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Property Management Contract Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the professional relationship between a property owner and a property management company. The document outlines the terms and conditions under which the property manager will provide services, including property maintenance, tenant management, financial administration, and compliance with relevant Australian state and federal legislation. It incorporates specific provisions aligned with Australian property law, consumer protection requirements, and professional practice standards for property management.

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What is a Property Management Contract Agreement?

The Property Management Contract Agreement is a crucial legal document used in Australian property management operations to formalize the relationship between property owners and professional property managers. This agreement is essential when property owners wish to delegate the day-to-day management of their real estate assets to a licensed property management company. It covers all aspects of property management including authority levels, service scope, fee structures, maintenance procedures, financial reporting, and compliance requirements. The document ensures compliance with Australian property legislation, including the Property Stock and Business Agents Act, Residential Tenancies Act, and relevant state-specific regulations. It is particularly important for protecting both parties' interests and establishing clear operational parameters for effective property management.

What sections should be included in a Property Management Contract Agreement?

1. Parties: Identifies and provides full details of the property owner(s) and the property management company

2. Background: Outlines the context of the agreement, including the property owner's intention to engage the property manager

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Appointment and Term: Specifies the appointment of the property manager, scope of authority, and duration of the agreement

5. Property Manager's Services: Details the core property management services to be provided

6. Property Manager's Authority: Outlines the scope of decision-making power and financial authority granted to the property manager

7. Owner's Obligations: Lists the property owner's responsibilities and commitments

8. Fees and Expenses: Details all management fees, commission structures, and reimbursable expenses

9. Financial Management: Covers rent collection, trust account management, and financial reporting obligations

10. Maintenance and Repairs: Establishes procedures for property maintenance, repairs, and emergency responses

11. Insurance and Risk Management: Specifies required insurance coverage and risk management procedures

12. Compliance and Reporting: Outlines compliance obligations and reporting requirements

13. Termination: Details circumstances and procedures for ending the agreement

14. Dispute Resolution: Establishes processes for handling disagreements between parties

15. General Provisions: Includes standard legal clauses such as notices, assignment, and governing law

What sections are optional to include in a Property Management Contract Agreement?

1. Multiple Properties Management: Additional provisions for managing multiple properties under the same agreement

2. Special Services: Details of additional services such as renovation project management or holiday letting

3. Performance Standards: Specific KPIs and service level agreements for property management services

4. Marketing and Leasing Strategy: Detailed provisions for marketing vacant properties and securing tenants

5. Strata Management Interface: Provisions for properties under strata schemes

6. Natural Disaster Response: Specific procedures for managing properties in disaster-prone areas

7. Foreign Owner Provisions: Additional requirements for foreign property owners

8. GST Provisions: Detailed GST handling for commercial properties or GST-registered owners

What schedules should be included in a Property Management Contract Agreement?

1. Property Schedule: Detailed description of the managed property/properties including addresses and specific features

2. Fee Schedule: Comprehensive breakdown of all fees, charges, and commission structures

3. Maintenance Authority Limits: Specified monetary limits for maintenance decisions without owner approval

4. Required Insurance Coverage: Details of mandatory insurance requirements and coverage levels

5. Service Level Standards: Specific performance metrics and service standards

6. Reporting Ƶ: Standard formats for various required reports

7. Key Contact Details: List of emergency contacts, preferred contractors, and key stakeholders

8. Bank Account Details: Banking information for rent collection and owner payments

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Ƶ

Cost

Free to use

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