APARTMENT HOME MANAGEMENT CONTRACT
___________________ (Place)
___ 2012. No. _____________. ________
Apartment buildings in ___________________ (city) ______________________________________________ (address, website name) housing, non-residential premises and artist studio owners, hereafter – Owners, expressing their free will, on the one hand, and
Limited liability company “”, Reg. No. _______________, Registered office in Riga, __________________, LV-___________, Board ________________ person acting on the basis of the Articles of Association, hereinafter referred to as – The Governor, on the other hand, both hereinafter referred to as the – Parties, by mutual consent, without mistake, fraud and coercion enter into such an agreement, hereinafter – the Agreement:
First CONTRACT
1.1. Owners instructs and authorizes the Governor, but the Governor of the Treaty undertakes to pay to manage the property, whose address is (cadastral number. __________), Which consists of land _______ sq. m, and it is located in a residential building and the functionally related structures of ownership and joint ownership of the linked plots that need a home maintenance, hereinafter – Property.
1.2. The Parties agree that the owners of co-owned share of the residential properties owned by the co-owned apartment building part of which consists of walls, flat, non-residential space or artist studio partition walls, roof, attic, staircases, basements, as well as windows, doors, utilities , introduction to communication in the apartment (except for heating, if there is no technical possibility to disable siltumķermeni), as well as the residential properties owned by the co-owned part of the equipment and other home-related functionally indivisible elements, non-residential, non-residential premises, or artist’s workshop, as well as the land, if no other person or entity owned.
Second MANAGER RESPONSIBILITIES AND RIGHTS
2.1. The manager is responsible for keeping the property management under the Treaty rules, the owners’ meeting decisions and applicable laws and regulations, including:
2.1.1. maintenance of residential buildings (natural preservation) in accordance with statutory requirements:
a) residential house sanitary maintenance;
b) heating, cold water and sanitation, and solid waste disposal;
c) residential buildings, equipment and communications visual inspection, maintenance and running repairs;
d) the dwelling house as the object of the requirements of environmental enforcement;
e) residential home energy efficiency minimum requirements for enforcement;
2.1.2. management in planning, organizing and monitoring, including:
a) Management plan of work, including the maintenance of the action plan, the preparation of
b) the next year’s draft budget preparation;
c) the organization of financial records;
2.1.3. residential home maintenance things;
2.1.4. information to state and local authorities.
2.1.5. On behalf of the owner to enter into contracts with utility providers, providing a constant supply of such services to owners:
Heat supply;
Cold water supply and sewerage connections;
Household waste collection;
Elevators service;
The fire service equipment;
Power supply;
Deratization and disinfection;
The heating systems, water, sewer,
elimination of emergency power supply systems;
The supply of natural gas;
Boiler house maintenance and operation;
Manager is authorized to enter into other agreements necessary for property management and maintenance;
2.1.6. Divided between the owners of the property management fees and costs for utilities in accordance with the supplier’s invoice. All calculations are made in proportion to the apartment, artist’s workshop or a total area of non-residential premises, other than heating, for which calculations are made at the apartment area, and excluding services to which the records are made on the basis of an apartment, artist’s studio or non-residential space located measuring equipment.
2.1.7. Charge the appropriate bills, according to this Agreement, to the owners, including from those who are not members of this Agreement, the cost of the necessary expenses of administering the estate (including the required repairs) and costs for utilities, as well as see to it that these payments are made on time.
2.1.8. Take the proper administration of documents related to the registration and custody in accordance with the regulations.
2.1.9. Prepare and submit for approval the planned meeting of the owners of the property management necessary expenses and necessary repairs to planned expenditures.
2.1.10. Prepare and submit a written report of the owners in this Agreement Manager to management tasks, including a statement of the manager of a financial resources and property is put up to May 31 of each year.
2.1.11. At the request of the owner to provide information on its Treaty obligations.
2.1.12. Manager responsible for the management of the property to the extent that owners with their payments to ensure adequate funding for the management of operations and the delivery of basic services.
2.2. Manager is entitled to:
2.2.1. for communication and joint ownership of property features a visual inspection and repair, not later than three (3) days prior to bringing this works with the owner, if the pursuit of these activities related to the penetration of a particular residential property belonging to the owner / artist studio or non-residential space, but emergency situations – immediately, matching the course of their work;
2.2.2. if necessary, to property revenue and expenditure not considered work if this work confirm the need for an expert in Latvian construction standards and procedures provided for in cases where the execution of the required work has not yet been accumulated sufficient financial resources:
– Written notice to the owner trustee (purposes, individual / group of individuals), if the work costs less than £ ……. (……. LVL);
– Owners of the authorized person (purposes, individual / group of persons) a written authorization if the work costs less than £ ……. (……. LVL);
– Owners of the general meeting, if the work costs more than £ ….. (….. LVL);
2.2.3. to give guidance to owners health, safety and fire protection standards;
2.2.4. if necessary, convene a meeting of the owners;
2.2.5. to take all necessary actions for debt recovery laws and regulations, if any of the owners contractual maturity, amount and procedure fails to make the payments;
2.2.6. The Governor is authorized to represent the owners’ interests in matters relating to the management of the property state, local authorities and other bodies, in relation to all natural and legal persons, as well as the courts, including order / submit and receive all the necessary documents, certificates and other data at national and local government authorities, including the State Land Service, Land Registry and the Office of Citizenship and Migration Affairs;
2.2.7. this contract that require them to manage is the power to raise the necessary staff.
2.3. Owners empowers managers to coordinate their activities on behalf of owners who are, or may refer to a specific element and its laws in order.
2.4. The manager has denied any kind of operating credit institutions in raising funds on behalf of apartment owners. Manager has the right to take such action only in the meeting of the owners decision.
3rd OWNERSHIP RIGHTS AND OBLIGATIONS
3.1. Owners are required to:
3.1.1. participate in the administration of the estate in accordance with the provisions of the contract, the owner of the general meeting’s decisions and regulations;
3.1.2. time and in full to The manager of all contractual payments contractual procedures;
3.1.3. Owners of the Trustee (the staff) should have access to the owner user property, if there is an accident or cease to co-ownership of existing communication / equipment, and no later than three (3) days if there is a need for total communication, wall construction survey and repair work. Otherwise, the owner takes full responsibility for all the risks and material losses in personnel manager was denied the opportunity to carry out their functions, to manage the property. If the supervisor’s staff denied the opportunity to fulfill their functions (for reviews, perform repair work), because in space conversion, interferes with the furniture arrangement, owner removes the obstacles faced at their own expense;
3.1.4. The manager immediately report the findings of public space, communications, construction and other features of the property damage or conditions that can cause such damage;
3.1.5. reprogramming of apartment properties, engineering equipment and installations in the replacement only after the laws and regulations of a coherent project;
3.1.6. to comply with certain laws and regulations space usage and conversion rules, health standards, safety and fire regulations, respect the houses shared ownership;
3.1.7. to comply with other provisions in accordance with the decisions of the general meeting of owners.
3.2. Owners have the right to:
3.2.1. Contractual basis to the manager about his activities Article 2.1 above tasks;
3.2.2. The manager to submit proposals and suggestions of property management issues.
4th CHARGES AND PAYMENT
4.1. Necessary expenses of property management that is management fee of 7.1 of the contract date is set £ ………….. (…………….. Cents) for each housing estate square meter floor area per month, excluding VAT. Management fees within the prescribed list of works and their periodicity is presented in Annex 1, which is an integral part of this agreement.
4.2. The required amount of expenses Property management can be changed owners for deciding the general meeting, and if the owner is decided at the general meeting to receive additional management services for these service rates. If a meeting of the owners can not be decided within 3 (three) months after the manager of the necessary amount of expenses Property management has informed the owners, the changes come into force on the third month after the notification of owners and is valid until the next meeting of the owners deciding on the amount of the expenditure required property management. The fee changes Trustee shall notify the owner of the publication of the monthly expense in the second half.
4.3. Owners take any case to cover the cost of the supervisor’s management works, performed by a manager under the existing law, if a manager changes the expenditure declared to the owners of at least one month before the publication of the monthly expense in the second half.
4.4. In addition to the necessary expenses of administering the estate settled with the owners of Governors:
– The Treaty 2.1.5.punktā these services, in accordance with agreements concluded with these providers;
– For work carried out, which made the procedure of Article 2.2.2.
4.5. The Parties agree that the necessary expenditure needs repairs every month Owner pays £ _________ (………..) for each residential property square meter floor area. That fee is paid at the same time the management fee.
4.6. If houses the cold water inlet, as well as all residential properties have installed meters, while the total meter house and apartment properties fixed water consumption gap is formed (hereinafter – the water margin) are made water conversion, water splitting the difference in proportion of water consumption of apartment properties. The Parties agree that, if the owner fails to comply with the meter verification arrangements or two consecutive months not available on the counter, manager calculates water consumption by Cabinet Regulation No. 1013, on 09.12.2008.
4.7. The Parties agree that the services for which consumption is accounted for apartments, artists’ studios or non-residential premises meter readings, the calculation is made in proportion to the size of the residential property.
4.8. All dealings with the owners of Governors is made, including money manager in the bank account on the basis of invoices issued manager until the last day of each month. The Parties agree that the Trustee shall prepare invoices electronically and are valid without a signature. The invoice shall be deemed to have been received if the owner does not notify the non-receipt date to 25.
The bill is sent to the property of the mail box with the corresponding number of the property, which
The owner can change the writing showing the way, including electronic. Fees have been received by the Manager to enter the bank account.
4.9. Manager is entitled to calculate and charge the owner a fee for late 0.1 (zero point one percent) of the overdue payment amount for each day of delay, if the owner is not timely made the payments provided for in the Treaty. The owner of the payment is credited to early late fee has been paid, and only after the debt cancellation.
5th LIABILITY OF PARTIES
5.1. Parties are mutually accountable to each other for any damages resulting from any of the other Party’s action or inaction, the Latvian laws and regulations.
5.2. Parties shall not be liable to each other for the contract for default or improper fulfillment of the occurrence of the force majeure circumstances such as natural disasters, fire, etc.., The Parties could provide and reasonable means to prevent.
5.3. The manager responsible for the contract service interruptions or inadequate quality, as long as it does not blame manager.
5.4. If the owner misses any contractually agreed payment is more than thirty (30) days, the Trustee written notice to owners of at least ten (10) days notice, be entitled to terminate any service for this owner in order to protect the rest of the owners entitled to an uninterrupted supply of services, other than the services that are provided to property as a whole.
6th Meeting of the owners
6.1. The Governor shall convene a meeting of the owners, at least one week’s written notice to the owners and posting a notice at the houses visible, indicating a general meeting of owners venue, time and agenda.
6.2. Owner of a general meeting shall be taken by all owners of apartments majority. Each owner has as many votes as residential property is owned. This general meeting is binding on all owners.
6.3 general meeting of owners are recorded. Recorded in the minutes of the general meeting of owners all the decisions. Protocol signed by the chairman of the meeting and the minute taker, it is added to the registration page of a meeting of members in attendance signatures. Protocol is executed in a single copy, and it is stored at the manager. Owners are entitled to general meetings extracts.
6.4. The Parties agree that the meeting can be organized in the form of a questionnaire.
6.5. The decision on the termination of the Agreement shall be taken at the general meeting of owners in organizing the presence of the majority of owners.
7th DURATION
7.1. The Agreement shall enter into force on the date on which the Parties have signed it starts its operations manager of __. __.2011, And is valid for 1 (one) year – by 2012 ____. ________.
7.2. If the owner has not taken a decision at the general meeting of termination, and three (3) months prior to the Governors informed of the termination, the Agreement shall be renewed for subsequent one (1) year on the same terms.
7.3. Manager is entitled to terminate the Agreement, three (3) months prior written notice to the owner.
7.4. Owners have the right to terminate the Agreement if the termination is considered appropriate to the general meeting and in writing within 3 (three) months before the Governors informed of termination.
7.5. Simultaneously with the termination of the Contract Manager is obliged to transfer of ownership to the trustee all property management related documents, as well as the Parties shall agree on mutual financial liability disputes.
8th FINAL PROVISIONS
8.1. All disputes and disagreements between the Parties that may arise during performance of the contract shall be settled by negotiations. If the Parties reach agreement in this way fail, disputes laws and regulations settled in Latvian courts of the Republic.
8.2. The Agreement may be supplemented or amended, the Parties following additions or amendments in the form of a written signature of this agreement and adding it to the Agreement as an integral part of the case invalidates any provision of the Agreement shall not affect the other provisions of the Treaty legal effect.
8.3. The contract represents the full agreement between the Parties, the Parties have to read and agree to all the terms thereof, as evidenced by the signing of the Treaty.
8.4. Agreement is made in the Latvian language, which is understood by the Parties, in two copies, one to be kept by the owner trustee and manager. At the request of any owner, manager issued a copy of this Agreement, the Manager of the original certifying official. Contract is informative Russian translation, Russian-speaking population in order to provide a thorough understanding of the language of the contract in the state language.