Property management plays a very important role in our lives. It helps owners manage a series of matters such as community management by collecting corresponding property fees from owners. But it seems that many people don’t know much about the laws and regulations on property. So do you know who should sign the property service contract? In order to help everyone better master the relevant knowledge, I have carefully compiled the following content for your reference. I hope it will be helpful to everyone. Helps.
1. Who should sign the property service contract? The property service contract is usually signed by the owner or the owners committee and the property service company. Before the owners and owners' meeting select and hire a property service enterprise, the construction unit shall sign a written preliminary property service contract when selecting a property service enterprise.
2. What are the characteristics of a property service contract? 1. A property service contract is a civil contract based on equality and voluntariness. Customarily, a property service contract is also called a property management contract, but it is essentially different from the administrative contract signed by an administrative agency with relevant units to realize its administrative management powers. 2. The property service contract is a special entrustment contract. The basis for the property service contract is the entrustment of the owners' conference and the owners' committee, but it is different from the general entrustment contract. Legal basis: Article 919 of the Civil Code states: "A contract of entrustment is a contract in which the principal and the trustee agree that the trustee will handle the principal's affairs." An entrustment contract is based on mutual trust between the parties. Basically, any party to the entrustment contract can terminate the entrustment relationship at any time if it loses trust in the other party. During the performance of the property service contract, neither the property company, nor the owners, the owners' meeting, or the owners' committee may terminate the property service contract without authorization on the grounds of distrust. Only when the termination conditions stipulated by law or the contract are met, Only then can the property service contract be terminated in accordance with the law. In addition, the entrustment contract can be paid or free, oral or written, but the property service contract can only be a written and paid contract. 3. The property service contract is a contract with labor services as the subject matter. The obligation of property service companies is to provide labor services stipulated in the contract, such as house repair, equipment maintenance, security, cleaning, landscaping, etc. Property service companies have the right to receive remuneration after completing their agreed obligations. Property service contracts are also fundamentally different from contract contracts involving the provision of labor services. A contract is a contract in which the contractor completes the work according to the customer's requirements, delivers the work results, and the customer pays remuneration. Although the contract also involves the provision of labor services, the labor services provided by the contractor are only a means and not the purpose of the contract. The contractor should produce some material results with his labor services and bear the risks in the work. If the contractor fails to complete the work, If you do work, you are not allowed to ask for remuneration; and the property service contract contains specific labor services. As long as the property service company completes the agreed service behavior, the remaining risks will be borne by the owner. 4. The property service contract is a promise contract, a paid contract, a bilateral contract, or a demand contract. A property service contract is established when the owners committee and the property service company reach an agreement on the contract terms, and does not need to be based on the actual delivery of the property. A property service enterprise is a profit-oriented enterprise legal person that has obtained an industrial and commercial business license, participates in market competition, operates independently, and is responsible for its own profits and losses. It does not provide free property services, so the property service contract is a paid contract; according to the content of the property service contract, the owner, The owners' meeting, the owners' committee, and the property service companies all enjoy rights and perform obligations, so the property service contract is a bilateral contract; the property service contract involves a wide range of comprehensive services and has a very significant interest relationship, and the contract performance period is also relatively In order to avoid the disadvantage of difficulty in obtaining evidence for oral contracts, the "Property Management Regulations" clearly require that property service contracts should be concluded in writing and must be reported to the property management administrative department for filing, so it is a mandatory contract.
3. What matters should be included in a property service contract? The owners' committee should enter into a written property service contract with the property service company selected by the owners' meeting.
A property service contract shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management buildings, contract period, liability for breach of contract, etc.: (1) Property management matters, Mainly includes the maintenance and management of the most used parts of the property, the maintenance and management of the equipment and facilities used in the property and their operation, environmental sanitation, greening management, property management, public order, fire protection, transportation and other assistance management Services, property decoration management services, special maintenance fund escrow services, property file management services. (2) Service quality, that is, the specific requirements on the quality of services provided by property services. (3) Service fees are currently calculated in two main ways: one is calculated based on yuan per square meter; the other is calculated based on yuan per household. (4) Rights and obligations of both parties. (5) Management and use of special maintenance funds. (6) Property management users. (7) Contract term. The term clause should be as clear and specific as possible, or clearly stipulate the method for calculating the term. (8) Liability for breach of contract, that is, the legal liability that one or both parties to a property service contract should bear in accordance with the provisions of the law or the parties' failure to perform or improperly perform the contract. In addition, the property service contract generally should also state the basic information of both parties, the scope of the property management area, the contract termination and rescission agreement, the method of resolving contract disputes, and other matters agreed upon by the parties. The above is the relevant information I have compiled for you. In daily life, we should understand some commonly used legal knowledge, so that we can use legal knowledge to protect our rights when we need help.