the public facilities and public places in residential areas. Timely maintenance and repair, the cost of which is paid out of the management service fee;
7. Organic requirements The property management company shall stop and correct the illegal construction in the residential area, illegal decoration and other acts in violation of the property management regulations;
8. Have the right to participate in the owners' meeting and have the right to vote on various management decisions in the residential area;
9. Have the right to ask questions about the management committee of the residential property management and the management company, and get a reply within three days;
10. Have the right to request the management committee and the property management company to regularly announce the income and expenditure account of the residential property management in accordance with the deadline set by the municipal government;
11. Have the right to make suggestions, opinions or criticisms on the management of animal husbandry in residential areas, and rightly ask the management committee to intervene or punish the violations of the property management company or have the prescribed behaviors;
12. Have the right to request the management committee to meet the owners' meeting on a certain topic with other owners;
13. Have the right to submit opinions and suggestions on the property management of the residential area to the municipal residential department and the district residential management department;
14. The right to request other maintenance personnel in the adjacent part to undertake the maintenance responsibility. If the other party does not repair, the property management company is required to repair and maintain it on its behalf, and the maintenance cost shall be shared according to the regulations.
Owner's obligations
1. When using, operating or transferring the property under its name, comply with relevant laws, regulations and policies;
2. When using residential property, the following rules should be observed:
The structure, appearance and use of the house shall not be changed without the approval of the relevant department of the municipal government;
It is forbidden to cut, dismantle, take up or occupy the load-bearing walls, beams, columns, slabs, balconies, roofs, roofs and passages inside and outside the house;
Do not stack flammable, explosive, highly toxic, radioactive, etc., but use self-use fuels;
Do not use the house to engage in activities that endanger the public interest;
Do not infringe on the legitimate rights and interests of others.
3. If the owner needs to renovate his house, he must abide by the “Shenzhen Residential Decoration Management Regulations” and fill in the decoration application form, report to the property management company for approval before construction, accept the management and supervision of the property management company;
4. The interior part of the house, as well as the power supply, water supply, gas supply and other parts of the household and the front of the table to the first valve part of the user responsible for maintenance;
5. Where the house and ancillary facilities affect the city's appearance or may endanger the safety and public safety of the adjoining house, the owner shall repair it in time or jointly. If the refusal to repair is carried out, the management committee shall authorize the property management company to repair it, and the expenses shall be borne by the owner;
6. The owner shall consciously maintain the cleanliness, beauty, smoothness and public facilities of the public place. No building or stacking, hanging, abandoning or garbage shall be built in any public place. The power supply and water supply shall not be damaged, demolished or modified. Public equipment such as gas supply, communication, transportation, drainage, sewage, fire protection;
7. The following acts must not be carried out in residential areas:
Trampling and occupying green areas;
Occupying common facilities such as stairwells, passages, roofs, platforms, roads, parking lots, bicycles, etc., affecting their normal use functions;
Littering and sundries;
Influencing the appearance of the city, chaos, chaos, and hangs;
Damaged, painted garden art sculptures;
Gathering in the crowd;
Park your car and honk at will;
Issue noise exceeding the required standard;
Discharge of toxic and hazardous substances;
Operating forging, sawmilling, architectural paints, dangerous goods, funeral industry, and the use of residential dance hall guest houses and other industries that endanger public interests or affect the normal life of the owners;
Preventing the legal use of public facilities and public places by others;
Other acts prohibited by laws, regulations, and municipal regulations.
8. Whether the relevant provisions of the owner's convention for inspection, maintenance, maintenance or inspection of the owner's conventions are carried out within a reasonable time after the production of a work permit or relevant certificates by the personnel of the residential property management company within a reasonable time. The patrol behavior, the owner shall provide convenience and shall not refuse or obstruct;
9. Pay the management service fee and residential maintenance fund payable as required;
10. The owner shall comply with the following city management regulations and regulations, and promise to accept the management and punishment of the management committee or the property management company:
Shenzhen Special Economic Zone residential area animal husbandry management regulations and its implementation rules;
Shenzhen Public Health Regulations;
Shenzhen City Landscaping Management Regulations;
Interim Provisions on the Management of Environmental Noise in Shenzhen City;
Shenzhen Special Economic Zone Housing Leasing Management Regulations;
Interim Provisions on Fire Management in Shenzhen City;
Notice of the Shenzhen Municipal People's Government on prohibiting the raising of poultry and livestock in the urban area;
Notice of the Shenzhen Municipal People's Government on Prohibiting the Sale of Fireworks and Firecrackers in the Special Zone;
Shenzhen residential decoration management regulations;
Other laws, regulations and policies governing the management of residential areas.
11. The Owner shall promise to inform the other party and require the other party to abide by the provisions on the management of the residential animal husbandry and the relevant provisions of the Owner's Convention when establishing legal relationships with other non-primary users for legal use, repair and alteration.
Fourth, the fees payable by the owners
1. The owner shall pay the management service fee to the company management company on a monthly basis. The standard for managing service fees is: the development and construction unit shall, within the management period of the property management company or the property management company, implement the charging standards approved by the municipal price department and the municipal residential department; after the establishment of the management committee, it shall be formulated according to the actual conditions of the residential area. And submitted to the owners' meeting after the implementation. The use of management service fees: management, maintenance and maintenance of public facilities and public places such as passages, street lamps, ditches, pools, wells, landscaping, cultural and entertainment stadiums, parking lots, corridors, bicycle houses in residential areas.
2. The owner should pay the residential maintenance fund to the property management company on a monthly basis. The standard for residential maintenance funds is: 0.5 yuan / square meter. The property management company shall set up maintenance and maintenance of public housing facilities such as special charge escrow, public water tanks, pressure water pumps, elevators, electromechanical equipment, public antennas and fire-fighting facilities.
3. If the owner conducts indoor decoration, he/she should pay the decoration deposit according to the relevant regulations when applying for the application. After the decoration is completed, the property management company will check it. If there is no violation, it will be returned, otherwise it will not be returned.
4. If the owner asks the property management company to repair and maintain the relevant facilities and equipment for its own use and adjacent parts, the relevant fees shall be paid.
5. When the owner uses the public facilities and public places such as cultural entertainment sports facilities and parking lots that are used for compensation in the residential area, the owner shall pay the fees as required.
V. Liability for breach of contract
1. In violation of the provisions of paragraphs 2, 6 and 7 of the Owner's Obligations, the property management company has the right to stop it and request correction within a time limit; if it fails to make corrections within the time limit, it may be forced to resume, including the use of water cuts, power cuts, gas cuts, etc. Measures; if the loss is caused, the right to claim compensation.
2. The owner carries out interior decoration, such as violating the "Shenzhen City Housing Decoration Management Regulations", according to the relevant provisions.
3. If the landlord delays payment of the management service fee, residential maintenance fund and related compensation, fines and other expenses, it shall be subject to a late payment fee of three thousandths per day; if there is no justifiable reason for not paying more than three months, property management The company took measures such as stopping water, power cuts, and stopping gas.
4. The owner unreasonably refuses to obstruct the property management company's inspection, maintenance, maintenance and other normal management activities on the public facilities of the building and the public places and public facilities in the area.
Sixth, other matters
1. The owner's convention was printed by the previous property management unit after filling out the first article “The situation of the residential area”, and the organization has already signed the owner's signing after the occupancy rate of the residential area reaches 30%.
2. The owner's convention has been signed into effect by the owner who has held more than half of the voting rights of the owner. The owners' conventions in force are binding on all owners and non-owners of the residential area.
3. The owners' meeting may modify and supplement the owner's convention according to the actual situation of the residential area, and report it to the municipal residential department and the district residential management department for the record. The revised supplementary clause shall take effect from the date of adoption by the owners' general meeting and shall not be re-signed by the owner.
The amendments to the supplementary provisions shall not be inconsistent with the laws, regulations and relevant policy provisions, otherwise the district housing management department has the right to correct or revoke them.
4. This owner's convention is in duplicate, and the owner and the property management company each hold one copy.
Owner: Property Management Company:
Signing time: Representative:
contact address:
contact number:
Name of the property: residential: ____ building ____ room
Commercial user ____ building ____ room
other:
Attached:
Residential Area Owners Management Committee Charter
Chapter I General
The first ____ residential area management committee is a society based on the "Regulations on the Property Management of Shenzhen Economic Zone Residential Areas and the Implementation Rules of the Shenzhen Special Economic Zone Residential Areas Property Management Regulations", which represents the legal rights of all owners of the residential area. The group obtains the legal status of a social group after being approved by the municipal government association registration department for corruption. The legitimate rights and interests of this management committee are protected by national laws.
Article 2 The Management Committee accepts the leadership of the Audit Administration Department, the municipal residential department and the district residential management door, and implements the national, provincial and municipal laws and regulations on property management.
Article 3 The management committee represents the legitimate rights and interests of all the owners of the residential area, and uses science, sponsors and legal management means to ensure the reasonable accommodation of the residential area, maintain the public order of the residential area, and create a clean, beautiful and safe Comfortable and civilized living environment.
Chapter II Generation and Authority of the Management Committee
Article 4 The Administrative Committee shall be elected from the election of the owners' congress of the residential area, responsible for and report to the owners' congress, and accept the supervision of the owners' congress and the municipal and district residential management departments.
The first management committee was formed: the district residential management department, together with the development and construction unit or the entrusted property management company, formed a preparatory committee, proposed a list of candidates for the management committee, and submitted the election of the first owners' meeting.
Article 5 The management committee shall have members __name, including one director, deputy director __name, executive secretary_name. The Executive Secretary is responsible for handling the daily affairs of the Management Committee.
The director and deputy director of the management committee are first produced by the management committee among their members.
The Executive Secretary of the Management Committee shall be appointed by the Management Committee. If the owner of a non-residential residential area is appointed as the Executive Secretary, the owner of the immediate family member of the residential area shall be the economic guarantor.
The director of the management committee, the executive secretary is full-time or part-time.
Article 6 The committee shall make the following powers:
1. Convene and preside over the owners' meeting in accordance with relevant regulations;
2. Review and decide on the use of residential maintenance funds and utility-specific funds;
3. Using open tendering or other means, hire a property management company to carry out animal husbandry management in a residential area and sign an entrusted management contract with it;
4. Review the completion of the management plan of the property management company for the residential area in the previous year and the final report of its expenses;
5. Examine the annual management plan for the residential area formulated by the property management company, the supporting project for the residential area and the major maintenance project;
6. Review and determine the charging standards for residential property management service fees;
7. Supervise the management of the animal husbandry of the residential area by the property management company;
8. Implement the resolutions passed by the owners' meeting.
The matters specified in items 3, 5 and 6 of the preceding paragraph must be approved by the owners' meeting.
Article 7 The management committee shall pay for the public facilities special fund, residential maintenance fund and management service fee, and the management committee shall publish it once every three months to accept the supervision of the owner.
Article 8 The following persons shall receive appropriate allowances after the decision of the management committee to approve the production and approval of the owners' meeting;
1. Director of the Management Committee;
2. Executive Secretary of the Management Committee;
3. The length of the owner's election;
4. Others agreed by the MC.
Chapter III Management Committee Meeting
Article 9 The management committee meeting shall be opened at least once every two months. When more than one-third of the members propose or serve, and the deputy director thinks it is necessary and presents the issue in writing, a special meeting of the management committee may be convened.
Article 10 The notice of the meeting and relevant materials shall be sent to each member of the committee at a meeting seven days in advance. If a member cannot attend the meeting due to a matter, he or she may entrust a representative to participate in writing.
Article 11 The meeting of the management committee shall be convened and presided over by the director. When the director is absent for any reason, the deputy director shall preside.
Article 12 When the management committee meets, it may invite the relevant departments of the government, the residents' committee, the property management company and other units and representatives of the lessee and other non-owner users to attend the meeting, but the above-mentioned personnel have no voting rights.
Article 13 The management committee decides the issue and adopts the principle of minority obeying the majority. The meeting voted, and each CCTV has one vote. A member may entrust a representative to exercise the right to vote, but a power of attorney must be issued. If the vote in favor of the vote is the same as the negative vote, the director or the moderator of the meeting casts a decisive vote.
Article 14 The Executive Secretary of the Management Committee must make a record of the meeting of each meeting and file it with the moderator.
Chapter IV Members of the Management Committee
Article 15 The members of the Administrative Committee shall be elected by the owners' assembly of the residential area and the number of members shall be singular. The management committee may employ personnel of the relevant units such as the police station, the residents' committee, and the representatives of the lessee or non-residents of the residential area to serve as members of the management committee, and the number of places shall not exceed one third of the total number of final members. The appointment of a member to serve as the director of the management committee shall be the economic guarantor of the immediate family members of the owner of the residential area and approved by the owners' meeting.
Article 16 Members of the Management Committee are enthusiastic about public welfare undertakings. Adults with strong sense of responsibility, certain organizational skills and working hours are required to serve.
Article 17 Members of the Administrative Committee shall serve for a term of three years and may be re-elected.
Article 18 The removal and reduction of the members of the Management Committee shall be submitted to the owners' general meeting for approval after the meeting of the Management Committee is approved.
Article 19 Persons who have the following circumstances shall not serve as members of the management committee, and the members who have already served shall be ratified by the next meeting of the owners:
1. has declared bankruptcy;
2. The ability to perform duties due to physical or mental illness;
3. No more than three consecutive absences in the management committee meeting without the consent of the management committee;
4. Elected as a member in the capacity of the owner, but no longer the owner;
5. Submit the resignation to the Management Committee in writing;
6. There are illegal or criminal acts;
7. The owner's assembly has removed it.
Article 20 When any member suspends or quits without seeking re-election, he shall, within half of the period of suspension or resignation, the files, materials, account books and any property belonging to this management committee to be managed and preserved by him. Handed over to the Management Committee.
Article 21 The rights of the members of the management committee:
1. The right to vote, to be elected and to supervise;
2. The right to make suggestions and criticisms of the Management Committee;
3. Participate in the decision-making on matters related to the Management Committee;
4. Participate in relevant activities organized by the Management Committee,
Article 22 The obligations of the members of the Management Committee:
1. Comply with the regulations of the Management Committee;
2. Implement the resolutions of the Management Committee and strive to complete the work of the Management Committee;
3. Actively participate in the benevolence and activities organized by the Management Committee;
4. Provide relevant information and suggestions to the work of the Management Committee.
Chapter V Daily Revenue and Expenditure of the Management Committee and Public Housing Only
Article 23 The source of funds for the Management Committee is the management service fee for the residential area.
Article 24 The expenses of the Administrative Committee shall include: the meeting of the owners' meeting and the meeting of the management committee; and the purchase of equipment for printing and printing. Purchase of books and periodicals; exchanges at home and abroad; allowances for relevant personnel; expenses for daily office and other projects. The fund revenue and expenditure account is managed by the Executive Secretary. The monthly ticket is reported to the Management Committee meeting and reported to the owners' meeting every year.
Article 25 The office space of the Administrative Committee shall be drawn from the property management house purchased by the special fund for public facilities.
Chapter VI Supplementary Provisions
Article 26 The resolutions and rules governing the adoption of the Articles of Association by the owners' meeting are all part of the Articles of Association.
Article 27 Termination and Dissolution of the Management Committee: The Management Committee shall terminate or dissolve in accordance with the decision of the owners' meeting or the decision of the municipal social record department or the municipal residential department.
Article 28 The right to interpret the Articles of Association is the Administrative Committee.
Article 29 When the Articles of Association is inconsistent with relevant regulations, it shall be implemented in accordance with relevant regulations.
Article 30 The Articles of Association shall become effective after being passed by the owners' meeting.
Attachment: Household Manual
I. Introduction
Second, the introduction
Third, property management
Fourth, management fees
V. Equipment and services
Sixth, decoration management
Seven, special services in the early stage of the stay
8. Other responsibilities of the owner and the user
Nine, security / security
X. Relevant methods for the installation of security doors and windows
XI, fire prevention
Twelve, clean
XIII. Health Management Rules
Fourteen, insurance
Fifteen, commonly used phone numbers
XVI, conclusion
I. Introduction
In order to facilitate owners/users to further understand the content and operation of the Community Management Convention, the management company has prepared this household manual for reference. The Community Household Handbook is developed in accordance with the Management Convention. The purpose is to ensure that all the accuracy of the community and the users can effectively use the property they purchased, rather than restricting the owners and users. The management company will be happy to provide perfect management services for each owner.
Second, the community profile
The residential area covers ___ hectares, the total construction area is _____ square meters, the green area is ____ square meters, and the greening rate is ____. The industry management company serves the owners with modern consciousness and all aspects of the concept, so that the owners Under the service of the property management company, fully enjoy the comfort, tranquility and peaceful life, and create a warm, harmonious and brand new garden-style residence.
1. Pay attention to improving the overall living environment quality of the community in accordance with the requirements of building an international metropolis.
2. Pay attention to strengthening property management and maintaining the overall environment and function of residential community construction for a long time.
3. Implementing advanced management, with reference to housing management in Singapore and Hong Kong, to lay a good foundation for property management, and to be recognized by the majority of owners with high quality and efficient services.
4. The Property Management Division of Property Management Co., Ltd. is mainly responsible for the following work:
Management: It has strict and management system, and it can be used for penalties and penalties.
Preservation: The community has a special security force to implement 24-hour day and night duty.
Cleaning: The cleaning staff regularly cleans and removes garbage, keeps the interior of the community clean, and makes the floor smoke-free head, no paper scraps, no traces of land, no pollution, and plastic bags for garbage removal to prevent re-contamination during garbage removal.
Greening: Responsible for community greening, maintaining trees, flowers and plants, trimming flowers and trees, and maintaining green landscapes.
Vehicle traffic management: restricting the entry of motor vehicles into the community and maintaining a quiet atmosphere in the community.
Paid service: on behalf of the nanny, on behalf of shopping, you book air tickets, pick up children, take care of the young and old, sick, clean customer hygiene, set up a life service center for the elderly activity center.
Paid intermediary services: renting and selling residential housing on behalf of the owners.
Set up small supermarkets and convenience stores for convenience.
Third, property management
Management company
According to the provisions of the Management Convention, XX Property Management Co., Ltd. has been appointed as a property management company in the community.
2. Management company's representation
The management company has absolute authority to negotiate and deal with relevant issues on behalf of the owners and users on the general affairs of the management of the community and government public utilities and organizations.
3. Public place and facility management
The management company shall manage and be responsible for the maintenance, repair and management of all public places, community structures, elevators, pump rooms, greening and other public facilities and equipment in accordance with the powers conferred by the provisions of the Management Convention.
4. Management staff
In order to provide perfect management services, the management company employs professional management personnel and professional maintenance contractors to be responsible for all daily management and maintenance of the community. All owners and users are requested not to ask any management company staff to serve as a human nature. All management staff are not allowed to give owners or tenants. The guest or any entropy collects management rewards or other benefits.
5. Suggestions and Complaints Anyone who wishes to make suggestions or complaints about the community environment and management wishes should notify the management company in writing.
6. Community Management Office Office Hours
The office management office is open from 9:00 to 12:00 and 13:30 to 17:30. Outside of the above, the community monitoring center still has staff on duty to serve customers.
Management company phone: XXX
Management Office Phone: XXX
Fourth, management fees
Management fee
The management fee is based on the annual management expenditure budget, including management staff salaries, taxes, public local water and electricity charges, cleaning costs in public areas, public facilities maintenance fees, legal and other professional consulting fees, community insurance, third parties Insurance and management company remuneration, etc. The amount of the management fee will be adjusted according to the actual expenditure needs in the future. Before the adjustment, the owners will be notified in advance.
2. Management Margin and Management Fund
Each owner shall pay the management company an amount equal to three months of management fees as a performance bond upon acceptance of the acceptance of the unit. At the same time, it is also necessary to pay a management fee equal to three months as a management fund to cover the daily management and maintenance expenses. When the management fund is insufficient, the management company may also send a notice to the owners to increase the management fund. Each owner may not use the deposit or the management fund as a deduction for the fees payable under the management convention.
3. Payment of management fees
The building management fee is paid before the 10th of each month. The management company is responsible for managing the community for each user. Any tenant delays the payment of the management fee. The management company organically collects interest, calls for handling fees, and even stops supplying water according to the powers conferred by the Convention. Electricity and take appropriate legal action to recover.
Payment time:
Monday to Friday 08:30-20:30
Saturday, Sunday and holidays 09:00-17:30
Payment method: directly contact the community management office by cheque or cash.
4, management fee profit and loss
The management of the community provides that if the management fee is insufficient to meet the various expenses, the owners will be required to deliver the insufficient amount in proportion. If there is a surplus, they will be transferred to the next year's accounts. The cost-sharing ratio of each owner and user bed during the coordinated use period, the management company will ultimately be the property owner as the legal person in charge, and not involved in the relationship between the owner and the user.
5. The management accounts will be processed in the form of actual reimbursement, and the income and expenditure accounts will be notified to the owners/tenants on time. Each owner who has paid all the management fees payable shall have the right to request a copy of the relevant bill from the management company for reference.
6. If the title transfer is changed or transferred, the original owner must notify the management company in writing, otherwise the management fee of the unit will still be responsible. When the title is transferred, the management fee deposit and the management fund shall be transferred to the new owner in accordance with the proper procedures prescribed by the management company. The seller's owner arranges to withdraw the above-mentioned master money and fund from the buyer.
V. Equipment and services
Electric power
All units have installed independent electrical boxes, electricity meters and sufficient electric lights and sockets. If it is found that it must be replaced, any electrical engineering must be carried out by qualified electrical technicians.
2. Water supply
The district supplies cold and hot water for 24 hours. The work of connecting the washing machine to the faucet must be carried out by a qualified technician. Tap water is delivered to all units using water pressure, so even a slight leak is enough to cause flooding, and the water nozzle must be closed when going out. If the public place, facility or other unit owner of the community suffers losses due to water leakage, the owner of the unit must be responsible for repairs and compensation.
3. Gas
The community provides 24-hour gas source supply. The work of connecting the gas supply equipment must be carried out by a qualified technician. If the system leaks, you must contact the management office in time to avoid further losses.
4. Telephone
The community has laid telephone cables directly to all property units, and users can connect and install telephones to the management center.
5. Elevator service
Each building in the community is equipped with advanced elevators to provide customers with 24-hour service.
6. Public antenna
Each unit has a TV antenna insertion. If additional antenna insertion is required, the maintenance contractor can be arranged through the management office at the expense of the relevant owner. According to the provisions of the Community Convention, all units must not install any outdoor antennas.
Party B: ____ Property Management Company
In order to strengthen the management of ____ residential area animal husbandry, guarantee the normal use rights of houses and public facilities in the area, create a beautiful, clean, safe, convenient, comfortable and civilized living environment for the owners. According to the Shenzhen Special Economic Zone Residential Area Property Management Regulations 》 and its supporting implementation rules and the relevant provisions of the municipal government, after full consultation between the two parties, agreed to sign this beckoning management contract for mutual compliance. The contract is written as follows:
First, beckoning management scope and content
Party A will entrust the property within the ____ residential area of ____ District ____ Road to Party B to implement unified management, comprehensive services, contract management and self-financing.
Management matters include:
1. The use, maintenance and maintenance of the house;
2. Use, maintenance, maintenance and management of public facilities, equipment and places in the district [firefighting, elevators, mechanical and electrical equipment, street lamps, companies, bicycle houses, landscaping, ditches, canals, pools, wells, roads, parking lots, etc.] ;
3. Clean and hygienic;
4. Public life order;
5. Recreational venues;
6. Convenient service outlets and all business premises in the residential area;
7. The vehicle is driving and parked;
8. Residential area file management;
9. The policy stipulates other matters managed by the property management company.
Second, the principle of entrusted management
Focusing on social and environmental benefits, supplemented by economic benefits and mutual promotion, it reflects the principle of providing quality service and responsibility, rights and interests.
Third, the entrusted management period determines management objectives, economic instructions, and implements risk-collateral economic contracting responsibilities.
Fourth, the entrusted management period
The entrusted management period is ____ years, from ____________________ to ____________________
5. Responsibilities, rights and obligations of both parties
1. Entrusting Party B to implement property management in accordance with the regulations of the residential area and this contract;
2. Supervise Party B's reasonable use of the special fund for public facilities, and pay it to Party B according to the management method of the special fund for public facilities;
3. Providing commercial housing ____ square meters to Party B according to the ratio prescribed by the municipal government, renting and renting according to the rent standard of commercial housing, and responsible for handling the use procedures;
4. Provide Party B with a management space of ____ square meters, and rent it according to the rent of the micro-profit house;
5. Responsible for providing Party B with a set of completion data for the construction of the residential area and returning it when Party B's management expires;
6. Do not interfere with the management and business activities carried out by Party B in accordance with the provisions of this contract;
7. To supervise and inspect the management of Party B, and evaluate it once every six months. If there is a major economic loss caused by poor management of Party B, the right to terminate the contract;
8. Responsible for determining the charging standard for the management service fee of this residential area;
9. Entrust Party B to deal with violations of residential area regulations and residential area rules and owners' conventions: including fines, ordering for work stoppages, and ordering compensation for economic losses, so as not to pay the relevant fees or refuse to correct the violations due to measures such as water collection and power cuts. Responsibility for the conduct of the act;
10. Assist Party B in publicity and education, cultural activities and property management;
11. The policy stipulates other responsibilities assumed by Party A.
Party B's responsibilities, rights and obligations
1. According to relevant laws and regulations, combined with the actual situation, formulate the property management measures for this residential area;
2. Comply with the responsibility requirements of various management regulations and contracts, and implement comprehensive management of the residential property in accordance with the authorization of Party A, ensure the realization of management objectives, economic indicators, and assume corresponding responsibilities, and consciously accept Party A's inspection and supervision;
3. According to the needs of large and medium-sized repairs in residential areas, formulate maintenance plans, and report the maintenance funds required for the birds from the public facilities-specific funds after the approval of Party A;
4. Accept Party A's supervision and report on the financial accounts in the course of operation and management, and submit a financial statement to Party A and the district residential management department every month, and publish a management fee income and expenditure account every three months. Project
5. The public facilities in the residential area shall not occupy and change their functions of use without authorization. If Party B rebuilds and completes the supporting projects in the residential area, it shall report to Party A and relevant departments for approval before implementation;
6. Party B shall set up a management office in this residential area on the principle of commercial efficiency and skill;
7. Establish the property management file of the residential area and be responsible for timely recording the relevant changes;
8. Responsible for measuring the charging standard for residential area management service fees and providing the measurement standards and basis to Party A; strictly in accordance with the charging standards reviewed and approved by Party A, and may not increase the price without authorization. Pay a 50% commercial housing rent to the district housing management department every three months as a recycling of the utility-only fund;
9. Have the right to deal with violations of the owners' conventions and residential area management regulations and policies in accordance with the provisions of Party A's entrustment and owners' conventions;
10. Hand over all special housing and related property, all animal husbandry management files and related materials to Party A at the end of the management period;
11. Carry out effective community cultural activities and convenience service work;
12. Have the right to choose a franchise company to undertake the special business of residential property management and pay the fees, but not transfer the overall responsibility and benefits of residential property management to other people or units.
6. Management objectives and economic indicators
The various management indicators implement the “Shenzhen Special Economic Zone Residential Area Property Management Standards” and the standards stipulated by the municipal and district residential management departments, and require the residential areas to meet the ____ standard within ____ years after the takeover of Party B.
Ensuring that the annual fee indicators are ____10,000 yuan and the reasonable expenditure is ____ million yuan, only ____% of the management fees collected can be used as operating income.
Seven, risk mortgage
Party B shall pay Party A a one-time payment of RMB ____ yuan as a risk deposit within three days from the date of signing the contract;
Party B's management objectives and economic indicators as stipulated in the contract, Party A shall also pay all the mortgage and bank demand deposit interest within three days after the expiration of the contract;
If Party A fails to perform due to Party A’s fault, Party A shall double the mortgage and compensate Party B’s economic losses;
If Party B fails to perform the contract due to Party B's fault, Party B has no right to request a repayment of the mortgage, and shall compensate Party A for economic losses.
Eight, reward and punishment measures
On the premise that all management objectives and economic indicators are fully completed, if the management expenses are saved, Party A shall reward Party B with a balance of ____%.
If the residential area is rated as a national, provincial, and municipal civilized residential community, Party A shall reward Party B with RMB ____ yuan, ____ yuan, and ____ yuan respectively; and obtain a single-level award from the higher-level department or a bonus for the relevant honor; if during the management of Party B If the title of the civilized community obtained by Party B is cancelled by the superior department, Party B shall return all the above bonuses and interest on the bank demand deposit.
If Party A does not complete the contractual liability that should be borne, thereby affecting Party B’s contract management objectives and economic indicators, or causing direct economic losses to Party B, Party A shall give or assume corresponding responsibilities;
If Party B fails to complete the contractual obligations or management objectives and economic indicators, Party A shall instruct the party to make corrections within a time limit. If the circumstances are serious, a fine of RMB ____ to ____ yuan shall be imposed until the contract is terminated, and the economic losses shall be borne by Party B;
If Party B manages misconduct or major mistakes, causing economic losses or serious inconvenience to the residents, it shall compensate Party A or the owners and users for economic losses.
9. Contract changes, additions and terminations
The terms of this contract may be revised or supplemented by mutual agreement, whichever is in writing;
Upon the expiration of the management of the contract, this contract is naturally terminated. If the parties wish to renew the contract, they must submit written comments to the other party six months before the expiration;
After the termination of the contract, Party B may participate in Party B's management bidding and prioritize contracting under the same conditions, except for the cancellation of priority contracting qualifications according to the regulations of the residential area and the rules of the residential area.
X. Other matters
During the execution of this contract, in the event of an irresistible natural disaster, this contract shall become effective as of the date of signing, and the effective part of the contract, 1, 2, 3, 4, ____, ____ contract.
The original of this contract is in triplicate. Party A and Party B and the district residential management department each hold one copy with the same legal effect.
If the parties have disputes over the contract and fail to reach a negotiation, they shall submit it to the municipal residential department or the district administrative department for mediation, or the Shenzhen Intermediate People's Court.
person A person B:
Representative: Representative:
Time: year month day
Attached:
Residential area owners convention
In order to strengthen the management of various types of properties in residential areas, ensure the safe and reasonable use of the properties in the residential areas, maintain the public order of the residential areas, create a good living environment, agree to sign this Convention and abide by them.
I. The situation of this residential area
1. Location ____ District ____ Road;
2. Total floor area: ____ square meters;
3. Total construction area: ____ square meters, of which: residential ____ square meters, non-residential ____ square meters;
4. ____ sets of buildings ____ buildings; of which: ____ sets of ____ buildings in high-rise buildings and ____ sets of _ buildings in multi-storey buildings;
5. Number of owners: ____;
6. Management Committee property:
Utility-only fund; ____ yuan;
Property management housing ____ square meters, including: management committee ____ square meters, property management company ____ square meters;
Commercial space ____ square meters;
other;
7. Status of public facilities and public places:
Road: 3.7 square meters of roadway; sidewalk ____ square meters;
Landscaping area: ____ square meters;
Educational facilities: Middle School ____, construction area ____ square meters; National Small ____ Institute, construction area ____ square meters; Kindergarten ____, construction area ____ square meters;
Cultural and sports facilities: ____ cultural activities center, construction area ____ square meters; ____ tennis courts, ____ square meters; ____ yards, ____ square meters; swimming pool ____, building area ____ square meters; children ____ of the playground, covering an area of ____ square meters;
other:
a,
b,
c, c,
Street light ____ 盏; garden lamp ____ 盏; other lights:
a,
b,
____ sewage inspection wells, sewage pipe ____ meters; rainwater inspection wells ____ rainwater pipes ____ meters; septic tanks ____ seats; Minggou ____ meters; dark trenches ____ meters;
Fire pump head interface ____;
____ parking lot, with a total area of ____ square meters and ____ parking spaces;
Comprehensive building ____, construction area ____ square meters, of which: a, b,
____ meat market, construction area ____ square meters;
____ post office, construction area ____ square meters;
Theater ____ seat, construction area ____ square meters;
Hospital ____ seat, construction area ____ square meters;
other:
All public facilities and public places above
Second, the way the owners' meeting convened and decided on major issues in the residential area
1. Convening of the owners' meeting:
When the first owner's meeting is delivered and the occupancy rate reaches 50% or more, the district residential department will convene together with the development and construction unit or its entrusted property management company in accordance with legal procedures and forms, first to produce the management committee.
A. The district housing management department will take the lead with the development and construction unit or its entrusted property management company to form the owners' meeting committee. The preparatory committee may invite the municipal housing authorities and other relevant departments and units to participate;
B. The Preparatory Committee, in accordance with the relevant regulations, proposes a list of candidates for the management committee after fully seeking the opinions of the owners, and prepares the agenda, materials preparation, etc.
C. The Preparatory Committee announces the date, place, content, mode of the taxi meeting held 14 days before the owners' meeting, and the list of candidates for the Preparatory Committee.
D. The director of the Preparatory Committee will preside over the owners' meeting according to the prescribed procedures, and select the first preparatory committee to complete the agenda of the conference;
E. After the first session of the Preparatory Committee, it shall be approved and registered by the municipal government registration department, and exercise various rights according to law;
F. All the registered owners who have the right to vote in the residential area shall, at the request of the Preparatory Committee, attend the owners' meeting on time, participate in the voting, exercise their statutory rights and assume statutory responsibilities;
G. Each owner understands that if he does not attend the owners' meeting and participates in the voting form, he will bear all the consequences arising therefrom.
After the establishment of the management committee, it is responsible for convening the subsequent owners' meeting, and each meeting at least once.
Upon the proposal of the owner holding more than 10% of the drafting rights, the management committee shall open the owners' meeting for the specified purpose within 14 days after receiving the proposal.
The management committee shall announce the venue, time, content, methods and other matters of the meeting seven days before the opening of the owners' meeting. The owners' meeting shall be presided over by the director of the management committee. If the director of the management committee is absent, the deputy director of the management committee will preside.
2. The owner's meeting must have the owner who has more than 50% of the voting rights of the owner who has checked in to be able to hold the decision of the owner who has more than 50% of the voting rights of the owner who has already checked in, and may postpone the meeting of the owners.
3. When the number of attendees at the owners' meeting reaches a quorum, all matters at the meeting are voted by the owners attending the meeting and passed by more than half. Voting may be by written vote or other form. In the event of an equal number of votes, the moderator of the meeting may vote for one vote in addition to one vote.
4. The General Assembly voted to implement one-to-one ticket for residential houses; the construction area of the first 100 square meters of non-residential houses of 100 square meters or more is one vote, and the number of non-residential houses with real estate rights certificates of less than 100 square meters per ticket .
5. At the owners' meeting, the owner shall vote in person or by a representative. To entrust a representative to vote, an authorization letter must be issued to the management committee one day before the meeting or within the time approved by the director of the management committee. Otherwise, the entrustment is invalid. The power of attorney must be signed by the owner. If the owner is a legal person, the official seal of the legal person shall be attached.
6. The owner may choose one or several buildings as the unit, select the chief of the building, act as the common representative of the elected person, participate in the owners' meeting, and exercise the owner's other property management rights.
Third, the rights and obligations of the owners
Owner's rights
1. Enjoy the rights to the property owned by the property in accordance with the law;
2. The right to use the public facilities of the house and the public facilities and public places in the residential area in accordance with the law;
3. Have the right to carry out interior decoration, repair and renovation within the permitted scope in accordance with relevant regulations;
4. Have the right to carry out legal maintenance and repair of various pipes, wires, water tanks and other facilities for the self-use parts of the house by themselves or by hiring others;
5. Organic according to the wall of the house, stairwell, passage, roof, sewage pipe, public water tank, pressurized water pump, elevator, mechanical and electrical equipment, public antennas and fire-fighting facilities, etc. Organize maintenance and repair, and the expenses are paid from the residential maintenance fund;
6. It is recommended to recommend property management companies according to the conditions of residential roads, street lamps, ditches, canals, pools, wells, landscaping, cultural and recreational sports facilities, parking lots, corridors, bicycles, etc. to the public facilities and public places in residential areas. Timely maintenance and repair, the cost of which is paid out of the management service fee;
7. Organic requirements The property management company shall stop and correct the illegal construction in the residential area, illegal decoration and other acts in violation of the property management regulations;
8. Have the right to participate in the owners' meeting and have the right to vote on various management decisions in the residential area;
9. Have the right to ask questions about the management committee of the residential property management and the management company, and get a reply within three days;
10. Have the right to request the management committee and the property management company to regularly announce the income and expenditure account of the residential property management in accordance with the deadline set by the municipal government;
11. Have the right to make suggestions, opinions or criticisms on the management of animal husbandry in residential areas, and rightly ask the management committee to intervene or punish the violations of the property management company or have the prescribed behaviors;
12. Have the right to request the management committee to meet the owners' meeting on a certain topic with other owners;
13. Have the right to submit opinions and suggestions on the property management of the residential area to the municipal residential department and the district residential management department;
14. The right to request other maintenance personnel in the adjacent part to undertake the maintenance responsibility. If the other party does not repair, the property management company is required to repair and maintain it on its behalf, and the maintenance cost shall be shared according to the regulations.
Owner's obligations
1. When using, operating or transferring the property under its name, comply with relevant laws, regulations and policies;
2. When using residential property, the following rules should be observed:
The structure, appearance and use of the house shall not be changed without the approval of the relevant department of the municipal government;
It is forbidden to cut, dismantle, take up or occupy the load-bearing walls, beams, columns, slabs, balconies, roofs, roofs and passages inside and outside the house;
Do not stack flammable, explosive, highly toxic, radioactive, etc., but use self-use fuels;
Do not use the house to engage in activities that endanger the public interest;
Do not infringe on the legitimate rights and interests of others.
3. If the owner needs to renovate his house, he must abide by the “Shenzhen Residential Decoration Management Regulations” and fill in the decoration application form, report to the property management company for approval before construction, accept the management and supervision of the property management company;
4. The interior part of the house, as well as the power supply, water supply, gas supply and other parts of the household and the front of the table to the first valve part of the user responsible for maintenance;
5. Where the house and ancillary facilities affect the city's appearance or may endanger the safety and public safety of the adjoining house, the owner shall repair it in time or jointly. If the refusal to repair is carried out, the management committee shall authorize the property management company to repair it, and the expenses shall be borne by the owner;
6. The owner shall consciously maintain the cleanliness, beauty, smoothness and public facilities of the public place. No building or stacking, hanging, abandoning or garbage shall be built in any public place. The power supply and water supply shall not be damaged, demolished or modified. Public equipment such as gas supply, communication, transportation, drainage, sewage, fire protection;
7. The following acts must not be carried out in residential areas:
Trampling and occupying green areas;
Occupying common facilities such as stairwells, passages, roofs, platforms, roads, parking lots, bicycles, etc., affecting their normal use functions;
Littering and sundries;
Influencing the appearance of the city, chaos, chaos, and hangs;
Damaged, painted garden art sculptures;
Gathering in the crowd;
Park your car and honk at will;
Issue noise exceeding the required standard;
Discharge of toxic and hazardous substances;
Operating forging, sawmilling, architectural paints, dangerous goods, funeral industry, and the use of residential dance hall guest houses and other industries that endanger public interests or affect the normal life of the owners;
Preventing the legal use of public facilities and public places by others;
Other acts prohibited by laws, regulations, and municipal regulations.
8. Whether the relevant provisions of the owner's convention for inspection, maintenance, maintenance or inspection of the owner's conventions are carried out within a reasonable time after the production of a work permit or relevant certificates by the personnel of the residential property management company within a reasonable time. The patrol behavior, the owner shall provide convenience and shall not refuse or obstruct;
9. Pay the management service fee and residential maintenance fund payable as required;
10. The owner shall comply with the following city management regulations and regulations, and promise to accept the management and punishment of the management committee or the property management company:
Shenzhen Special Economic Zone residential area animal husbandry management regulations and its implementation rules;
Shenzhen Public Health Regulations;
Shenzhen City Landscaping Management Regulations;
Interim Provisions on the Management of Environmental Noise in Shenzhen City;
Shenzhen Special Economic Zone Housing Leasing Management Regulations;
Interim Provisions on Fire Management in Shenzhen City;
Notice of the Shenzhen Municipal People's Government on prohibiting the raising of poultry and livestock in the urban area;
Notice of the Shenzhen Municipal People's Government on Prohibiting the Sale of Fireworks and Firecrackers in the Special Zone;
Shenzhen residential decoration management regulations;
Other laws, regulations and policies governing the management of residential areas.
11. The Owner shall promise to inform the other party and require the other party to abide by the provisions on the management of the residential animal husbandry and the relevant provisions of the Owner's Convention when establishing legal relationships with other non-primary users for legal use, repair and alteration.
Fourth, the fees payable by the owners
1. The owner shall pay the management service fee to the company management company on a monthly basis. The standard for managing service fees is: the development and construction unit shall, within the management period of the property management company or the property management company, implement the charging standards approved by the municipal price department and the municipal residential department; after the establishment of the management committee, it shall be formulated according to the actual conditions of the residential area. And submitted to the owners' meeting after the implementation. The use of management service fees: management, maintenance and maintenance of public facilities and public places such as passages, street lamps, ditches, pools, wells, landscaping, cultural and entertainment stadiums, parking lots, corridors, bicycle houses in residential areas.
2. The owner should pay the residential maintenance fund to the property management company on a monthly basis. The standard for residential maintenance funds is: 0.5 yuan / square meter. The property management company shall set up maintenance and maintenance of public housing facilities such as special charge escrow, public water tanks, pressure water pumps, elevators, electromechanical equipment, public antennas and fire-fighting facilities.
3. If the owner conducts indoor decoration, he/she should pay the decoration deposit according to the relevant regulations when applying for the application. After the decoration is completed, the property management company will check it. If there is no violation, it will be returned, otherwise it will not be returned.
4. If the owner asks the property management company to repair and maintain the relevant facilities and equipment for its own use and adjacent parts, the relevant fees shall be paid.
5. When the owner uses the public facilities and public places such as cultural entertainment sports facilities and parking lots that are used for compensation in the residential area, the owner shall pay the fees as required.
V. Liability for breach of contract
1. In violation of the provisions of paragraphs 2, 6 and 7 of the Owner's Obligations, the property management company has the right to stop it and request correction within a time limit; if it fails to make corrections within the time limit, it may be forced to resume, including the use of water cuts, power cuts, gas cuts, etc. Measures; if the loss is caused, the right to claim compensation.
2. The owner carries out interior decoration, such as violating the "Shenzhen City Housing Decoration Management Regulations", according to the relevant provisions.
3. If the landlord delays payment of the management service fee, residential maintenance fund and related compensation, fines and other expenses, it shall be subject to a late payment fee of three thousandths per day; if there is no justifiable reason for not paying more than three months, property management The company took measures such as stopping water, power cuts, and stopping gas.
4. The owner unreasonably refuses to obstruct the property management company's inspection, maintenance, maintenance and other normal management activities on the public facilities of the building and the public places and public facilities in the area.
Sixth, other matters
1. The owner's convention was printed by the previous property management unit after filling out the first article “The situation of the residential area”, and the organization has already signed the owner's signing after the occupancy rate of the residential area reaches 30%.
2. The owner's convention has been signed into effect by the owner who has held more than half of the voting rights of the owner. The owners' conventions in force are binding on all owners and non-owners of the residential area.
3. The owners' meeting may modify and supplement the owner's convention according to the actual situation of the residential area, and report it to the municipal residential department and the district residential management department for the record. The revised supplementary clause shall take effect from the date of adoption by the owners' general meeting and shall not be re-signed by the owner.
The amendments to the supplementary provisions shall not be inconsistent with the laws, regulations and relevant policy provisions, otherwise the district housing management department has the right to correct or revoke them.
4. This owner's convention is in duplicate, and the owner and the property management company each hold one copy.
Owner: Property Management Company:
Signing time: Representative:
contact address:
contact number:
Name of the property: residential: ____ building ____ room
Commercial user ____ building ____ room
other:
Attached:
Residential Area Owners Management Committee Charter
Chapter I General
The first ____ residential area management committee is a society based on the "Regulations on the Property Management of Shenzhen Economic Zone Residential Areas and the Implementation Rules of the Shenzhen Special Economic Zone Residential Areas Property Management Regulations", which represents the legal rights of all owners of the residential area. The group obtains the legal status of a social group after being approved by the municipal government association registration department for corruption. The legitimate rights and interests of this management committee are protected by national laws.
Article 2 The Management Committee accepts the leadership of the Audit Administration Department, the municipal residential department and the district residential management door, and implements the national, provincial and municipal laws and regulations on property management.
Article 3 The management committee represents the legitimate rights and interests of all the owners of the residential area, and uses science, sponsors and legal management means to ensure the reasonable accommodation of the residential area, maintain the public order of the residential area, and create a clean, beautiful and safe Comfortable and civilized living environment.
Chapter II Generation and Authority of the Management Committee
Article 4 The Administrative Committee shall be elected from the election of the owners' congress of the residential area, responsible for and report to the owners' congress, and accept the supervision of the owners' congress and the municipal and district residential management departments.
The first management committee was formed: the district residential management department, together with the development and construction unit or the entrusted property management company, formed a preparatory committee, proposed a list of candidates for the management committee, and submitted the election of the first owners' meeting.
Article 5 The management committee shall have members __name, including one director, deputy director __name, executive secretary_name. The Executive Secretary is responsible for handling the daily affairs of the Management Committee.
The director and deputy director of the management committee are first produced by the management committee among their members.
The Executive Secretary of the Management Committee shall be appointed by the Management Committee. If the owner of a non-residential residential area is appointed as the Executive Secretary, the owner of the immediate family member of the residential area shall be the economic guarantor.
The director of the management committee, the executive secretary is full-time or part-time.
Article 6 The committee shall make the following powers:
1. Convene and preside over the owners' meeting in accordance with relevant regulations;
2. Review and decide on the use of residential maintenance funds and utility-specific funds;
3. Using open tendering or other means, hire a property management company to carry out animal husbandry management in a residential area and sign an entrusted management contract with it;
4. Review the completion of the management plan of the property management company for the residential area in the previous year and the final report of its expenses;
5. Examine the annual management plan for the residential area formulated by the property management company, the supporting project for the residential area and the major maintenance project;
6. Review and determine the charging standards for residential property management service fees;
7. Supervise the management of the animal husbandry of the residential area by the property management company;
8. Implement the resolutions passed by the owners' meeting.
The matters specified in items 3, 5 and 6 of the preceding paragraph must be approved by the owners' meeting.
Article 7 The management committee shall pay for the public facilities special fund, residential maintenance fund and management service fee, and the management committee shall publish it once every three months to accept the supervision of the owner.
Article 8 The following persons shall receive appropriate allowances after the decision of the management committee to approve the production and approval of the owners' meeting;
1. Director of the Management Committee;
2. Executive Secretary of the Management Committee;
3. The length of the owner's election;
4. Others agreed by the MC.
Chapter III Management Committee Meeting
Article 9 The management committee meeting shall be opened at least once every two months. When more than one-third of the members propose or serve, and the deputy director thinks it is necessary and presents the issue in writing, a special meeting of the management committee may be convened.
Article 10 The notice of the meeting and relevant materials shall be sent to each member of the committee at a meeting seven days in advance. If a member cannot attend the meeting due to a matter, he or she may entrust a representative to participate in writing.
Article 11 The meeting of the management committee shall be convened and presided over by the director. When the director is absent for any reason, the deputy director shall preside.
Article 12 When the management committee meets, it may invite the relevant departments of the government, the residents' committee, the property management company and other units and representatives of the lessee and other non-owner users to attend the meeting, but the above-mentioned personnel have no voting rights.
Article 13 The management committee decides the issue and adopts the principle of minority obeying the majority. The meeting voted, and each CCTV has one vote. A member may entrust a representative to exercise the right to vote, but a power of attorney must be issued. If the vote in favor of the vote is the same as the negative vote, the director or the moderator of the meeting casts a decisive vote.
Article 14 The Executive Secretary of the Management Committee must make a record of the meeting of each meeting and file it with the moderator.
Chapter IV Members of the Management Committee
Article 15 The members of the Administrative Committee shall be elected by the owners' assembly of the residential area and the number of members shall be singular. The management committee may employ personnel of the relevant units such as the police station, the residents' committee, and the representatives of the lessee or non-residents of the residential area to serve as members of the management committee, and the number of places shall not exceed one third of the total number of final members. The appointment of a member to serve as the director of the management committee shall be the economic guarantor of the immediate family members of the owner of the residential area and approved by the owners' meeting.
Article 16 Members of the Management Committee are enthusiastic about public welfare undertakings. Adults with strong sense of responsibility, certain organizational skills and working hours are required to serve.
Article 17 Members of the Administrative Committee shall serve for a term of three years and may be re-elected.
Article 18 The removal and reduction of the members of the Management Committee shall be submitted to the owners' general meeting for approval after the meeting of the Management Committee is approved.
Article 19 Persons who have the following circumstances shall not serve as members of the management committee, and the members who have already served shall be ratified by the next meeting of the owners:
1. has declared bankruptcy;
2. The ability to perform duties due to physical or mental illness;
3. No more than three consecutive absences in the management committee meeting without the consent of the management committee;
4. Elected as a member in the capacity of the owner, but no longer the owner;
5. Submit the resignation to the Management Committee in writing;
6. There are illegal or criminal acts;
7. The owner's assembly has removed it.
Article 20 When any member suspends or quits without seeking re-election, he shall, within half of the period of suspension or resignation, the files, materials, account books and any property belonging to this management committee to be managed and preserved by him. Handed over to the Management Committee.
Article 21 The rights of the members of the management committee:
1. The right to vote, to be elected and to supervise;
2. The right to make suggestions and criticisms of the Management Committee;
3. Participate in the decision-making on matters related to the Management Committee;
4. Participate in relevant activities organized by the Management Committee,
Article 22 The obligations of the members of the Management Committee:
1. Comply with the regulations of the Management Committee;
2. Implement the resolutions of the Management Committee and strive to complete the work of the Management Committee;
3. Actively participate in the benevolence and activities organized by the Management Committee;
4. Provide relevant information and suggestions to the work of the Management Committee.
Chapter V Daily Revenue and Expenditure of the Management Committee and Public Housing Only
Article 23 The source of funds for the Management Committee is the management service fee for the residential area.
Article 24 The expenses of the Administrative Committee shall include: the meeting of the owners' meeting and the meeting of the management committee; and the purchase of equipment for printing and printing. Purchase of books and periodicals; exchanges at home and abroad; allowances for relevant personnel; expenses for daily office and other projects. The fund revenue and expenditure account is managed by the Executive Secretary. The monthly ticket is reported to the Management Committee meeting and reported to the owners' meeting every year.
Article 25 The office space of the Administrative Committee shall be drawn from the property management house purchased by the special fund for public facilities.
Chapter VI Supplementary Provisions
Article 26 The resolutions and rules governing the adoption of the Articles of Association by the owners' meeting are all part of the Articles of Association.
Article 27 Termination and Dissolution of the Management Committee: The Management Committee shall terminate or dissolve in accordance with the decision of the owners' meeting or the decision of the municipal social record department or the municipal residential department.
Article 28 The right to interpret the Articles of Association is the Administrative Committee.
Article 29 When the Articles of Association is inconsistent with relevant regulations, it shall be implemented in accordance with relevant regulations.
Article 30 The Articles of Association shall become effective after being passed by the owners' meeting.
Attachment: Household Manual
I. Introduction
Second, the introduction
Third, property management
Fourth, management fees
V. Equipment and services
Sixth, decoration management
Seven, special services in the early stage of the stay
8. Other responsibilities of the owner and the user
Nine, security / security
X. Relevant methods for the installation of security doors and windows
XI, fire prevention
Twelve, clean
XIII. Health Management Rules
Fourteen, insurance
Fifteen, commonly used phone numbers
XVI, conclusion
I. Introduction
In order to facilitate owners/users to further understand the content and operation of the Community Management Convention, the management company has prepared this household manual for reference. The Community Household Handbook is developed in accordance with the Management Convention. The purpose is to ensure that all the accuracy of the community and the users can effectively use the property they purchased, rather than restricting the owners and users. The management company will be happy to provide perfect management services for each owner.
Second, the community profile
The residential area covers ___ hectares, the total construction area is _____ square meters, the green area is ____ square meters, and the greening rate is ____. The industry management company serves the owners with modern consciousness and all aspects of the concept, so that the owners Under the service of the property management company, fully enjoy the comfort, tranquility and peaceful life, and create a warm, harmonious and brand new garden-style residence.
1. Pay attention to improving the overall living environment quality of the community in accordance with the requirements of building an international metropolis.
2. Pay attention to strengthening property management and maintaining the overall environment and function of residential community construction for a long time.
3. Implementing advanced management, with reference to housing management in Singapore and Hong Kong, to lay a good foundation for property management, and to be recognized by the majority of owners with high quality and efficient services.
4. The Property Management Division of Property Management Co., Ltd. is mainly responsible for the following work:
Management: It has strict and management system, and it can be used for penalties and penalties.
Preservation: The community has a special security force to implement 24-hour day and night duty.
Cleaning: The cleaning staff regularly cleans and removes garbage, keeps the interior of the community clean, and makes the floor smoke-free head, no paper scraps, no traces of land, no pollution, and plastic bags for garbage removal to prevent re-contamination during garbage removal.
Greening: Responsible for community greening, maintaining trees, flowers and plants, trimming flowers and trees, and maintaining green landscapes.
Vehicle traffic management: restricting the entry of motor vehicles into the community and maintaining a quiet atmosphere in the community.
Paid service: on behalf of the nanny, on behalf of shopping, you book air tickets, pick up children, take care of the young and old, sick, clean customer hygiene, set up a life service center for the elderly activity center.
Paid intermediary services: renting and selling residential housing on behalf of the owners.
Set up small supermarkets and convenience stores for convenience.
Third, property management
Management company
According to the provisions of the Management Convention, XX Property Management Co., Ltd. has been appointed as a property management company in the community.
2. Management company's representation
The management company has absolute authority to negotiate and deal with relevant issues on behalf of the owners and users on the general affairs of the management of the community and government public utilities and organizations.
3. Public place and facility management
The management company shall manage and be responsible for the maintenance, repair and management of all public places, community structures, elevators, pump rooms, greening and other public facilities and equipment in accordance with the powers conferred by the provisions of the Management Convention.
4. Management staff
In order to provide perfect management services, the management company employs professional management personnel and professional maintenance contractors to be responsible for all daily management and maintenance of the community. All owners and users are requested not to ask any management company staff to serve as a human nature. All management staff are not allowed to give owners or tenants. The guest or any entropy collects management rewards or other benefits.
5. Suggestions and Complaints Anyone who wishes to make suggestions or complaints about the community environment and management wishes should notify the management company in writing.
6. Community Management Office Office Hours
The office management office is open from 9:00 to 12:00 and 13:30 to 17:30. Outside of the above, the community monitoring center still has staff on duty to serve customers.
Management company phone: XXX
Management Office Phone: XXX
Fourth, management fees
Management fee
The management fee is based on the annual management expenditure budget, including management staff salaries, taxes, public local water and electricity charges, cleaning costs in public areas, public facilities maintenance fees, legal and other professional consulting fees, community insurance, third parties Insurance and management company remuneration, etc. The amount of the management fee will be adjusted according to the actual expenditure needs in the future. Before the adjustment, the owners will be notified in advance.
2. Management Margin and Management Fund
Each owner shall pay the management company an amount equal to three months of management fees as a performance bond upon acceptance of the acceptance of the unit. At the same time, it is also necessary to pay a management fee equal to three months as a management fund to cover the daily management and maintenance expenses. When the management fund is insufficient, the management company may also send a notice to the owners to increase the management fund. Each owner may not use the deposit or the management fund as a deduction for the fees payable under the management convention.
3. Payment of management fees
The building management fee is paid before the 10th of each month. The management company is responsible for managing the community for each user. Any tenant delays the payment of the management fee. The management company organically collects interest, calls for handling fees, and even stops supplying water according to the powers conferred by the Convention. Electricity and take appropriate legal action to recover.
Payment time:
Monday to Friday 08:30-20:30
Saturday, Sunday and holidays 09:00-17:30
Payment method: directly contact the community management office by cheque or cash.
4, management fee profit and loss
The management of the community provides that if the management fee is insufficient to meet the various expenses, the owners will be required to deliver the insufficient amount in proportion. If there is a surplus, they will be transferred to the next year's accounts. The cost-sharing ratio of each owner and user bed during the coordinated use period, the management company will ultimately be the property owner as the legal person in charge, and not involved in the relationship between the owner and the user.
5. The management accounts will be processed in the form of actual reimbursement, and the income and expenditure accounts will be notified to the owners/tenants on time. Each owner who has paid all the management fees payable shall have the right to request a copy of the relevant bill from the management company for reference.
6. If the title transfer is changed or transferred, the original owner must notify the management company in writing, otherwise the management fee of the unit will still be responsible. When the title is transferred, the management fee deposit and the management fund shall be transferred to the new owner in accordance with the proper procedures prescribed by the management company. The seller's owner arranges to withdraw the above-mentioned master money and fund from the buyer.
V. Equipment and services
Electric power
All units have installed independent electrical boxes, electricity meters and sufficient electric lights and sockets. If it is found that it must be replaced, any electrical engineering must be carried out by qualified electrical technicians.
2. Water supply
The district supplies cold and hot water for 24 hours. The work of connecting the washing machine to the faucet must be carried out by a qualified technician. Tap water is delivered to all units using water pressure, so even a slight leak is enough to cause flooding, and the water nozzle must be closed when going out. If the public place, facility or other unit owner of the community suffers losses due to water leakage, the owner of the unit must be responsible for repairs and compensation.
3. Gas
The community provides 24-hour gas source supply. The work of connecting the gas supply equipment must be carried out by a qualified technician. If the system leaks, you must contact the management office in time to avoid further losses.
4. Telephone
The community has laid telephone cables directly to all property units, and users can connect and install telephones to the management center.
5. Elevator service
Each building in the community is equipped with advanced elevators to provide customers with 24-hour service.
6. Public antenna
Each unit has a TV antenna insertion. If additional antenna insertion is required, the maintenance contractor can be arranged through the management office at the expense of the relevant owner. According to the provisions of the Community Convention, all units must not install any outdoor antennas.
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