The Property Service Agreement serves as a fundamental legal instrument in Malaysian property management, establishing the professional relationship between property owners/management corporations and property management service providers. This document is essential when engaging professional property management services for residential, commercial, or mixed-use properties in Malaysia. It encompasses comprehensive terms for service delivery, performance standards, fee structures, and operational procedures, while ensuring compliance with Malaysian legislation including the Strata Management Act 2013, Valuers, Appraisers, Estate Agents and Property Managers Act 1981, and other relevant regulations. The agreement is designed to protect the interests of all parties while facilitating efficient and professional property management services.
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1. Parties: Identification of the service provider and the property owner/management corporation
2. Background: Context of the agreement, property details, and purpose of the engagement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope of Services: Formal appointment and detailed description of core property management services
5. Service Provider's Obligations: Key responsibilities and duties of the property management company
6. Client's Obligations: Responsibilities and duties of the property owner/management corporation
7. Fees and Payment Terms: Service fees, payment schedule, and related financial terms
8. Performance Standards: Required service levels and quality standards
9. Term and Renewal: Duration of the agreement and renewal provisions
10. Insurance and Liability: Insurance requirements and allocation of risks
11. Termination: Grounds for termination and termination procedures
12. Confidentiality: Protection of confidential information and data privacy requirements
13. Dispute Resolution: Procedures for handling disputes and jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Emergency Services: Additional provisions for 24/7 emergency response services if required
2. Staff Requirements: Specific provisions for on-site staff if permanent staffing is required
3. Special Facilities Management: Additional terms for managing special facilities like swimming pools, gymnasiums
4. Green Building Compliance: Specific requirements for green building maintenance if applicable
5. Security Services: Detailed security service provisions if included in scope
6. Utilities Management: Specific provisions for utilities management if included
7. Tenant Coordination: Additional terms for managing tenant relationships in commercial properties
8. Marketing Services: Terms for property marketing services if required
1. Schedule 1 - Property Details: Detailed description of the property including location, facilities, and equipment
2. Schedule 2 - Scope of Services: Detailed breakdown of all services to be provided
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
4. Schedule 4 - Service Levels: Specific performance metrics and service level requirements
5. Schedule 5 - Required Reports: List and format of required periodic reports
6. Schedule 6 - Emergency Procedures: Detailed emergency response procedures and contacts
7. Schedule 7 - Maintenance Schedule: Planned maintenance schedules and procedures
8. Schedule 8 - Key Personnel: Details of key personnel assigned to the property
9. Appendix A - Required Forms: Standard forms for reporting, requests, and approvals
10. Appendix B - Insurance Requirements: Detailed insurance coverage requirements and limits
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