How should a property service company sign a property service contract with the owner?

A friend asked how the property service company should sign a property service contract with the owner. As far as the author understands, the property service company signs the property service contract with the owner, which is divided into two stages.

The first stage refers to the stage of signing the "Preliminary Property Service Contract". This early stage refers to the stage before the establishment of the owners' committee and before the owners' meeting formally selects the property service company. At this stage, after the purchase of the house, most of the owners have not yet moved in, and only a small number of owners have moved in, but they also need someone to manage the property.

According to the principle of separation of real estate development and property management, real estate developers cannot directly manage properties. In order to standardize the early-stage property management work, Article 21 of the "Property Management Regulations" stipulates that the construction unit selects and employs qualified property-service enterprises through bidding, and signs a written "Pre-property Service Contract".

The "Contract" should include the basic information of both parties, the property situation, the rights and obligations of both parties, the content of the property service scope, service quality, service fee, liability for breach of contract, service period and other terms.

After the property service company signs the "Preliminary Property Service Contract" with the construction unit, it should also sign the "Preliminary Property Service Contract" with the owner who has already moved in, agreeing on the rights and obligations of both parties. After the owner signs the contract, it means that he accepts the services of the property service company. Fulfill obligations such as paying property service fees.

The second stage refers to the stage that the owners' meeting selects a property service company and signs a "Property Service Contract". After most of the owners of the community have moved in, they can hold a general meeting of owners and set up a committee of owners. The owners' committee organizes and coordinates the convening of the owners' meeting, decides to select a property service company, and signs a "Property Service Contract" with the selected property service company.

In order to protect the legitimate rights and interests of both parties to the contract, the relevant state departments have formulated a standardized and complete property service contract model, including the basic information of the property, the rights and obligations of both parties, the content of the property service scope, service quality, service fees, breach of contract liability, service period and other terms . On the basis of the above content, the owners' committee and the property service company may also supplement relevant content through equal consultation and consensus according to the actual situation.

It should be noted that it is necessary to do a good job in the connection between the "Preliminary Property Service Contract" and the formal "Property Service Contract". Before the owner's meeting selects a property service company, the "Preliminary Property Contract" signed by the construction unit and the property service company shall stipulate the service period, and the contract shall be terminated when the agreed period expires. However, before the new property service company takes over, the original property service company should renew the "Preliminary Property Service Contract" in advance to ensure the normal operation of the property service.

If the period of the "Preliminary Property Service Contract" has not expired, the owners' meeting will hire another property service company and sign the "Property Service Contract". When the "Property Service Contract" signed by the service company takes effect, the "Preliminary Property Service Contract" is terminated.

Of course, if the owners' meeting still selects the previous property service company and signs the "Property Service Contract", it is logical that the original property service company will continue to provide property services and collect property service fees.