The Commercial Property Management Agreement is a crucial document used when property owners seek to delegate the day-to-day management of their commercial real estate to professional property managers in Austria. This agreement is essential for properties such as office buildings, retail centers, industrial facilities, or mixed-use developments. It must comply with Austrian legal requirements, including the ABGB (Austrian Civil Code), UGB (Commercial Code), and relevant property management regulations. The document comprehensively covers service scope, fee structures, reporting requirements, maintenance obligations, and risk allocation between parties. It's particularly important in the Austrian context where property management (Immobilienverwaltung) is a regulated profession requiring specific qualifications and licenses.
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1. Parties: Identification of the property owner and the property management company, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including brief description of the property and the owner's intention to engage the manager
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Services', 'Management Fee', etc.
4. Appointment and Term: Formal appointment of the property manager, duration of the agreement, and renewal terms
5. Scope of Services: Comprehensive outline of property management services to be provided, including regular maintenance, tenant management, and financial administration
6. Manager's Obligations: Detailed responsibilities and duties of the property manager, including reporting requirements and standard of care
7. Owner's Obligations: Responsibilities of the property owner, including provision of necessary documentation and funding
8. Financial Management: Handling of property income and expenses, banking arrangements, and accounting requirements
9. Fees and Expenses: Management fees, reimbursable expenses, and payment terms
10. Insurance and Liability: Required insurance coverage and allocation of liability between parties
11. Data Protection: GDPR compliance and data handling requirements
12. Termination: Grounds for termination, notice periods, and post-termination obligations
13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
14. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Multiple Properties: Additional provisions for managing multiple properties, used when the agreement covers more than one property
2. Special Services: Provisions for additional services beyond standard property management, such as major renovations or development projects
3. Key Performance Indicators: Specific performance metrics and targets, used when the owner requires quantifiable management standards
4. Environmental Management: Special provisions for environmental compliance and sustainability initiatives
5. Emergency Services: Additional provisions for emergency response and out-of-hours services
6. Staff Management: Specific provisions regarding on-site staff employment and management, if applicable
7. Marketing Services: Additional provisions for property marketing and leasing services, if included in scope
1. Schedule 1 - Property Details: Detailed description of the property, including address, size, facilities, and current condition
2. Schedule 2 - Services Specification: Detailed breakdown of all management services to be provided
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, including base management fee, additional service fees, and expense categories
4. Schedule 4 - Key Contacts: Contact details for key personnel from both parties and essential service providers
5. Schedule 5 - Reporting Requirements: Templates and specifications for required reports and their frequency
6. Schedule 6 - Operating Budget: Initial operating budget and process for annual budget approval
7. Schedule 7 - Maintenance Schedule: Planned maintenance program and procedures
8. Appendix A - Power of Attorney: If required, formal authorization for the manager to act on behalf of the owner
9. Appendix B - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
10. Appendix C - Building Rules: Current building rules and regulations for tenants
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