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Condominium Management Contract Model

The document is a contract for the provision of management services between a management company and the Board of Directors of the "Los Parques Condominium Club House". The management company will be responsible for maintenance, security, cleanliness, utilities, accounting, treasury services, and representing the condominium to facilitate communal living. The duration of the contract is one year, and it may be terminated early by either party in case of breach of obligations or may be renewed by agreement of both parties.
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0% found this document useful (0 votes)
64 views

Condominium Management Contract Model

The document is a contract for the provision of management services between a management company and the Board of Directors of the "Los Parques Condominium Club House". The management company will be responsible for maintenance, security, cleanliness, utilities, accounting, treasury services, and representing the condominium to facilitate communal living. The duration of the contract is one year, and it may be terminated early by either party in case of breach of obligations or may be renewed by agreement of both parties.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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CONTRACT FOR THE PROVISION OF MANAGEMENT SERVICES FOR THE "LOS PARQUES

CONDOMINIUM CLUB HOUSE".

It is hereby recorded the Condominium Management Services Agreement entered into by


XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, identified with DNI N° XXXXXXXXXXXXX, legal representative
of the company xxxxxxxxxxxxxxxxxx with RUC. N° xxxxxxxxxxxxxxx with tax domicile at
XXXXXXXXXXXXXXXXXXXXXXXXXXX, in the district of Cerro Colorado, province and department of
Arequipa, on the one hand; who is hereinafter identified as THE COMPANY and on the other hand the
Board of Directors of Condominio Los Parques Casa Club represented by its
XXXXXXXXXXXXXXXXXXXXXXX identified with DNI N° ..... domiciliado en Condominio
XXXXXXXXXXXXXXXX, su Vicepresidente... Its secretary and treasurer...; Board of Directors appointed
from ..... who are hereinafter referred to as THE CONTRACTOR; agree to enter into the following
Condominium Management Agreement, which shall be governed by the clauses stipulated below:

FIRST: OBJECT: The purpose of this contract is to establish the characteristics of the administration
service that THE ADMINISTRATOR will provide to the CONTRACTOR, to represent the Board of Owners
in the collection of its ordinary and extraordinary fees in accordance with Law 27157, Law of the
Exclusive Property Regime and Common Regime, in accordance with the Regulation D.S. N° 035-2006-
Vivienda for the proper maintenance and conservation of the condominium.

SECOND : RESPONSIBILITIES OF THE ADMINISTRATOR


The ADMINISTRATOR undertakes to:
1. Hiring, supervising and assigning functions to personnel for the maintenance and upkeep of all
areas of the condominium, as well as coordinating and controlling with contractors or suppliers of
goods and services.
Identify personnel and contractors, verify that they have the experience required to fulfill the function
for which they are hired, hire them in accordance with the legal norms in force and the powers
established by the Assembly and the Board of Directors, and verify mutual compliance with the legal
and contractual terms of their contracts.
Comply with all civil, commercial and labor legal stipulations related to registration with the SGSS,
vacations, allowances, severance, discounts, withholding at source, etc.
Organized archiving, so that it is easy to identify information when searching for it, of developments
with each contractor or employee.
Maintenance
To carry out current maintenance works, urgent repairs and adaptation and remodeling works that
must be carried out, in accordance with the policies in force and the decisions made by the assembly
and the board of directors, so that the building facilities and its equipment are kept properly
operational, for the service of the co-owners.
Safety and cleanliness
To carry out the necessary and current actions in a co-ownership, adjusted to the legal norms and
logic, to permanently maintain the security of the building, the residents and their property and that
of the co-owners, through appropriate means such as surveillance companies duly authorized to
provide the service, mechanical and electronic equipment, relations with the community and the
authorities, etc., instructing building personnel, contractors and residents on how to act to achieve
that purpose.
Maintain a detailed register of owners and residents per housing unit with their respective
identification so that it is easy to locate them when required, primarily for security purposes but for
any other necessary purposes.
Ensure that the building is kept in perfect cleanliness of floors, walls, patios, bathrooms, garages,
acquiring the necessary materials, within the budget.
Utilities
To carry out with the utility companies, authorities and whoever necessary, the necessary activities,
including the timely payment of invoices and collections, so that the common areas and private
property of the building have the necessary public services for good living, in the best possible
physical and economic conditions.
Physically organize the information of the developments with each company, independently, keeping
it updated.
Accounting records
Ensure that an accountant with a valid professional card and experience keeps an orderly and periodic
record of all the operations that affect the economic situation of the building, as required by law, and
also generates timely and periodically financial reports such as the balance sheet, income statement,
cash flow, portfolio statement and budget execution, with their corresponding explanatory notes, and
periodically informs and explains to management the reality that these reports show and the
prospects for the future of the building.The accountant must also generate financial reports such as
the balance sheet, income statement, cash flow, portfolio statement and budget execution, with their
corresponding explanatory notes, and periodically inform and explain to the management the reality
that these reports show and the economic outlook of the building.
Ensure that the accountant complies in a timely manner with the legal stipulations regarding the
recording and handling of internal and external information and that he/she generates and provides
in a timely manner the documents required by management to comply with the regulations, as in the
case of withholding at source.
Treasury
Prepare the payments/transfers to be made according to the established commitments, make the
payment directly, or pass it to the Treasurer for authorization or signature.
Keeping strict control of outstanding commitments
Perform payment planning according to the availability of cash and the decisions of the board of
directors, keeping a weekly updated cash flow projection for 4 weeks ahead.
Represent the building for the management that its administration requires, with financial entities
and establish the appropriate mechanisms.
Reports to the Board of Directors and Assembly
To summon at least monthly the board of directors, to inform it in detail of the events that affect the
communal life and to submit to it the cases on which it must say, taking into account the defined
attributions.
Prepare the annual report for the ordinary assembly and submit it to the Board for authorization -
including the financial reports.
To call the ordinary and extraordinary meetings that may be pertinent, under the terms of the bylaws
and current legislation, and to prepare in detail the reports for such meetings and the projects to
whose decision they are submitted.
To keep in an organized manner, in the form prescribed by the regulations in force, the minutes of the
meetings of the board of directors and assemblies and to comply with the mandates of the pertinent
laws and authorities.
Portfolio
Invoice on or before the 6th working day of each month the ordinary fees and fees for services
rendered, and the amounts owed, following the decisions of the Assembly and the Council, and
ensure that the statement of account of each housing unit is kept up to date.
Carry out the administrative management of the collection of delinquent assessments from co-
owners and/or residents, and following the policy established by the Assembly/Council and their
decisions, send them to pre-legal and legal collection by a lawyer or collection company appointed by
these bodies, after signing the respective contract.
Regulations
Propose to the Council and oversee the existence of operating regulations regarding issues that lead
to the most organized, safe, hygienic, respectful of legal standards and fundamental rights and others,
of co-owners, residents, contractors, employees and any natural or legal person who is related to the
building.
PARAGRAPH: THE MANAGER shall not be liable for the performance of obligations for which funds,
documents or elements are required that are not timely supplied by THE BUILDING, or whose
performance is not possible due to force majeure or constraint by residents, co-owners or
contractors, or due to omission in the actions required by the council in order for them to be
performed or the lack of necessary authorization.
THIRD: RESPONSIBILITY OF THE BUILDING. In the performance of its obligations, THE BUILDING
undertakes with THE ADMINISTRATOR to
*Provide you with any information or documents available to you about the building and its residents,
co-owners, employees, contractors, and financial and legal situation, to facilitate the fulfillment of
your obligations.
*To make all possible arrangements, execute documents and appearances to facilitate the fulfillment
of its obligations.
*Pay you the fees in the amount, form and at the times agreed upon in clause xxxxx
Support you in dealing with contractors, authorities, co-owners, residents, the surrounding
community and the environment.
*To authorize payments or transfers submitted for its approval, provided they meet all internal and
legal requirements, and are budgeted or otherwise authorized by the chairman of the council.
*To inform you of the operating policies of the co-ownership.
*Approve or disapprove, and then request adjustment, to the draft regulations submitted to it by THE
ADMINISTRATOR.
FOURTH: DURATION. This contract has a duration of one year, counted from the date of, that is,
untilof PARAGRAPH ONE: Notwithstanding the foregoing, this contract may be terminated unilaterally
by either of the parties, at any time, whenever there is a clear breach, manifested in writing,
reiterated and unattended, of the obligations on the part of one of them to the other, and in any case
each one must comply with the commitments acquired up to the time of termination.SECOND
PARAGRAPH: this contract does not have automatic renewal and terminates, without notice, on the
day foreseen according to its duration. However, if the ordinary General Assembly of THE BUILDING
so decides and THE MANAGER agrees, it may be renewed, for any period, under conditions to be
agreed upon by the parties.PARAGRAPH THREE: DELIVERY OF PENDING MATTERS:In the event of
termination of this contract for any reason or by any of the parties, THE MANAGER undertakes to
deliver to THE BUILDING, the ordered files and the financial and management reports and
commitments as of the day of termination, no later than the fifth day after the termination of the
contract.The ADMINISTRATOR agrees to pay within the following five working days, equivalent to the
value of three months of fees, that is to say, of $
FIFTH. EARLY TERMINATION OF THE CONTRACT: Either party, without generating any indemnity for
the other and without it being necessary for the terminating party to state the reason, may terminate
the present contract, giving notice to the other with at least forty-five (45) working days in advance,
having in any case to comply with the obligations foreseen up to the day of termination.PARAGRAPH:
THE MANAGER agrees, with respect to this termination, to comply with the obligation described in
PARAGRAPH THREE of CLAUSE FOUR of this contract.
SIXTH: PRICE.THE BUILDING agrees to pay TO THE ADMINISTRATOR, for the performance of the
obligations contained in this contract, the sole and total sum of XXXXXXXXXXXX$ (plus VAT when
applicable, depending on the tax characteristics of the building).(plus VAT when applicable, depending
on the ADMINISTRATOR'S tax characteristics) no later than the seventh working day of the month
following the month in which the service has been rendered.
SEVENTH: RESOLUTION OF DISPUTES. In the event of disputes arising in connection with the
performance of this contract, once these are formalized in writing, an attempt shall be made to
resolve them directly between the parties. If this does not occur after 10 business days from the date
of execution of the document formalizing the controversies, an amicable mediator shall be appointed
within the following 10 business days by mutual agreement of the parties, with the parties declaring
that they will abide by his decision, whatever it may be.
EIGHTH.NOTIFICATIONS : The parties shall receive correspondence and notifications related to the
development of this contract, as well as :
THE BUILDING at .....................
THE ADMINISTRATOR at ..............
This contract is executed by the parties in two copies of the same wording, before two witnesses, on
the day of XXXXXX of 201X.

THE BUILDING THE ADMINISTRATOR

XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXX

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