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Real Estate Contract: Community Owners Agreement
In order to strengthen the property management of _________ (hereinafter referred to as "the property"), safeguard the legitimate rights and interests of all owners, ensure the safety and reasonable use of the property, maintain public order, and create an excellent environment, Agree to sign this convention and agree to abide by it.
The purpose and basis of the first article
In order to ensure the legal and reasonable use, maintenance and management of this property, establish good public order, and create a safe and civilized life, Working environment, safeguarding the common interests and legitimate rights and interests of owners, and formulating a covenant for owners within this property management area (hereinafter referred to as this covenant) in accordance with the "Property Management Regulations" and other relevant laws and policies.
Article 2 Validity of the Convention
This Convention covers 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 by those who violate the convention. Agreements on other matters are made in accordance with the law and are binding on all owners and property users within the property management area.
Article 3 Basic Information of the Property
Property Name: _________;
Location: _________;
Total Building Area: _________ ;
State-owned land use certificate government approval number: _________;
Land use: _________.
Article 4 Management Method
Property management within this property management area shall be carried out through the selection and employment of property management enterprises in accordance with the law. The owners and the property management enterprises shall manage the houses in accordance with the property service contract. and supporting facilities, equipment and related sites for repair, maintenance and management, and maintain environmental sanitation and order in the relevant areas.
An owners' meeting will be established in this property management area. The owners' meeting is composed of all owners within the property management area. The owners' meeting represents and protects the legitimate rights and interests of all owners in property management activities. The owners' congress establishes the owners' committee as the executive agency.
The discussion methods, voting procedures, methods for determining owners’ voting rights, the composition and term of the owners’ committee, working expenses, seal management and use and other matters of the owners’ meeting shall be stipulated in the rules of procedure of the owners’ meeting in accordance with the law.
Article 5 ***Have partial ownership
According to relevant laws, regulations and property sales contracts, the owner enjoys ownership of the following property’s most used parts, most used facilities and equipment :
1. All utilitarian parts owned by all owners of a single building, including the load-bearing structure and main structure of the building, the entrance hall, and the entrance hall. *Corridors, public stairwells, outdoor walls, roofs, ________, etc.;
2. All the public facilities and equipment provided by all owners of a single building, including The water supply and drainage pipes, downpipes, water tanks, water pumps, elevators, heating and cooling facilities, lighting facilities, fire protection facilities, lightning protection facilities, etc. in the building;
3. All owners in the property management area are responsible for *** Some public parts and public facilities and equipment include walls, pools, lighting facilities, houses used for public facilities and equipment, property management buildings, etc.
Article 6: Exclusive Part Ownership
The owner shall have the right to possess, use, benefit from and dispose of the exclusive part of the property, but shall not hinder other owners from normal use of the property.
Article 7 Neighboring Owners
Owners shall abide by the provisions of laws and regulations, and act in a manner that is conducive to the use, safety, cleanliness, fairness and reasonableness of the property, and does not harm the interests of the public and the public. In accordance with the principle of the interests of others, the relationship with neighboring owners shall be properly handled in terms of power supply, water supply, heating, gas supply, drainage, traffic, ventilation, lighting, decoration, environmental sanitation, and environmental protection.
The owner should promptly repair the damaged parts and facilities in the house that affect the rights and interests of adjacent owners; when the owner discovers that the public parts and facilities in the house that are the responsibility of the public to repair are damaged, he should notify the owner in time. Property management companies and take reasonable measures to prevent losses from expanding.
Article 8 Property Use
1. Owners should use the property according to the designed purpose, consciously keep the property clean and beautiful, and comply with relevant government regulations on city appearance and environmental requirements.
2. Do not change the structure, appearance and use of the house without authorization; occupy the public parts and public facilities and equipment; use the public parts to build buildings, structures, etc. The details are as follows:
(1) External air-conditioning equipment should be installed in designated locations;
(2) No items should be hung or dried outside the balcony or outside the window;
(3) Do not post or install any signs, billboards or slogans that can be seen from the outside without authorization.
3. If the design use of the property needs to be changed due to special circumstances, the owner should obtain the written consent of the adjacent owner, submit it to the relevant administrative department for approval, and inform the property management company.
Article 9 Used parts, facilities and equipment shall be operated in accordance with the law
Used parts, facilities and equipment of the property within the property management area shall be operated in accordance with the following terms Operation and income distribution of occupancy facilities and equipment:
1. To use the most occupancy parts of the property and the most occupancy facilities and equipment for operations, after obtaining the consent of the relevant owners, owners' meeting, and property management enterprises , go through relevant procedures in accordance with regulations.
2. If the owner uses the special parts of the house and the special facilities and equipment that the owner legally enjoys for business operations, the owner’s income shall belong to all owners of the building and shall be the main owner of the building. Used to supplement special maintenance funds.
3. If the owner uses the public facilities and equipment within the property management area that the owner legally enjoys for business operations, the owner’s income shall belong to all owners and be mainly used to supplement special maintenance funds.
4. _________.
Article 10 Decoration
1. When the owner or property user decorates or decorates the part for his or her own use, he or she shall register with the property management enterprise and sign a decoration management service agreement with it.
2. The owner shall engage in decoration activities in accordance with the decoration and decoration management service agreement, abide by the precautions for decoration and decoration, and shall not engage in prohibited acts of decoration and decoration.
3. Owners should place decoration materials and decoration waste in designated places, and are not allowed to occupy used parts of the property and public places without authorization.
4. The decoration and decoration construction time in this property management area is _________, and no construction is allowed at other times.
5. If the decoration of the house affects the normal use of the functional parts of the property, functional facilities and equipment, and infringes upon the legitimate rights and interests of neighboring owners, the owner should restore it to its original state in a timely manner and bear corresponding liability for compensation. .
Article 11 Management of the use of public facilities
1. Owners should reasonably use water, electricity, gas, heating and other public facilities and equipment in accordance with relevant regulations. No unauthorized modification is allowed.
2. The owner should install the air conditioner according to the location reserved in the design. If the location is not reserved in the design, the air conditioner should be installed in the location specified by the property management company, and the noise and condensation water should be treated as required.
3. When using elevators, owners and property users must comply with the elevator usage management regulations in the property management area.
4. If the facilities and equipment used in the service area are damaged due to human factors, the person responsible for the damage shall be responsible for repairing or compensating for the loss.
Article 12 Maintenance of public order
1. Protect the public environment and do not encroach on public green space or damage green space, gardens, and sketches in the property area and other public facilities and equipment;
2. Do not pile up, dump or abandon garbage and debris at will. Garbage should be piled up according to the designated time and place to avoid being scattered;
3 , Do not graffiti or post casually in public areas;
4. Do not make noise that affects the normal life of other owners.
Article 13 Prohibited Behaviors
The following behaviors are prohibited within the property management area:
1. Damage the load-bearing structure and main structure of the house, and damage the appearance of the house, Changing the design use of the house without authorization;
2. Occupying or damaging the most used parts of the property, the most used facilities and equipment and related sites, and moving the most used facilities and equipment of the property without authorization;
< p>3. Illegal construction and private stalls;4. Dumping or discarding garbage and debris in non-designated locations;
5. Stacking flammable and explosive materials in violation of relevant regulations , highly toxic and radioactive items, emitting toxic and harmful substances, and emitting excessive noise;
6. Hanging, posting, altering, and engraving on the most used parts of the property and related places without authorization;
7. Use the property to engage in activities that endanger public interests and infringe upon the legitimate rights and interests of others;
8. ________;
9. Other behaviors prohibited by laws and regulations.
Article 14: Breeding of Animals
Owners and property users shall not violate relevant regulations when raising animals in the property management area, and shall abide by the following agreements:
< p>1. ________;2. ________.
Article 15 Motor Vehicle Management
1. The driving speed of motor vehicles in residential areas should be less than 5 kilometers per hour;
2. Vehicles should enter and exit according to the following regulations: Documents are required;
3. Motor vehicles should be parked in special parking spaces, and parking in fire escapes, manhole covers, sidewalks, green spaces and other places is prohibited;
4. Parking spaces can only be used For the purpose of parking vehicles, you are not allowed to install any devices on the parking space by yourself;
5. During night parking, the anti-theft alarm should be muted, and the noise should be eliminated quickly;
6. The allocation method of parking spaces in the property area is the following _____________.
(1) After setting aside an appropriate number of visitor parking spaces, register and allocate them in order;
(2) Allocation in rotation;
(3) Draw lots way to distribute.
Article 16 Selection and dismissal of property management companies
1. The selection and dismissal of property management companies must be based on the voting rights of more than 2/3 of all owners in the property management area. Passed;
2. The owners committee shall sign a property service contract with the property management company on behalf of the owners in accordance with the decision of the owners meeting;
3. The validity of the property service contract will not be lost with the change of property ownership. .
Article 17 Payment of Property Service Fees
1. The owner shall pay the property service fee to the property management company in accordance with regulations or agreements. If the owner is unable to pay the property service fee on time for any reason. , should entrust others to pay it on time or make up for it in time. And pay water, electricity, gas and other energy bills and heating bills on time.
2. If the owner entrusts the property management company to repair, maintain and provide other special services for its own parts and equipment, it shall pay relevant fees.
3. Owners of special maintenance funds for facilities and equipment used in the most used parts of the house should pay and use special maintenance funds in accordance with relevant regulations. When the maintenance funds are insufficient, they should raise additional funds in accordance with relevant regulations.
4. Other terms ________.
Article 18: Funds for the work of the owners’ meeting and the owners’ committee
1. The funds required for the owners’ meeting and the owners’ committee to carry out their work in accordance with the law shall be borne by all owners *** , is not included in the property service fee in this property area, and is responsible for raising and managing it by the owners' committee.
2. The raising, management and use of working funds of the owners' conference and the owners' committee shall be carried out in accordance with the relevant regulations formulated by the owners' conference in accordance with the law, and the use shall be regularly announced and the owners' inquiries shall be accepted.
Article 19 Insurance
Purpose parts, facilities and equipment and public liability insurance within the property management area shall be insured by all owners according to their property rights. Depending on the size of the share, you have rights and perform obligations, and the fees go into the property service cost or property service expenditure, and the property management company that provides property management services handles the relevant procedures on its behalf; the owner's family property and personal safety insurance are handled by the owner himself.
Article 20 Transfer of Property
1. When an owner transfers or leases the property he owns, he shall require the new owner and lessee to abide by the convention and state in the sales contract or lease Within one month from the date of signing the contract, notify the property management company of the transfer or lease of the house.
2. When the owner transfers the property, he should settle the property service fees with the property management company; if the property is leased and the lessee agrees to pay the property service fees, the owner shall be jointly and severally liable to pay according to the agreement.
Article 21 Liability for Breach of Contract
1. If any violation of this Convention causes personal injury or property loss to other owners, users, etc., the party concerned shall bear liability for compensation in accordance with the law.
2. If the property is delivered to others for use, and the owner and the property user agree that the property user will pay the property service fees, the owner shall be jointly and severally liable to pay according to the agreement.
3. Anyone who violates this convention shall be urged by the owners' committee to make corrections. The relevant parties may also apply for arbitration or file a lawsuit in the People's Court in accordance with the law.
Article 22 Definition
1. The exclusive part of the property referred to in this Convention refers to the houses, spaces, sites and related properties that are used independently and exclusively by a single owner. Facilities and equipment.
2. The term "usable parts" as mentioned in this Convention refers to the main load-bearing structure, exterior walls, foyer, etc. inside a house that are used by the owners and users of the entire house. Stairwells and other buildings that serve the entire building in use and function.
3. The term "public facilities and equipment" as mentioned in this Convention refers to the water pipes, elevators, power supply and distribution facilities used by owners and users in property management areas or single buildings. Equipment, fire protection and safety monitoring facilities and equipment, public welfare cultural, sports and recreational facilities, green spaces, roads, street lights, non-commercial parking lots and houses used for related public facilities and equipment, etc.
Article 23 Adoption of the Convention
This Convention was approved by more than 2/3 of the voting rights of all owners at the first owners meeting on _________month____________year , effective from the date of adoption.
Article 24 Modifications and Supplements to the Convention
Decisions on this Convention passed by the Owners’ Congress meeting are an integral part of this Convention; amendments to this Convention are approved by the Owners’ Congress meeting ; Matters not covered in this Convention shall be supplemented by the owners' conference meeting.
Article 25 Covenant Filing
The owners’ covenant formulated and revised shall be reported to the local property management department for filing in accordance with regulations.
Article 26 Preservation and enforcement of the covenant
Each owner shall keep one copy of this covenant, the owners committee shall keep three copies, and the local property management department, sub-district office (township people’s office) government) and community residents committee.
_________[District]/[City]/[County]____________(property name) Property Management Owners Meeting
_________year____month____day
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