Property Management Agreement With Owner Template for Germany

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Key Requirements PROMPT example:

Property Management Agreement With Owner

"I need a Property Management Agreement With Owner for a newly constructed commercial office building in Berlin, with specific provisions for green building certification maintenance and energy efficiency monitoring, planned to commence from March 1, 2025."

Document background
The Property Management Agreement With Owner is a crucial document used in the German real estate sector when a property owner wishes to delegate the management of their real estate assets to a professional property management company. This agreement is structured to comply with German legal requirements, particularly the provisions of the Bürgerliches Gesetzbuch (BGB) and, where applicable, the Wohnungseigentumsgesetz (WEG). It is commonly used for both commercial and residential properties, defining the scope of services, authority levels, financial arrangements, and operational procedures. The document addresses key aspects such as rent collection, maintenance coordination, vendor management, financial reporting, and compliance with local regulations. It includes specific provisions required under German law regarding data protection (GDPR), accounting standards, and property manager obligations, making it essential for establishing clear professional relationships in property management within Germany.
Suggested Sections

1. Parties: Identification of the property owner and the property manager, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, including property details and purpose of the management arrangement

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Services', 'Management Fee', etc.

4. Appointment and Term: Formal appointment of the property manager, duration of the agreement, and renewal terms

5. Scope of Services: Comprehensive list of core property management services to be provided

6. Manager's Rights and Obligations: Detailed responsibilities and authority of the property manager

7. Owner's Rights and Obligations: Owner's responsibilities, including funding obligations and information provision

8. Financial Management: Handling of rent collection, operating expenses, accounting, and reporting requirements

9. Fees and Expenses: Management fees, reimbursable expenses, and payment terms

10. Insurance and Liability: Required insurance coverage and allocation of liability between parties

11. Data Protection: GDPR compliance measures and data handling procedures

12. Termination: Grounds for termination, notice periods, and post-termination obligations

13. Handover Procedures: Process for transferring management responsibilities at contract end

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

15. Miscellaneous: Standard legal provisions including severability, entire agreement, and amendments

Optional Sections

1. Emergency Services: Special procedures for emergency situations, recommended for larger properties or residential complexes

2. Construction Management: Include when the manager will oversee renovation or construction projects

3. WEG Management: Required when managing condominiums under the German Condominium Act

4. Multi-Property Management: Include when managing multiple properties under one agreement

5. Special Authorizations: For specific powers of attorney or extraordinary authority grants

6. Sustainability Management: Include for properties with specific environmental or energy efficiency goals

7. Staff Management: Required when the manager will employ on-site staff

8. Marketing Services: Include if the manager will handle property marketing or leasing

Suggested Schedules

1. Property Schedule: Detailed description of the property, including address, features, and facilities

2. Services Schedule: Itemized list of included management services and their specifications

3. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

4. Authorization Limits: Specific monetary and decision-making authority limits for the manager

5. Reporting Templates: Standard formats for required financial and operational reports

6. Contact Protocol: Communication procedures and emergency contact information

7. Maintenance Schedule: Planned maintenance programs and procedures

8. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

9. Bank Account Details: Designated account information for financial transactions

10. Handover Checklist: List of documents and items to be transferred at contract start/end

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Mixed-Use Property

Retail Property

Industrial Property

Office Property

Hospitality

Senior Living

Student Housing

Relevant Teams

Legal

Real Estate

Property Management

Operations

Asset Management

Compliance

Finance

Facilities Management

Contract Administration

Risk Management

Relevant Roles

Property Manager

Asset Manager

Real Estate Manager

Facility Manager

Property Owner

Real Estate Investor

Managing Director

Operations Manager

Legal Counsel

Contract Manager

Portfolio Manager

Building Manager

Compliance Officer

Real Estate Director

Property Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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