Sample of the previous property management service contract

Pre-existing property service contract instructions

1. This model text is only for reference between the construction unit and the property management enterprise to sign the “Preliminary Property Service Contract”.

2. After consultation, the construction unit and the property management enterprise may select, modify, add or delete the terms and conditions of this model text.

3. Articles 6, 7, 8, and 9, paragraphs 2 and 3, 20, 21, 22, and 24 of this model text The term “owner” refers to the construction unit and the house buyer who owns the ownership of the house; the term “owner” in other terms refers to the house buyer who owns the ownership of the house.

Party A:

Legal representative:

Place of residence

Zip code:

Party B:

Legal representative:

Place of residence

Zip code:

Qualification level:;

Certificate No:.

According to the "Property Management Regulations" and relevant laws, regulations and policies, Party A and Party B shall, on the basis of voluntariness, equality and consensus, appoint Party B to appoint Party B to provide this property for the provision of pre-property management services.

Chapter I Basic Conditions of the Property

The basic situation of the first property:

Property name;

types of properties;

Sitting position

construction area.

Property management area four to:

East to

South to;

West to

North to.

.

Chapter II Service Content and Quality

Article 2 In the property management area, the pre-property management services provided by Party B include the following contents:

1. Maintenance, maintenance and management of the shared parts of the property;

2. Operation, maintenance, maintenance and management of the facilities and facilities of the property;

3. Cleaning and sanitation of the shared parts of the property and related sites, collection and removal of garbage, and dredging of rain and sewage pipes;

4. Maintenance and management of public greening;

5. Vehicle parking management;

6. Assistance in the management of public order, security and other matters;

7. Decoration management services;

8. Property file data management.

Article 3 In the property management area, other services provided by Party B include the following:

1,;

2,;

3,.

Article 4 The pre-property management services provided by Party B shall meet the agreed quality standards.

Article 5 A single owner may entrust Party B to provide maintenance and maintenance services for the exclusive part of its property. The content and cost of the service shall be separately agreed by both parties.

Chapter III Service Fees

Article 6 The following methods are selected for the property management services in the property management area:

1. The cost of the packaged property service is paid by the landlord according to the building area of ​​the property it owns. The specific criteria are as follows:

Multi-storey residential: yuan / month. Square meter

High-rise residential: yuan / month. Square meter

Villa: Yuan / month. Square meter

Office building: yuan / month. Square meter

Commercial property: yuan / month. Square meter

Property: yuan / month. Square meters.

Property service fees are mainly used for the following expenses:

The salary of the management service personnel, social insurance and welfare fees drawn according to regulations;

Daily operation and maintenance costs of shared parts of the property, shared facilities and equipment;

Cleaning and sanitation expenses in the property management area;

Greening and maintenance costs in the property management area;

Property management regional order maintenance costs;

Office expenses;

Depreciation of fixed assets of property management companies;

Property sharing parts, shared facilities and equipment and public liability insurance fees;

Statutory tax

The profit of the property management company;

.

Party B shall charge the property service fee according to the above criteria, and provide services according to the service content and quality standards stipulated in this contract. The surplus or loss shall be enjoyed or borne by Party B.

2. The property fund for the property system is paid in advance by the landlord according to the building area of ​​the property it owns. The specific standards are as follows:

Multi-storey residential: yuan / month. Square meter

High-rise residential: yuan / month. Square meter

Villa: Yuan / month. Square meter

Office building: yuan / month. Square meter

Commercial property: yuan / month. Square meter

Property: yuan / month. Square meters.

The advance payment of property service funds consists of property service expenses and Party B's remuneration.

The property service expenditure is owned by the owner who is paid, and is managed by Party B and is mainly used for the following expenses:

The salary of the management service personnel, social insurance and welfare fees drawn according to regulations;

Daily operation and maintenance costs of shared parts of the property, shared facilities and equipment;

Cleaning and sanitation expenses in the property management area;

Greening and maintenance costs in the property management area;

Property management regional order maintenance costs;

Office expenses;

Depreciation of fixed assets of property management companies;

Property sharing parts, shared facilities and equipment and public liability insurance fees;

.

Party B takes the following method to withdraw the reward:

Party B shall withdraw from the pre-accepted property service funds according to the standard of the yuan.

Party B shall draw the proportion of the property service funds receivable.

Property service expenses shall be fully utilized for the expenses agreed in this contract. The balance after the annual settlement of the property service expenditure shall be transferred to the next year for continued use; the insufficient portion of the annual settlement of the property service expenditure shall be borne by all the owners.

Article 7 The owner shall pay the property service fee from the date of the transaction.

The property service fees included in the property management scope that have been completed but not yet sold, or failed to be delivered to the property buyer on time due to Party A's property shall be paid in full by Party A.

If the owner agrees with the property user to pay the property service fee by the property user, the owner shall bear the responsibility for the joint payment. The owner shall notify Party B in writing of the payment agreement between the owner and the user of the property.

Property service fees are paid according to the payment, and the owner or property user should fulfill the obligation to pay.

Article 8 If the property service fee is charged by means of the reward system, Party B shall announce the annual plan of the property management annual plan and the property service fund to all the owners, and announce the income and expenditure of the property service funds to all the owners every year.

If there is any dispute over the income and expenditure of property services, Party A and Party B agree to adopt the following methods:

1,;

2,.

Chapter IV Management and Management of Property

Article 9 The parking lot charges shall be as follows:

1. The parking lot belongs to all the owners. The parking space user shall pay the parking fee to Party B according to the standard of open-air parking space/month, month, garage parking space/month and month.

From the parking fee, Party B shall collect the parking management service fee according to the standard of open-air parking space/month·month, garage parking space/month·month.

2. The parking lot belongs to Party A and is entrusted to Party B. The owner and the property owner have the right to use the parking space. The parking space user shall pay the parking fee to Party B according to the standard of open-air parking space/month, month, garage parking space/month and month. .

From the parking fee, Party B shall collect the parking management service fee according to the standard of open-air parking space/month·month, garage parking space/month·month.

3. If the ownership or use right of the parking lot is purchased by the owner, the parking space user shall pay the parking management service fee to Party B according to the standard of open-air parking space/month, month, garage parking space/month and month.

Article 10 Party B shall sign a written parking management service agreement with the user of the parking lot parking space to clarify the rights and obligations of both parties in terms of parking space use and parking management services.

Article 11 All the members of the property management area belong to it.

If the club entrusts Party B to operate and manage, Party B shall charge the owner or property user of the clubhouse according to the following criteria:

1,;

2,.

Article 12 The parking lots, clubs and other property sharing parts and public facilities and facilities owned by all the owners in the property management area shall be entrusted to Party B for business operations, and the operating income shall be distributed according to the following conventions:

1,;

2,.

Chapter V Acceptance and Acceptance of Property

Article 13 When Party B undertakes the property, Party A shall cooperate with Party B to check the shared parts and shared facilities of the following properties:

1,;

2,;

3,.

Article 14 Both Party A and Party B confirm the following problems in the shared parts of the property and the shared facilities:

1,;

2,;

3,.

Party A shall assume the responsibility for solving the above problems. The solution is as follows:

1,;

2,;

3,.

Article 15 For the shared parts of the property and shared facilities and equipment to be undertaken after the signing of this contract, both Party A and Party B shall conduct inspection and sign the confirmation in accordance with the provisions of the preceding article as the basis for defining their respective responsibilities in development and construction and property management.

Article 16 When Party B undertakes the property, Party A shall hand over the following materials to Party B:

1. Completed plan of completion, single building, structure, equipment completion drawing, supporting facilities, completion drawing of underground pipe network project, etc.

2. Technical information such as installation, use and maintenance of facilities and equipment;

3. Property quality warranty file and property use description file;

4,.

Article 17 Party A guarantees that the property delivered for use meets the acceptance criteria stipulated by the State, and assumes the warranty responsibility of the property in accordance with the warranty period and warranty scope stipulated by the State.

Chapter VI Use and Maintenance of Property

Article 18 Before the establishment of the owners' meeting, Party B shall cooperate with Party A to formulate rules and regulations on the use of the shared parts of the property and the use of shared facilities and equipment, public order and environmental sanitation in the property management area.

When Party B provides management services in accordance with the rules and regulations, Party A, the owner and the property owner shall provide necessary cooperation.

Article 19 Party B may take precautions and other necessary measures to prevent owners and property owners from violating this Provisional Convention and the property management rules and regulations in the property management area.

Article 20 Party B shall promptly notify all the owners of major matters concerning property management in the property management area, promptly handle the complaints of the owners and property users, and accept the supervision of Party A, the owners and the property users.

Article 21 Due to the maintenance of property or public interest, Party A does need to temporarily occupy or excavate the roads and sites within the property management area, and shall obtain the consent of the relevant owners and Party B; Party B shall temporarily occupy and excavate the property management area. The inner roads and venues shall be subject to the consent of the relevant owners and Party A.

Temporary occupation and excavation of roads and sites within the property management area shall be restored to the original condition within the agreed time limit.

Article 22 Party B and the owner of the decoration and decoration house or the user of the property shall sign a written decoration and decoration management service agreement, and agree on the construction time, the removal and disposal of waste, the cost of decoration management services, etc. Inform the owner or the property owner of the prohibited behavior and precautions in the decoration.

Article 23 Party A shall provide Party B with property management houses that can be directly put into use in accordance with relevant regulations.

The building area of ​​the property management building is square meters, of which: the office space is square meters, and the accommodation space is located in square meters;

The room is located in square meters.

Article 24 The house for property management shall be owned by all the owners, and Party B shall use it free of charge during the term of this contract, but shall not change its use.

Chapter VII Special Maintenance Fund

Article 25 The deposit of special maintenance funds.

Article 26 Management of special maintenance funds.

Article 27 The use of special maintenance funds.

Article 28: Renewal of special maintenance funds.

Chapter VIII Liability for breach of contract

Article 29 Party A violates the provisions of Articles 13, 14 and 15 of this contract, causing Party B's management services to fail to meet the services stipulated in Articles 2, 3 and 4 of this contract. For content and quality standards, Party A shall compensate Party A for the losses caused to the owner and the property owner.

Article 30 Except as provided in the preceding article, Party B's management services shall not meet the service contents and quality standards stipulated in Articles 2, 3 and 4 of this contract, and shall pay Party A and the owners a default according to the standards. gold.

Article 31 If Party A, the owner or the property user violates the provisions of Articles 6 and 7 of this contract and fails to pay the property service fees in full and on time, Party B shall pay Party B the liquidated damages according to the standard.

Article 32 If Party B violates the provisions of Articles 6 and 7 of this contract and raises the standard of property service fees without authorization, the owner and the property user shall have the right to refuse to pay the excess portion; the owner and the property owner have already collected Have the right to ask Party B to return twice.

Article 33 If Party A violates the provisions of Article 17 of this contract and refuses or delays the performance of the warranty obligation, the owner or the property owner may repair it by himself or by entrusting Party B. The repair cost and other losses caused shall be borne by Party A.

Article 34 Party B shall not be liable for the following circumstances:

1. The property management service was interrupted due to force majeure;

2. Party B has fulfilled the obligations stipulated in this contract, but the loss caused by the inherent nature of the property;

3. Loss caused by repairing and maintaining the shared parts of the property, sharing the facilities and equipment, and having informed the owner and the property user in advance, temporarily stopping the water, powering down, and stopping the use of the shared facilities and equipment;

4. Loss caused by the operation obstacles of water supply, power supply, gas supply, heat supply, communication, cable TV and other shared facilities due to non-Party B's responsibility;

5,.

Chapter IX Other Matters

Article 35 The term of this contract shall be from the date of the year to the day of the month; however, this contract shall be automatically terminated when the property management contract signed by the owner's committee on behalf of all the owners and the property management enterprise is effective within the term of this contract.

Article 36 If the owner's meeting has not been established before the expiration of this contract, Party A and Party B shall reach an agreement on the extension of the term of the contract; if the parties fail to reach an agreement, Party A shall select a new one before the expiration of this contract. Property management company.

Article 37 When the contract is terminated, Party B shall hand over the property owned by the owner, such as property management houses and property management materials, to the owners' committee in a timely and complete manner; if the owners' committee has not been established, it shall be handed over to Party A or escrow. .

Article 38 The contract for the sale and purchase of a property signed by Party A and the property buyer shall include the contents stipulated in this contract; the purchaser of the property signing the contract for the sale of the property shall be a commitment to accept the contents of this contract.

Article 39 The owner may agree with the property user on the rights and obligations of this contract, but if the property user violates the provisions of this contract, the owner shall bear joint and several liability.

Article 40 The subsidiary file of this contract is an integral part of the contract and has the same legal effect as this contract.

Article 41 If the contract is not completed, the parties may separately sign a supplementary agreement in writing. If the supplementary agreement conflicts with this contract, this contract shall prevail.

Article 42 If a dispute arises in the performance of this contract, it shall be settled through negotiation between the two parties. If the negotiation fails, the two parties may choose the following way:

1. Apply to the Arbitration Commission for arbitration;

2. File a lawsuit in the people's court.

Article 43 This contract shall be in one copy, and both parties shall be responsible for each.

person A person B

Legal representative legal representative date