Maryland Management Agreement between Condominium Association and Management

• Category: Contracts - Management
• State: Multi-State
• Control #: US-02421BG
• Format: Word; PDF; Rich Text

Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. In some States, the owners of the various units in the condominium have equal voice in the management and share an equal part of the expenses. In other States, control and liability for expenses are shared by a unit owner in the same ratio as the value of the unit bears to the value of the entire condominium project. The bigger condominium owners would have more say-so than the smaller condominium owners.

Maryland Management Agreement between Condominium Association and Management, also known as the Condominium Management Agreement, is a legally binding document that outlines the relationship, rights, and responsibilities between the condominium association and the management company hired to oversee the operations and maintenance of a condominium property. This agreement is essential for ensuring effective management and smooth functioning of the condominium community. The Maryland Management Agreement includes several key components and addresses various aspects of the working relationship between the condominium association and the management company. It typically covers the following: 1. Parties Involved: The agreement identifies the parties involved, including the condominium association, represented by its board of directors, and the management company, represented by its designated agents or representatives. It provides their official names, addresses, and contact information. 2. Scope of Services: The agreement outlines the specific services to be provided by the management company. These may include financial management, administrative support, maintenance and repairs, vendor management, budgeting, compliance with legal requirements, and enforcement of rules and regulations within the condominium community. 3. Term and Termination: The agreement specifies the duration of the management services, including the start and end dates of the contract. It also details the notice period and conditions necessary for terminating the agreement by either party. 4. Compensation and Payment Terms: This section describes the management company's compensation, which can be a fixed fee, a percentage of the association's income, or another agreed-upon arrangement. It also outlines the payment terms, including the frequency, method, and any late payment penalties. 5. Insurance and Liability: The agreement addresses the insurance requirements for both parties. It may require the management company to maintain professional liability insurance and fidelity coverage to protect against losses resulting from errors, omissions, or dishonest acts. The association might also be obliged to maintain adequate property and liability insurance for the condominium community. 6. Financial Control and Reporting: The agreement establishes the management company's role in managing financial matters, such as collecting assessments, maintaining proper accounting records, preparing financial statements, and presenting them to the association's board of directors or finance committee. 7. Access and Cooperation: This section outlines the association's duties, such as providing the management company with necessary information and access to the common areas, financial records, and other pertinent documents required for effective management. Types of Maryland Management Agreements between Condominium Association and Management: 1. Full-Service Management Agreement: This type of agreement encompasses a comprehensive range of services, including financial management, maintenance, administration, compliance, and enforcement. 2. Financial-Only Management Agreement: In this agreement, the management company is primarily responsible for financial management, bookkeeping, and preparing financial statements, while other administrative and maintenance tasks remain the association's responsibility. 3. Maintenance-Only Management Agreement: This type of agreement focuses on a management company's role in overseeing maintenance, repairs, and vendor management, while other core management functions may be handled by the association's own board or staff. 4. Project-Specific Management Agreement: Sometimes, an association might enter into a management agreement for a specific project, such as renovation or construction, where the management company takes charge of project management and coordination. In Maryland, specific provisions and requirements may exist under state laws and regulations governing condominiums and community associations. It is crucial for both the condominium association and the management company to be aware of and comply with these legal requirements while formulating their management agreement. Consulting with legal professionals experienced in Maryland condominium law is advisable to ensure the agreement aligns with state-specific regulations.