The Residential Exclusive Management Agency Agreement is a crucial document used in Indonesia when property owners wish to delegate the complete management of their residential property to a professional management agency on an exclusive basis. This agreement is particularly relevant in Indonesia's growing real estate market, where professional property management services are increasingly in demand. The document comprehensively covers all aspects of the management relationship, including service scope, financial arrangements, maintenance responsibilities, and regulatory compliance requirements under Indonesian law. It incorporates relevant provisions from the Indonesian Civil Code (KUHPerdata), consumer protection laws, and property management regulations, making it essential for establishing clear, legally-sound management relationships in the Indonesian residential property sector.
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1. Parties: Identifies and provides full details of the property owner and the management agency, including registration numbers and addresses
2. Background: Establishes the context of the agreement, including property details and the owner's desire to appoint the agency as exclusive property manager
3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation
4. Appointment and Term: Specifies the exclusive appointment of the agency and the duration of the agreement
5. Management Services: Details the core property management services to be provided by the agency
6. Agency's Rights and Obligations: Outlines the specific responsibilities and authorities granted to the management agency
7. Owner's Rights and Obligations: Specifies the property owner's responsibilities and commitments
8. Fees and Payments: Details all management fees, payment terms, and additional charges
9. Property Maintenance and Repairs: Establishes procedures for maintenance, repairs, and spending authorities
10. Financial Reporting: Specifies requirements for financial statements, reporting frequency, and accounting procedures
11. Insurance and Liability: Outlines insurance requirements and liability allocation between parties
12. Termination: Details circumstances and procedures for ending the agreement
13. Dispute Resolution: Establishes procedures for resolving disputes between parties
14. Governing Law: Specifies Indonesian law as governing law and relevant jurisdictional matters
15. General Provisions: Includes standard clauses such as force majeure, notices, and amendments
1. Special Conditions: Used when the property has unique features or requirements requiring specific management approaches
2. Emergency Services: Included for properties requiring 24/7 emergency response or special security arrangements
3. Staff Management: Required when the property includes on-site staff that need to be managed
4. Common Area Management: Necessary for properties that are part of a complex with shared facilities
5. Environmental Management: Include when the property requires specific environmental compliance or green building management
6. Pest Control Services: Added for properties requiring regular pest control management
7. Marketing Services: Include when the agency will also handle marketing for tenant acquisition
8. Utility Management: Added when the agency will manage utility contracts and payments
1. Schedule 1 - Property Details: Detailed description of the property, including address, certificates, and physical characteristics
2. Schedule 2 - Management Services: Comprehensive list of included management services and their specifications
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
4. Schedule 4 - Maintenance Schedule: Planned maintenance schedule and procedures
5. Schedule 5 - Reporting Ƶ: Standard templates for financial and operational reporting
6. Schedule 6 - Emergency Procedures: Emergency response procedures and contact information
7. Appendix A - Property Photographs: Current photographs documenting the property's condition
8. Appendix B - Certificates and Permits: Copies of relevant property certificates, permits, and licenses
9. Appendix C - Insurance Certificates: Copies of required insurance policies and certificates
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