The Commercial Property Management Agreement is essential for property owners seeking to engage professional management services for their commercial real estate assets in Australia. This document is typically used when property owners require comprehensive management services for commercial properties, including office buildings, retail centers, industrial facilities, or mixed-use developments. The agreement encompasses all aspects of property management, from daily operations and maintenance to financial management and reporting, while ensuring compliance with Australian federal and state-specific property laws. It defines the scope of authority granted to the property manager, establishes clear performance metrics, and outlines the fee structure for services rendered. The document is particularly important in the Australian context as it incorporates specific requirements under the Property Law Act, Property and Stock Agents Act, and relevant state-based legislation governing commercial property management.
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1. Parties: Identifies and provides full details of the property owner and the property management company
2. Background: Outlines the context of the agreement, including the property owner's desire to engage the manager and the manager's qualifications
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Authority: Formally establishes the property manager's appointment and scope of authority
5. Term of Agreement: Specifies the duration of the agreement, including start date and any renewal provisions
6. Property Manager's Services: Comprehensively lists all standard services to be provided by the property manager
7. Property Manager's Obligations: Details the specific duties and responsibilities of the property manager
8. Owner's Obligations: Outlines the property owner's responsibilities and commitments
9. Fees and Expenses: Details all management fees, commission structures, and reimbursable expenses
10. Financial Management: Covers rent collection, accounting procedures, and financial reporting requirements
11. Insurance and Liability: Specifies required insurance coverage and allocation of liability
12. Termination: Details circumstances and procedures for terminating the agreement
13. Dispute Resolution: Outlines the process for resolving disputes between parties
14. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment rights
1. Multiple Property Management: Include when the agreement covers multiple properties, detailing specific requirements for each
2. Special Services: Add when the manager provides additional services beyond standard property management
3. Environmental Management: Include for properties requiring specific environmental compliance or green building management
4. Development and Construction Management: Add when the property manager will oversee renovation or development projects
5. Marketing and Leasing Services: Include if the property manager is responsible for tenant acquisition and lease negotiations
6. Emergency Response Procedures: Add for properties requiring specific emergency management protocols
7. Staff and Contractor Management: Include when the property manager will employ on-site staff or manage contractors
8. Retail Specialty Provisions: Add for properties with retail components requiring specialized management
1. Schedule 1 - Property Details: Detailed description of the managed property/properties, including addresses and specific features
2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees, charges, and commission structures
3. Schedule 3 - Services Matrix: Detailed matrix of all services to be provided, including frequency and standards
4. Schedule 4 - Key Performance Indicators: Specific performance metrics and targets for the property manager
5. Schedule 5 - Reporting Requirements: Templates and requirements for all regular reports and financial statements
6. Schedule 6 - Authorized Expenditure Limits: Details of spending authorities and approval requirements
7. Schedule 7 - Emergency Contacts: List of emergency contacts and procedures
8. Appendix A - Required Insurance Coverage: Detailed insurance requirements and minimum coverage levels
9. Appendix B - Property Management Software and Systems: Specifications for property management systems and software to be used
10. Appendix C - Maintenance Schedule: Preventive maintenance schedules and procedures
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Retail Property Management
Office Building Management
Industrial Property Management
Mixed-Use Development
Shopping Center Management
Healthcare Facility Management
Hospitality Property Management
Warehouse and Logistics
Business Park Management
Relevant Teams
Legal
Operations
Property Management
Facilities Management
Asset Management
Maintenance
Finance
Compliance
Risk Management
Procurement
Real Estate
Contract Administration
Relevant Roles
Property Manager
Facility Manager
Asset Manager
Real Estate Director
Operations Manager
Building Manager
Commercial Property Officer
Leasing Manager
Property Services Coordinator
Maintenance Supervisor
Real Estate Portfolio Manager
Chief Operating Officer
Property Management Director
Compliance Officer
Legal Counsel
Contract Administrator
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