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Body Corporate Management Agreement

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BODY CORPORATE MANAGEMENT AGREEMENT

This Body Corporate Management Agreement (Agreement) is entered into on between:

Parties

and

Property Identification

Term of Appointment

The Body Corporate appoints the Manager to manage the property for an initial term commencing and ending . Thereafter the Agreement shall:

Manager Duties and Authority

The Manager shall perform the following duties in a professional manner consistent with industry standards, and shall act as agent of the Body Corporate with the authorities expressly granted below:

Bookkeeping and preparation of accounts

Levy and contribution collection and enforcement

Coordination of maintenance and repairs, procurement of contractors

Convening meetings, preparing and circulating minutes

Insurance administration and claims liaison

Negotiation and management of vendor contracts

Authority: The Manager is authorized to expend funds on behalf of the Body Corporate for operational obligations up to per item without prior committee approval. Any single expenditure in excess of that amount requires written approval from the committee or a majority vote of the Body Corporate.

Fees, Payments and Trust Handling

All client funds collected by the Manager must be held in a separate trust account and accounted for in accordance with applicable fiduciary obligations. Manager must reconcile trust accounts monthly and provide statements to the Body Corporate.

Records, Reporting and Audit

The Manager shall maintain complete books and records concerning management activities and financial transactions. The Manager shall deliver to the Body Corporate:

The Body Corporate or its appointed auditor may inspect and audit the Manager's records upon reasonable notice. Manager shall deliver all books, records and documents within 14 days of request.

Insurance, Liability and Indemnity

The Body Corporate is responsible for effecting and maintaining property insurance as required by applicable law and the governing scheme. The Manager shall assist with administration of claims but is not responsible for underwriting decisions. The Manager shall maintain professional indemnity insurance commensurate with its duties.

Indemnity: The Body Corporate indemnifies and holds harmless the Manager from liabilities, costs and claims arising from the Manager acting in good faith under this Agreement, except for loss resulting from the Manager's gross negligence, wilful misconduct, or fraud.

Default and Remedies

A party will be in default if it fails to perform a material obligation under this Agreement and does not cure such default within the notice period specified in this Agreement. Upon default, the non-defaulting party may terminate the Agreement, recover damages, and exercise any other remedies available at law or in equity.

Disclosures

Presence of known hazards or prior material damage to the property:

Lead-based paint present: Yes No

Known mould or water intrusion: Yes No

Prior structural damage or major repairs: Yes No

Conflict of Interest and Confidentiality

The Manager shall disclose any actual or potential conflicts of interest, including relationships with contractors or service providers. The Manager shall keep confidential all non-public financial and personal information obtained in the course of performance and shall not use such information for personal benefit.

Governing Law and Miscellaneous

This Agreement is governed by the laws of the state or territory of . This Agreement constitutes the entire agreement between the parties and supersedes prior negotiations and agreements. Any amendment must be in writing and executed by both parties.

Execution of this Agreement by the parties below binds the parties to the terms herein effective as of the Agreement Date stated above.

Body Corporate Printed Name:

By:

Date:

Manager Printed Name:

By:

Date:

Enter text✕

What a Body Corporate Management Agreement Covers

A Body Corporate Management Agreement is a written contract between a property owners' association (condominium corporation, homeowners association, or body corporate) and a professional manager or management firm. It defines the manager's duties, authority, scope of services, fee structure, term and renewal provisions, insurance and indemnity obligations, reporting and recordkeeping requirements, and termination rights. The agreement establishes who may act on behalf of the association, how budgets and expenditures are approved, and how disputes and liability are allocated between the association and the manager.

Why a Clear Agreement Matters for Associations

A well-drafted Body Corporate Management Agreement reduces operational risk by setting accountable roles, protecting association funds, and defining performance expectations in writing.

Why a Clear Agreement Matters for Associations

Who Typically Signs and Uses This Agreement

Use this agreement when an owners' association engages a professional manager to handle day-to-day administration, finance, or facilities oversight.

  • Condominium or HOA boards seeking formal management delegation and financial controls.
  • Property management firms contracting to provide administration, maintenance, and vendor oversight.
  • Large residential developments that require centralized bookkeeping and statutory compliance.

The document clarifies authority, reduces disputes, and supports regulatory compliance for both parties.

Core Elements to Include in the Agreement

A professional Body Corporate Management Agreement organizes obligations and measurable deliverables into discrete sections so both parties understand expectations and remedies.

Scope of Services

Detail routine and project work, vendor management, maintenance scheduling, financial administration, and any exclusions so responsibilities are explicit and measurable.

Authority Limits

Specify spending thresholds, contract signing authority, and emergency powers to prevent unauthorized expenditures and clarify board-versus-manager decision rights.

Fees & Payment

Describe management fees, expense reimbursements, invoicing cadence, late payment interest, and procedures for annual adjustments or performance bonuses.

Insurance & Indemnity

Require manager liability insurance, indemnity clauses, and proof of coverage to protect association assets and limit exposure for board members.

Reporting & Records

List financial reports, meeting minutes, reserve studies, and record retention obligations, including formats, frequency, and audit rights.

Term & Termination

Set the initial term, renewal mechanics, notice periods, cure remedies for breach, and post-termination transition obligations to preserve continuity.

Step-by-Step: Filling Out the Agreement

Complete the agreement in a single pass to ensure consistency across dates, names, and numeric fields.

  • 01
    Gather Documents: Collect articles, bylaws, insurance certificates and prior contracts before editing the template.
  • 02
    Define Services: Clearly list included and excluded tasks to avoid future disputes.
  • 03
    Set Financials: Confirm fee schedule, budgets, and approval thresholds with the board.
  • 04
    Sign and Distribute: Obtain signatures from authorized representatives and circulate final signed copies to all stakeholders.

Configuring an Online Workflow for This Agreement

When automating signing, map fields and approvers to mirror internal approval and recordkeeping policies.

Field Configuration
Signature Block Assign to board signers with name, title, and date fields.
Approval Order Set sequential signing: manager first, then board officers.
Authentication Use email with optional SMS code or ID verification for higher assurance.
Audit Trail Enable full event logging and downloadable certificate of completion.

Where to Send and Store the Signed Agreement

Signed copies should be shared with the board, property manager, and the association's records custodian to ensure compliance and accessibility.

  • Board Records: Store a signed PDF in the association's secure records system.
  • Manager Files: Manager retains an executed copy for operational reference.
  • Legal Counsel: Provide counsel with a copy for review and dispute prevention.
  • Cloud Backup: Keep encrypted backups to meet retention policies.

Digital Signing, Integrations, and Technical Needs

Choose a platform that supports audit trails, role-based signing, and secure storage integrations.

  • Integrations: Salesforce | NetSuite | Google Workspace supported
  • File Formats: PDF, DOCX, and PDF/A export available
  • Security Standards: TLS 1.2/1.3 and AES-256 encryption

Verify platform HIPAA or SOC 2 compliance when handling protected data; enable SSO and MFA for administrative accounts.

Typical eSignature Pricing and Compliance Options

Compare baseline pricing, trial availability, bulk-send capability, audit trail presence, HIPAA support, and envelope limits across common eSignature vendors.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Common Timeframes and Notice Periods to Remember

Include explicit deadlines for notices, renewals, and performance reporting so both parties can comply without ambiguity.

Initial Term:

Specify the fixed term (e.g., 12 or 36 months) and start date

Renewal Notice:

Require written renewal or nonrenewal notice 30–90 days before term end

Termination for Convenience:

State notice period, commonly 30–90 days

Cure Period for Breach:

Provide 10–30 days to remedy default before termination

Insurance Proof:

Require current certificates within 10–30 days of request

Common Errors When Preparing the Agreement

  • Using informal or inconsistent party names that create ambiguity about who holds rights and obligations under the contract.
  • Failing to set spending thresholds and emergency authority, which can lead to unauthorized payments or disputes.
  • Omitting record retention or reporting details, making financial audits and governance oversight difficult.
  • Neglecting insurance and indemnity requirements, exposing the association and board members to unnecessary liability.

Potential Risks and Consequences of Incomplete Agreements

Financial Exposure: Contract gaps may allow unapproved spending.
Regulatory Noncompliance: Failure to follow statutory rules risks fines.
Tax Withholding: Incorrect vendor classification triggers penalties.
Contractual Disputes: Ambiguous terms increase litigation risk.
Insurance Gaps: Missing coverage can shift liability to owners.
Operational Disruption: Poor transition clauses impede continuity.

Real-World Examples of Online Execution and Management

Organizations use standardized management agreements to speed onboarding, centralize records, and reduce administrative overhead.

Tim Martin — Martin Properties

Tim Martin needed a remote signing process to manage multiple properties efficiently.

  • Manager and board signed electronically for immediate effect.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Brian Fitzgibbons — Optica Ventures LLC

A growing portfolio required standardized contracts across properties.

  • Centralized templates reduced review time between deals.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Frequently Asked Questions About Execution and Validity

Answers to common questions on electronic signatures, notarization, signatory authority, and recordkeeping for Body Corporate Management Agreements.


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