Resident Manager Agreement for Australia

Resident Manager Agreement Template for Australia

An Australian legal agreement that establishes the terms and conditions for appointing a resident manager to oversee and manage a residential property or complex. This comprehensive document outlines the manager's duties, responsibilities, compensation, and accommodation arrangements while ensuring compliance with relevant Australian federal and state legislation, including property management laws, employment regulations, and body corporate requirements. The agreement serves as a crucial framework for defining the relationship between the property owner/body corporate and the resident manager, incorporating specific provisions for property maintenance, resident relations, reporting obligations, and operational procedures.

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What is a Resident Manager Agreement?

The Resident Manager Agreement is a vital legal document used in the Australian property management sector to formalize the appointment of an on-site manager for residential properties, including apartment complexes, student accommodations, and mixed-use developments. This agreement is particularly relevant in jurisdictions with active strata and body corporate systems, such as Queensland, New South Wales, and Victoria. The document encompasses essential elements including the manager's residential arrangements, scope of duties, authority levels, compensation structure, and compliance requirements with relevant Australian legislation. It is typically used when a property requires full-time, on-site management and should be customized based on the specific property type, size, and management requirements. The agreement needs to align with state-specific property laws, body corporate regulations, and federal employment legislation.

What sections should be included in a Resident Manager Agreement?

1. Parties: Identification of the principal/owner and the resident manager

2. Background: Context of the agreement, property details, and purpose of the appointment

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Appointment and Term: Formal appointment of the manager, commencement date, and duration of the agreement

5. Manager's Duties and Responsibilities: Comprehensive list of core duties including property maintenance, resident relations, and administrative tasks

6. Authority and Limitations: Scope of manager's decision-making power and spending authority

7. Compensation and Fees: Remuneration structure, payment terms, and any performance-based incentives

8. Accommodation Provisions: Details of the manager's residence, including location, maintenance, and usage terms

9. Insurance Requirements: Required insurance coverage for both manager and property

10. Compliance Obligations: Legal and regulatory compliance requirements

11. Reporting Requirements: Regular reporting obligations and documentation requirements

12. Termination Provisions: Grounds for termination, notice periods, and consequences

13. Handover Provisions: Requirements for transition upon termination

14. Dispute Resolution: Process for handling disputes between parties

15. General Provisions: Standard contract clauses including notices, amendments, and governing law

What sections are optional to include in a Resident Manager Agreement?

1. Performance Standards: Specific KPIs and performance metrics, used when the owner wants to implement formal performance management

2. Relief Management: Provisions for temporary replacement during manager's absence, needed when relief management is anticipated

3. Training Requirements: Specific training or certification requirements, included when specialized skills are needed

4. Marketing and Letting Services: Additional duties related to rental management, included when the manager also handles letting

5. Body Corporate Interface: Specific provisions for dealing with body corporate matters, needed for strata-titled properties

6. Profit Share Arrangements: Details of any profit-sharing structure, included when compensation includes variable components

7. Personal Guarantees: Required when the manager operates through a company structure

What schedules should be included in a Resident Manager Agreement?

1. Property Details: Comprehensive description of the managed property, including address, facilities, and specific features

2. Duties Schedule: Detailed breakdown of all management duties and frequencies

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

4. Manager's Accommodation Details: Specific details of the manager's unit including floor plan and fixtures

5. Maintenance Schedule: Regular maintenance tasks and schedules

6. Equipment Inventory: List of equipment and assets provided for manager's use

7. Required Insurance Policies: Detailed insurance requirements and minimum coverage levels

8. Performance Metrics: Detailed KPIs and measurement criteria

9. Emergency Procedures: Emergency response protocols and contact information

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

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Residential Property

Apartment Buildings

Student Accommodation

Retirement Living

Mixed-Use Developments

Serviced Apartments

Resort Management

Strata Management

Relevant Teams

Legal

Property Management

Operations

Facilities Management

Human Resources

Asset Management

Compliance

Risk Management

Finance

Residential Services

Relevant Roles

Resident Manager

Property Manager

Building Manager

Facilities Manager

Operations Manager

Site Manager

Body Corporate Manager

Strata Manager

General Manager - Property

Property Services Director

Asset Manager

Residential 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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