|英文摘要||In this paper, through content analysis and text analysis method, using the preferred strategy of transaction cost theory, from the perspective of the property management companies and the management committee to discuss the influence of the common model contracts and consulting contracts on apartment building management and maintenance. The main findings are as follows: the model contracts possess the more clearly specification, the service of scope and items, the assurance of business implementation, confidentiality obligations, and require the implementation of property management staff to perform service and management assessment, and must bear responsibility of divulging secrets and against the rights of property owners, etc. The consulting contracts|
only perform management and maintenance issues consulting, administrative services contract entrusted accepted proxy matters, management fees and collection calls. Property management companies have lower contractual obligations and responsibilities. On respect of preferential policies of property management companies and the management committees, if both choose the model contract, this contract will better capacity to protect the rights of the parties in the contract; if both choose the consulting contract,the management committees are able to engage in their own communities and reduce management and maintenance costs, but property management companies can keep a fixed revenue. If they entrusted to property management companies as the agent, they may also in danger of breach of fear Personal Data Protection Act and fined. Whether they choose the model contract or the consulting services contract, have agency problems.Finally, this paper additionally uses interviews method to find that the use of different contract models in the actual operation of property management exists the differences of professional supervision, contract control, the Labor Standards Act applies, the employment relationship, personnel training and service content. Therefore, this paper recommends that as the management committees choose the property management services contract, they should consider the factors of whether the owners of the apartment building have a high degree of participation, whether they have had a better composition of its management committee and the capacity of operational meeting.