Homeowners Association Document

HOMEOWNERS ASSOCIATION MANAGEMENT AGREEMENT

This Homeowners Association Management Agreement (the Agreement) is made as of Effective Date: by and between the following parties.

Association Information

Service Provider Information

Recitals

WHEREAS, Association Name: is a homeowners association organized for the operation and maintenance of the residential community governed by recorded covenants, conditions and restrictions; and

WHEREAS, Service Provider Name: possesses expertise and resources to provide management, administrative and operational services to the Association; and

WHEREAS, the parties desire to set forth the terms by which Service Provider will perform the services described herein and Association will compensate Service Provider.

Scope of Work

Provider shall perform management and administrative services for the Association as described below. Material changes to the scope shall be agreed in writing and become an amendment to this Agreement.

Payment Terms

Association shall compensate Provider in accordance with the fees set forth below. Provider shall submit invoices in the form required by this Agreement and Association shall pay undisputed amounts in accordance with the Payment Schedule.

Late payments shall accrue interest at the rate of per month, or the maximum rate allowed by law, whichever is lower. In addition, Association shall pay a late payment fee of for each late invoice.

Disputed items must be presented in writing within days of receipt of an invoice. Undisputed amounts shall remain payable.

Term and Termination

The term of this Agreement shall commence on Start Date: and shall expire on End Date: unless earlier terminated as provided herein.

Either party may terminate this Agreement without cause by providing written notice at least days prior to the effective termination date. This Agreement may be terminated for cause upon material breach if the breaching party fails to cure within days following written notice of breach.

Confidentiality

Each party shall maintain in confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential information does not include information that is or becomes publicly available without breach of this Agreement, already lawfully in the receiving party’s possession, or independently developed by the receiving party.

Provider may disclose confidential Association information to employees, subcontractors and vendors who have a need to know and who are bound by confidentiality obligations no less restrictive than those contained herein.

Insurance and Indemnification

Provider shall maintain comprehensive general liability, professional liability (if applicable), and workers’ compensation insurance with limits customary to the industry. Minimum insurance limits or required endorsements are described below.

Provider shall indemnify and hold harmless the Association and its officers, directors and agents from and against claims, liabilities, losses or expenses arising out of Provider’s negligence or willful misconduct in the performance of services under this Agreement, subject to applicable law.

Records, Reporting and Access

Provider shall maintain complete and accurate books and records of all transactions performed on behalf of the Association. Association shall have reasonable access to such records during normal business hours upon prior notice.

Compliance with Governing Documents

Provider shall perform duties in a manner consistent with the Association’s declaration, bylaws, rules and other governing documents and applicable law. Provider is not a guarantor of enforcement and shall act only as authorized by the Board.

Dispute Resolution

The parties shall attempt in good faith to resolve disputes arising under this Agreement through negotiation between the parties’ representatives. If negotiation is unsuccessful, the parties agree to attempt mediation prior to initiating litigation.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to principles of conflicts of law.

Entire Agreement

This Agreement, including any exhibits and written amendments executed by the parties, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, proposals and communications, whether oral or written.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate by written notice.

Miscellaneous Provisions

No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect.

The parties acknowledge that Provider is acting as an independent contractor and not as an employee, partner or agent of the Association for any purpose except as expressly provided in this Agreement.

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