Commercial Property Management Agreement Template for Austria

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Key Requirements PROMPT example:

Commercial Property Management Agreement

"I need a Commercial Property Management Agreement under Austrian law for a multi-tenant office building in Vienna, with specific provisions for sustainable property management and LEED certification maintenance, to be effective from March 1, 2025."

Document background
The Commercial Property Management Agreement is a crucial document used when property owners seek to delegate the day-to-day management of their commercial real estate to professional property managers in Austria. This agreement is essential for properties such as office buildings, retail centers, industrial facilities, or mixed-use developments. It must comply with Austrian legal requirements, including the ABGB (Austrian Civil Code), UGB (Commercial Code), and relevant property management regulations. The document comprehensively covers service scope, fee structures, reporting requirements, maintenance obligations, and risk allocation between parties. It's particularly important in the Austrian context where property management (Immobilienverwaltung) is a regulated profession requiring specific qualifications and licenses.
Suggested Sections

1. Parties: Identification of the property owner and the property management company, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including brief description of the property and the owner's intention to engage the manager

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 outline of property management services to be provided, including regular maintenance, tenant management, and financial administration

6. Manager's Obligations: Detailed responsibilities and duties of the property manager, including reporting requirements and standard of care

7. Owner's Obligations: Responsibilities of the property owner, including provision of necessary documentation and funding

8. Financial Management: Handling of property income and expenses, banking arrangements, and accounting 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 and data handling requirements

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

13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

14. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

Optional Sections

1. Multiple Properties: Additional provisions for managing multiple properties, used when the agreement covers more than one property

2. Special Services: Provisions for additional services beyond standard property management, such as major renovations or development projects

3. Key Performance Indicators: Specific performance metrics and targets, used when the owner requires quantifiable management standards

4. Environmental Management: Special provisions for environmental compliance and sustainability initiatives

5. Emergency Services: Additional provisions for emergency response and out-of-hours services

6. Staff Management: Specific provisions regarding on-site staff employment and management, if applicable

7. Marketing Services: Additional provisions for property marketing and leasing services, if included in scope

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property, including address, size, facilities, and current condition

2. Schedule 2 - Services Specification: Detailed breakdown of all management services to be provided

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, including base management fee, additional service fees, and expense categories

4. Schedule 4 - Key Contacts: Contact details for key personnel from both parties and essential service providers

5. Schedule 5 - Reporting Requirements: Templates and specifications for required reports and their frequency

6. Schedule 6 - Operating Budget: Initial operating budget and process for annual budget approval

7. Schedule 7 - Maintenance Schedule: Planned maintenance program and procedures

8. Appendix A - Power of Attorney: If required, formal authorization for the manager to act on behalf of the owner

9. Appendix B - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

10. Appendix C - Building Rules: Current building rules and regulations for tenants

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

Commercial Real Estate

Property Management

Retail

Office Space Management

Industrial Properties

Shopping Centers

Logistics and Warehousing

Mixed-use Developments

Healthcare Facilities

Hospitality

Professional Services

Relevant Teams

Legal

Real Estate

Operations

Finance

Facilities Management

Asset Management

Property Management

Risk and Compliance

Maintenance

Administrative Services

Tenant Relations

Relevant Roles

Property Manager

Asset Manager

Facility Manager

Real Estate Director

Operations Manager

Commercial Director

Legal Counsel

Finance Manager

Maintenance Supervisor

Property Owner

Real Estate Investment Manager

Building Services Manager

Tenant Relations Manager

Contract Administrator

Risk Manager

Industries
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): Fundamental law governing contracts, property rights, and civil law obligations in Austria. Particularly relevant sections include §§ 1090-1121 (lease agreements) and §§ 1002-1044 (agency and service contracts).
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Regulates commercial relationships and business transactions. Relevant for the professional and commercial aspects of property management services.
Austrian Tenancy Act (MRG - Mietrechtsgesetz): Governs landlord-tenant relationships, including commercial leases. Essential for understanding the scope of property management duties regarding tenant relations.
Trade Regulation Act (GewO - Gewerbeordnung): Regulates professional services including property management as a regulated trade, setting requirements for professional qualifications and licensing.
Building Code (Bauordnung): Regional building regulations that vary by federal state (Bundesland). Important for maintenance obligations and compliance with building safety standards.
Consumer Protection Act (KSchG - Konsumentenschutzgesetz): May apply if any party qualifies as a consumer under Austrian law, affecting contract terms and obligations.
General Data Protection Regulation (DSGVO): Regulates the handling of personal data of tenants, employees, and other stakeholders involved in property management.
Employment Law (ArbVG - Arbeitsverfassungsgesetz): Relevant for managing property management staff and understanding employer obligations.
Austrian Standards for Building Management: Technical standards and norms for building management and maintenance (ÖNORM standards).
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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