The Commercial Property Management Contract is essential for property owners seeking professional management of their commercial real estate assets in Australia. This document is typically used when property owners want to delegate the day-to-day management of their commercial properties to professional property managers, ensuring efficient operation, maintenance, and financial management of the asset. The contract must comply with Australian property law, including state-specific legislation such as the Property Law Act, Retail Leases Act, and relevant professional licensing requirements. It establishes clear lines of authority, responsibilities, and accountability between the parties while protecting both the property owner's interests and the property manager's professional obligations. The agreement is particularly important for maintaining professional standards in commercial property management and ensuring compliance with Australian regulatory requirements.
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1. Parties: Identifies and provides full details of the property owner and the property management company
2. Background: Establishes the context, including property details and the owner's desire to engage the manager
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Term: Specifies the appointment of the property manager, term duration, and renewal provisions
5. Property Manager's Services: Comprehensive list of core property management services to be provided
6. Authority and Powers: Defines the scope of the property manager's authority to act on behalf of the owner
7. Financial Management: Details handling of rent collection, expenses, accounts, and financial reporting
8. Maintenance and Repairs: Outlines responsibilities for property maintenance, repair procedures, and spending limits
9. Compliance and Insurance: Specifies compliance obligations and insurance requirements
10. Fees and Expenses: Details all management fees, commission structures, and reimbursable expenses
11. Reporting and Records: Specifies required reports, documentation, and record-keeping obligations
12. Termination: Sets out circumstances and procedures for contract termination
13. Liability and Indemnification: Addresses risk allocation between parties
14. General Provisions: Standard contract clauses including notices, governing law, and dispute resolution
1. Marketing and Leasing Services: Include when the property manager is responsible for tenant acquisition and lease negotiations
2. Sustainability Management: Include for properties with specific environmental performance requirements or green building certifications
3. Multi-Property Management: Include when the agreement covers multiple properties with specific requirements for each
4. Security Services: Include for properties requiring specific security management arrangements
5. Building Management Systems: Include for properties with sophisticated building management or automation systems
6. Retail-Specific Provisions: Include for retail properties with specific requirements around tenant mix and center management
7. Development and Refurbishment: Include if the property manager will oversee major works or improvements
1. Property Details: Detailed description of the managed property, including address, facilities, and specific features
2. Fee Schedule: Comprehensive breakdown of all fees, charges, and commission structures
3. Services Schedule: Detailed scope of services with specific performance standards and frequencies
4. Key Performance Indicators: Specific metrics for measuring property manager's performance
5. Approved Contractors: List of pre-approved contractors and suppliers for property maintenance
6. Reporting Templates: Standard formats for required financial and operational reports
7. Emergency Procedures: Protocols for handling emergency situations and after-hours incidents
8. Delegation of Authority Matrix: Specific spending and decision-making authority levels
9. Insurance Requirements: Detailed insurance specifications for both property manager and owner
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Property Management
Retail Property
Office Property
Industrial Property
Mixed-Use Development
Facilities Management
Real Estate Services
Professional Services
Building Maintenance
Relevant Teams
Legal
Property Management
Operations
Facilities Management
Asset Management
Risk and Compliance
Finance
Maintenance
Leasing
Client Services
Contract Administration
Relevant Roles
Property Manager
Facility Manager
Asset Manager
Real Estate Manager
Operations Manager
Commercial Property Director
Building Manager
Property Services Manager
Legal Counsel
Contracts Manager
Risk Manager
Finance Manager
Maintenance Manager
Portfolio Manager
Leasing Manager
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