The Property Management Agreement is a crucial document used when a property owner wishes to delegate the management of their real estate assets to a professional property management company in Switzerland. This agreement, governed by Swiss law, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR), establishes the legal framework for the management relationship. It is essential for properties of all sizes, from single residential units to large commercial complexes, and ensures compliance with Swiss property management regulations, tenancy laws, and financial requirements. The document covers everything from day-to-day operations to strategic management decisions, including maintenance, tenant relations, financial reporting, and regulatory compliance. Property Management Agreements are particularly important in the Swiss context due to the specific legal requirements and high standards of property management expected in the jurisdiction.
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1. Parties: Identification of the property owner and the property management company, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including brief description of the property and the owner's intention to engage the manager
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Term: Formal appointment of the property manager and duration of the agreement, including renewal terms
5. Property Manager's Services: Detailed description of core services to be provided, including maintenance, tenant management, and financial administration
6. Property Manager's Authority: Scope of the manager's decision-making authority and spending limits
7. Owner's Obligations: Responsibilities of the property owner, including provision of necessary information and funding
8. Fees and Expenses: Management fees, payment terms, and reimbursable expenses
9. Reporting and Accounting: Requirements for financial reporting, accounting procedures, and documentation
10. Insurance and Liability: Insurance requirements and allocation of liability between parties
11. Termination: Conditions and procedures for terminating the agreement
12. Data Protection and Confidentiality: Obligations regarding personal data handling and confidential information
13. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Multiple Properties: Additional provisions for managing multiple properties under the same agreement
2. Development and Construction Management: Specific provisions for properties undergoing development or major renovations
3. Special Use Properties: Additional terms for managing specialized properties (e.g., commercial, industrial)
4. Emergency Services: Special procedures and authority for emergency situations
5. Environmental Compliance: Specific obligations regarding environmental regulations and sustainability
6. Marketing Services: Additional provisions for property marketing and promotion services
7. Staff and Subcontractors: Terms governing the use of on-site staff and subcontractors
8. Asset Management Services: Additional provisions for strategic asset management services
1. Property Schedule: Detailed description of the property/properties under management, including address, type, and specific features
2. Services Schedule: Detailed breakdown of services to be provided, including frequency and specific requirements
3. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
4. Key Performance Indicators: Metrics and standards for evaluating the property manager's performance
5. Authorized Personnel: List of authorized representatives from both parties
6. Emergency Procedures: Detailed procedures for handling various types of emergencies
7. Reporting Templates: Standard formats for various required reports
8. Insurance Requirements: Detailed specifications of required insurance coverage
9. Bank Account Details: Information about designated accounts for property management
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Facility Management
Commercial Property
Residential Property
Industrial Property
Property Investment
Asset Management
Property Development
Relevant Teams
Legal
Real Estate
Property Management
Asset Management
Operations
Facility Management
Finance
Compliance
Risk Management
Administrative Support
Relevant Roles
Property Manager
Asset Manager
Facility Manager
Real Estate Director
Operations Manager
Property Owner
Real Estate Investment Manager
Building Manager
Maintenance Supervisor
Legal Counsel
Compliance Officer
Finance Director
Portfolio Manager
Property Administrator
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