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Joint Maintenance Agreement Template for Switzerland

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Key Requirements PROMPT example:

Joint Maintenance Agreement

"I need a Joint Maintenance Agreement for a mixed-use commercial and residential building in Geneva, where three independent property owners will share responsibility for common areas and facilities, with the agreement starting from March 1, 2025."

Document background
The Joint Maintenance Agreement is essential when multiple parties share responsibility for maintaining property or facilities in Switzerland. It is commonly used in situations involving shared ownership, mixed-use developments, or complex property arrangements where clear delineation of maintenance responsibilities is crucial. The agreement must comply with Swiss legal requirements, particularly the Swiss Civil Code (ZGB/CC) and Code of Obligations (OR/CO), while addressing practical aspects such as cost sharing, decision-making processes, and maintenance standards. This document is particularly important in preventing disputes by clearly defining each party's obligations, financial responsibilities, and the procedures for undertaking maintenance work.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including their full legal names, addresses, and any registration numbers

2. Background: Context of the agreement, description of the property or properties involved, and the purpose of entering into the maintenance agreement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Common Areas', 'Maintenance', 'Repairs', etc.

4. Property Description: Detailed description of the property/properties subject to the maintenance agreement, including any relevant registration details

5. Maintenance Obligations: Detailed description of maintenance responsibilities, including regular maintenance, repairs, and improvements

6. Cost Sharing: Formula or methodology for sharing maintenance costs between the parties

7. Decision Making Process: Procedures for making decisions about maintenance work, including voting rights and majority requirements

8. Payment Terms: Terms for payment of maintenance costs, including timing, method, and handling of extraordinary expenses

9. Access Rights: Rights of access for conducting maintenance and repairs

10. Insurance Requirements: Insurance obligations of the parties relating to the maintained property

11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

12. Dispute Resolution: Procedures for resolving disputes between parties

13. Governing Law: Confirmation of Swiss law as governing law and jurisdiction

Optional Sections

1. Emergency Procedures: Procedures for handling emergency repairs and maintenance, recommended when the property has critical systems or infrastructure

2. Property Manager: Appointment and duties of a property manager, relevant when parties agree to delegate management responsibilities

3. Reserve Fund: Establishment and management of a reserve fund for future maintenance, recommended for larger properties or complex maintenance requirements

4. Third Party Contracts: Procedures for engaging and managing third-party contractors, relevant when external service providers are regularly needed

5. Environmental Obligations: Specific environmental maintenance requirements, relevant when property has environmental sensitivities or obligations

6. Usage Rules: Rules governing the use of common areas or shared facilities, relevant when maintenance obligations are linked to usage

7. Transfer of Rights: Procedures for transferring maintenance obligations upon sale or transfer of property interests

Suggested Schedules

1. Schedule 1 - Property Plans: Detailed plans showing the property and areas subject to joint maintenance

2. Schedule 2 - Maintenance Schedule: Detailed schedule of regular maintenance tasks and their frequency

3. Schedule 3 - Cost Allocation: Detailed breakdown of how different types of costs are to be allocated between parties

4. Schedule 4 - Contact Information: List of key contacts including emergency contacts and preferred contractors

5. Schedule 5 - Maintenance Standards: Specific standards and requirements for maintenance work

6. Appendix A - Initial Condition Report: Documentation of the condition of the property at the start of the agreement

7. Appendix B - Historical Maintenance Records: Records of previous maintenance work if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Facility Management

Commercial Property

Residential Property

Mixed-use Development

Industrial Property

Retail Property

Office Space Management

Property Development

Relevant Teams

Legal

Property Management

Facilities Management

Operations

Real Estate

Asset Management

Technical Services

Maintenance

Contract Administration

Property Services

Relevant Roles

Property Manager

Facility Manager

Real Estate Manager

Building Services Manager

Asset Manager

Operations Manager

Legal Counsel

Property Administrator

Maintenance Coordinator

Building Manager

Real Estate Attorney

Facilities Director

Property Services Director

Condominium Manager

Technical Services Manager

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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