Give a pre property management agreement?

1. Can the pre-property management contract bind the subsequent owners?

1. The pre-property management contract can bind the later owners. Here's why:

1) Although the owner is not directly involved in the signing of the pre-property management contract, the owner must be bound by the pre-property management contract;

2) The developer has the right to choose a property management company for pre-property management, and the owner has agreed on the pre-property management in the commercial housing sales contract signed with the developer at the time of purchase, so the owner actually recognizes the pre-property management contract signed by the developer after signing the purchase contract.

2. Legal basis: Article 939 of the Civil Code of the People's Republic of China.

The pre-property service contract signed between the construction unit and the property service provider in accordance with the law, as well as the property service contract signed between the owners' committee and the property service provider selected by the owners' general meeting in accordance with the law, shall be legally binding on the owners.

Article 940.

Before the expiration of the service period agreed in the pre-property service contract concluded between the construction unit and the property service provider in accordance with the law, the property management service contract entered into by the owners' committee or the owner and the new property service provider shall take effect, and the pre-property management service contract shall be terminated.

2. How long is the term of the property contract in the early stage of the property?

The term of the property contract in the early stage is about three years, which means that the property contract will be terminated after three years, and the owner can decide whether to renew the property contract with the property company. From the day the property contract is signed, the property contract takes effect, the property service is implemented, and the owner can seek help from the property regarding matters related to the community such as vehicles and public equipment.

Legal analysis: The property management contract in the early stage can bind the owner. Even if the owner does not participate in the signing of the contract related to property management in the early stage, the relevant owner is bound by the contract related to property management in the early stage.

Under normal circumstances, the developer has the right to choose a property management company to manage the property in the early stage, and the owner has agreed on the pre-property management matters in the commercial housing sales contract signed with the developer at the time of purchase, and the owner has recognized the relevant contract of the pre-property management signed by the developer after signing the purchase contract.

Legal basis: "Regulations of the People's Republic of China on Property Management" Article 22 The construction unit shall, before the sale of the property, formulate a temporary management statute, and make an agreement on the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the convention. The interim management regulations formulated by the construction unit shall not infringe upon the rights and interests of the property buyer.

Pre-property management agreement Party A: Party B: Party A refers to:

real estate development units or property management enterprises entrusted by them; Party B refers to: the buyer (owner). Pre-property management refers to:

The property management from the date of the house ** to the effective date of the "Property Management Contract" signed by the owners' general meeting and the selected property management company. The name of the property: the sale of the house purchased by Party B (pre-sale difference) contract number:

The basic situation of the house purchased by Party B: type of location construction area square meter According to relevant laws and regulations, on the basis of voluntary, equal and consensus, when Party B signs the "Housing Sale (Pre-sale) Contract", Party A and Party B have reached the following agreement on the pre-property management services: Article 1, the rights and obligations of both parties 1. Party A's rights and obligations 1. Provide services to Party B according to the pre-property management agreement; 2. According to the relevant laws and policies and the temporary convention of the owners of the community, combined with the actual situation, formulate the property management system of the property and the "Property Use Code" and inform Party B in writing; 3. Establish and improve the property management archives of the property; 4. Stop violating the property management system of the property and the "Property Use Code"; 5. The property management enterprise may entrust a professional company to undertake the special management and service business of the property, but shall not transfer the overall management responsibility of the property to a third party; 6. Collect property management fees from Party B in accordance with this agreement; 7. Prepare property management services and financial annual plans; 8. Publish the income and expenditure accounts of property management expenses to Party B every month; 9. Inform Party B in writing of the precautions and restrictions for decorating and decorating the house in advance, and sign the "House Decoration Management Agreement" with Party B; 10. Do not occupy the common parts of the property, share facilities and equipment or change their use functions; 11. Provide Party B with paid services such as maintenance and maintenance of self-use parts of the house and self-use facilities; 12. Within 5 days from the termination of this agreement, go through the property management transfer procedures of the property with the property management company selected by the owners' committee, and the property management transfer procedures shall be confirmed by the owners' committee;

Legal analysis: the term of the pre-property service contract can be agreed; However, if the property service contract signed by the owners' committee and the property management enterprise takes effect before the time limit expires, the previous property service contract shall be terminated. It can be seen that the owners can set up the owners' meeting and the owners' committee in accordance with the law to find the property management company after looking for the property management company, when the owners' meeting and the owners' committee are established in accordance with the law and find the property management company to sign the property management contract, all the relationship with the current property management company is automatically terminated, under normal circumstances, the developer and the property management company signed a pre-property service contract, the contract can stipulate the service period, but the period can not limit the specific performance of the contract; After the establishment of the general meeting of owners of the community, even if the contract period has not expired, the owners can convene a general meeting of owners to re-appoint the property management company, and will not be liable for the early termination of the previous property contract.

Legal basis: Article 26 of the Property Management Regulations Article 26 The term of the pre-property service contract can be agreed; However, if the property service contract signed by the owners' committee and the property management enterprise takes effect before the time limit expires, the previous property service contract shall be terminated.

1. What are the contents of the business management agreement in the early stage?

The contents of the pre-property management agreement are as follows:

1. Basic information of both parties to the contract;

2. The standard and collection method of service fees;

3. Quality of service;

4 Service matters;

5. Use of maintenance funds;

6 Term of Service;

7 Service handover, etc.

When signing a property service contract, you need to read the terms of the contract carefully.

2. What are the precautions for the pre-property management agreement?

Considerations for the pre-property management agreement include:

1. The names and addresses of the parties. Party A (the principal) of the contract is the property management committee elected by the owner or user of a property, and Party B (the entrusted person) is the property management company;

2 Manage projects. That is, the name, location, area, and boundaries of the real estate to be managed;

3 Manage content. That is, specific management matters, including the use, repair and maintenance of the house; the use, maintenance, maintenance and management of public facilities such as fire protection, elevators, mechanical and electrical equipment, street lights, corridors, bicycle rooms (sheds), landscaping, ditches, canals, pools, wells, roads, parking lots, etc.; cleanliness and hygiene; vehicle driving and parking; public order; Other property management matters stipulated by the competent real estate department or the entrusted management contract;

4 Administrative Expenses. That is, the management fee charged by the property management company to the owner or user. The charging situation of property management is more complex, and the charging standards are different for different management matters.

Some charges are clearly stipulated in the regulations, such as seasonal heating charges; Some charges are negotiated with the property management committee, such as the parking fee in the parking lot. These charges should be clearly specified in the contract.

5 Rights and Obligations of the Parties.

6 Duration of Contract. i.e. the start and end dates of the contract;

7 Liability for Breach of Contract. The parties agree on their respective liabilities in the event of non-performance or incomplete performance of the contract;

8 Miscellaneous. The parties may stipulate other unfinished matters in the contract, such as risk liability, adjustment and arbitration, modification, supplementation and termination of the contract, etc.

3. What is a pre-property service contract?

The pre-property service contract refers to the agreement reached between the property construction unit and the property service enterprise on the rights and obligations of both parties in the pre-property management stage, and is the basis for the property management service enterprise to be authorized to carry out property management services.

Article 21 of the "Property Management Regulations" stipulates that before the owners and the owners' general meeting select and hire a property management service enterprise, the construction unit shall sign a written pre-property service contract. The parties to the pre-property service contract not only involve the construction unit and the property service enterprise, but also involve the owner.

In practice, the sale of a property and the owner's move in is an ongoing process. It is unrealistic to require owners with more than 2 3 voting rights to vote for a general meeting of owners at this stage, and property management services at this stage are required. Therefore, in order to avoid the vacuum of property management before the selection of property management service enterprises at the owners' meeting, the main body of responsibility for property management services in the early stage should be clarified, and the property management activities in the early stage should be standardized.