Commercial Property Management Agreement for the United States

Commercial Property Management Agreement Template for United States

A Commercial Property Management Agreement is a legally binding contract used in the United States that establishes the relationship between a property owner and a professional management company. The agreement outlines the scope of management services, responsibilities, compensation structure, and operational procedures for maintaining and operating commercial real estate properties. It typically includes provisions for financial management, maintenance, leasing, reporting requirements, and compliance with applicable federal, state, and local laws.

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What is a Commercial Property Management Agreement?

The Commercial Property Management Agreement serves as the foundational document governing the relationship between commercial property owners and professional management companies in the United States. This agreement is essential when property owners seek to delegate day-to-day operations, maintenance, and administrative responsibilities to experienced professionals. The document typically covers areas such as property maintenance, tenant relations, financial management, reporting requirements, and regulatory compliance. It's particularly important in ensuring clear delineation of responsibilities, establishing performance metrics, and protecting both parties' interests while maintaining compliance with federal, state, and local regulations.

What sections should be included in a Commercial Property Management Agreement?

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

2. Background: Brief description of the property and purpose of the management agreement

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

4. Appointment and Authority: Formal appointment of manager and scope of authority

5. Manager's Duties and Responsibilities: Detailed outline of services to be provided

6. Compensation: Management fees, payment terms, and reimbursable expenses

7. Term and Termination: Duration of agreement and termination provisions

8. Insurance and Indemnification: Required insurance coverage and mutual indemnification provisions

What sections are optional to include in a Commercial Property Management Agreement?

1. Environmental Compliance: Additional provisions for properties with specific environmental concerns or requirements

2. Capital Improvements: Procedures and authorizations for major property improvements and renovations

3. Emergency Procedures: Special protocols and procedures for handling emergency situations

4. Building Security: Specific security requirements and procedures for high-security properties

What schedules should be included in a Commercial Property Management Agreement?

1. Schedule A - Property Description: Detailed description of managed property including address and specifications

2. Schedule B - Services Schedule: Detailed list of management services to be provided

3. Schedule C - Fee Schedule: Breakdown of management fees and additional charges

4. Schedule D - Insurance Requirements: Specific insurance coverage requirements and limits

5. Schedule E - Maintenance Schedule: Regular maintenance requirements and schedules

6. Schedule F - Reporting Requirements: Format and frequency of required management reports

7. Schedule G - Key Performance Indicators: Metrics for evaluating management performance

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

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Fair Housing Act (FHA): Federal law prohibiting discrimination in property transactions, including commercial properties with residential components.

Americans with Disabilities Act (ADA): Federal legislation requiring accessibility compliance in commercial properties, particularly in common areas and public spaces.

Environmental Protection Laws: Federal laws including Clean Air Act, Clean Water Act, and Toxic Substances Control Act governing environmental hazards management in commercial properties.

OSHA Regulations: Federal workplace safety standards and requirements applicable to commercial properties.

State Property Management Licensing: State-specific licensing and professional certification requirements for property managers.

State Landlord-Tenant Laws: State-specific laws governing the basic relationship between property managers/owners and tenants in commercial settings.

State Real Estate Laws: State-specific regulations governing real estate transactions and property management operations.

Local Zoning Laws and Building Codes: Municipal regulations governing property usage restrictions, safety requirements, and building standards.

Internal Revenue Code: Federal tax regulations covering reporting requirements, management fee treatment, and depreciation considerations for commercial properties.

State Tax Laws: State-specific regulations governing property taxes and business tax obligations for commercial property management.

State Insurance Laws: State-specific requirements for minimum insurance coverage and liability insurance regulations.

Professional Liability Requirements: Regulations governing Errors & Omissions (E&O) insurance and general liability coverage for property management professionals.

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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