The Exclusive Property Management Agreement is a crucial document used when property owners wish to delegate the complete management of their real estate assets to a professional property management company in Canada. This agreement is particularly important as it grants exclusive rights to the management company, preventing the owner from engaging other property managers during the contract term. The document encompasses all aspects of property management, including financial administration, maintenance oversight, tenant relations, and regulatory compliance. It is structured to comply with Canadian federal and provincial regulations, including the Real Estate and Business Brokers Act, privacy laws, and relevant property management legislation. The agreement is commonly used for both commercial and residential properties and can be customized based on the property type, size, and specific management requirements.
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1. Parties: Identifies and provides full legal details of the property owner and the property management company
2. Background: Provides context about the property, the owner's desire to engage a property manager, and the manager's qualifications
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Term: Establishes the exclusive appointment of the property manager and the duration of the agreement
5. Property Manager's Services: Comprehensive list of core services to be provided by the property manager
6. Property Manager's Authority: Defines the scope of the manager's decision-making power and spending authority
7. Owner's Obligations: Outlines the property owner's responsibilities and commitments
8. Fees and Expenses: Details the management fees, additional charges, and reimbursable expenses
9. Insurance and Liability: Specifies required insurance coverage and liability limitations
10. Termination: Conditions and procedures for ending the agreement
11. Confidentiality: Obligations regarding confidential information
12. General Provisions: Standard contract clauses including governing law, notices, and amendments
1. Emergency Services: Additional section for properties requiring 24/7 emergency response services
2. Special Maintenance Requirements: For properties with unique maintenance needs or historical designations
3. Multiple Property Management: When the agreement covers multiple properties
4. Staff Management: When on-site staff management is required
5. Green Building Compliance: For properties with environmental certifications or requirements
6. Security Services: For properties requiring specific security arrangements
7. Marketing Services: For properties requiring extensive marketing or leasing services
8. Construction Management: When significant renovation or construction oversight is needed
1. Schedule A - Property Details: Detailed description of the managed property including address, facilities, and amenities
2. Schedule B - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
3. Schedule C - Service Specifications: Detailed scope of services and performance standards
4. Schedule D - Maintenance Schedule: Regular maintenance tasks and their frequency
5. Schedule E - Reporting Requirements: Format and frequency of required reports
6. Schedule F - Emergency Procedures: Detailed emergency response protocols
7. Appendix 1 - Insurance Requirements: Specific insurance coverage requirements and limits
8. Appendix 2 - Key Contacts: List of important contacts including emergency services, preferred vendors, and key stakeholders
Authors
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Residential Real Estate
Multi-family Housing
Retail Property
Industrial Property
Office Property
Mixed-use Development
Student Housing
Senior Living
Property Management Services
Real Estate Investment
Relevant Teams
Legal
Real Estate
Property Management
Operations
Asset Management
Contract Administration
Facility Management
Finance
Risk Management
Compliance
Relevant Roles
Property Manager
Asset Manager
Real Estate Manager
Facility Manager
Property Management Director
Real Estate Attorney
Legal Counsel
Contract Administrator
Operations Manager
Portfolio Manager
Property Owner
Real Estate Investor
Building Manager
Leasing Manager
Regional Property Manager
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