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Property Management Agreement Template for Malaysia

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Key Requirements PROMPT example:

Property Management Agreement

I need a property management agreement for a residential property in Kuala Lumpur, detailing the responsibilities of the property manager, including tenant management, maintenance coordination, and financial reporting. The agreement should specify a 12-month term with a 30-day termination notice and include a clause for performance evaluation every six months.

What is a Property Management Agreement?

A Property Management Agreement sets out the legal relationship between property owners and the professionals they hire to manage their real estate in Malaysia. This contract spells out how a property manager will handle day-to-day operations, from collecting rent and maintaining the property to finding tenants and dealing with repairs.

Under Malaysian law, these agreements must clearly outline the manager's duties, compensation structure, and service term. They typically include specific provisions about financial reporting, insurance requirements, and the manager's authority to act on the owner's behalf. Most agreements follow guidelines set by the Valuers, Appraisers, Estate Agents and Property Managers Act to protect both parties' interests.

When should you use a Property Management Agreement?

Consider using a Property Management Agreement when you own Malaysian real estate but lack the time or expertise to handle day-to-day operations yourself. This agreement becomes essential for property owners managing multiple units, living far from their investments, or dealing with commercial properties that need professional oversight.

The agreement proves particularly valuable when coordinating with local property managers who'll handle tenant screening, maintenance scheduling, and rent collection. Malaysian law requires clear documentation of these arrangements, especially for strata properties and commercial buildings where professional management is crucial for maintaining property values and ensuring regulatory compliance.

What are the different types of Property Management Agreement?

Who should typically use a Property Management Agreement?

  • Property Owners: Individual investors, companies, or REITs who delegate management of their real estate assets to professionals
  • Property Management Companies: Licensed firms that handle daily operations, maintenance, and tenant relations on behalf of owners
  • Legal Advisors: Lawyers who draft and review agreements to ensure compliance with Malaysian property laws and protect client interests
  • Property Managers: Licensed professionals registered with BOVAEP who directly oversee property operations and tenant matters
  • Building Management Corporations: Entities responsible for strata properties that engage property managers for complex developments

How do you write a Property Management Agreement?

  • Property Details: Gather complete information about the property, including address, type, size, and any special features or facilities
  • Service Scope: List specific management duties, from rent collection to maintenance responsibilities and reporting requirements
  • Financial Terms: Document management fees, payment schedules, and handling of operating expenses
  • Legal Compliance: Verify manager's BOVAEP registration and necessary licenses under Malaysian property management laws
  • Insurance Requirements: Specify required coverage types and minimum amounts for both parties
  • Term and Termination: Define agreement duration, renewal options, and conditions for early termination

What should be included in a Property Management Agreement?

  • Party Details: Full legal names, addresses, and registration numbers of property owner and management company
  • Property Description: Detailed specifications of the managed property, including title details and designated common areas
  • Management Scope: Comprehensive list of services, responsibilities, and authority limits under Malaysian property laws
  • Financial Terms: Management fees, payment schedules, expense handling, and bank account details
  • Duration and Renewal: Contract period, renewal conditions, and termination procedures
  • Compliance Clauses: References to BOVAEP regulations and relevant Malaysian property management laws
  • Dispute Resolution: Malaysian jurisdiction choice and agreed methods for resolving conflicts

What's the difference between a Property Management Agreement and a Facilities Management Agreement?

A Property Management Agreement differs significantly from a Facilities Management Agreement in several key aspects, though both deal with property-related services in Malaysia. While property management focuses on overall property operations and tenant relations, facilities management concentrates specifically on maintaining building systems and infrastructure.

  • Scope of Services: Property management covers rent collection, tenant screening, and property marketing, while facilities management deals primarily with technical maintenance, equipment upkeep, and building systems
  • Legal Requirements: Property managers must be registered with BOVAEP, while facilities managers typically need technical certifications
  • Financial Authority: Property managers handle rental income and property accounts; facilities managers typically only manage maintenance budgets
  • Tenant Relations: Property management includes direct tenant interaction and lease management; facilities management rarely involves tenant engagement

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