Is contract with property manager for condo resi or commercial customer / Husband and Wife signed contract issue June 13, 2023
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KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ********************** Is contract with property manager for condo resi or commercial customer / Husband and Wife signed contract issue June 13, 2023 *********************** Is contract with property manager for condo resi or commercial customer *********************** Ken I get conflicting answers. My question is, if I am contracting with a management company to provide services for a condominium association does this fall under the federal 3 day right to rescission act requiring this form? Or is this considered a commercial account? Bob ************************ Response *********************** I’d like to know who you’re getting the conflicting answers from, Tom, Dick or Harry? I hope you’re not asking buddies that rely on the Internet, because you shouldn’t confuse their Internet search with my law degree. A management company is invariably acting as an agent for the property owner, in your case, a condominium association [which may or may not be incorporated]. What you are really asking is whether you are required to give this management company a three day notice to cancel form. That would also require you to use a Residential All in One [a contract for residential consumers]. If the three day notice is required then there are usually other provisions which residential consumers are entitled to as well. The Condo Association is a commercial entity, incorporated or unincorporated. Nevertheless it is not a residential consumer. The management company and in fact the condo association would sign the contract through its authorized officer, typically its president. Residential consumers don’t sign a residential contract in a corporate capacity. The management company, or condo association itself, signs a Commercial All in One. In many circumstances each unit owner also needs to sign a contract, in which case each unit owner would sign a Residential All in One [unless of course it’s a commercial units property] Be sure to let Tom, Dick and Harry know. And next time, I suggest you ask me first. ******************** Husband and Wife signed contract issue ********************** Ken, Looking for guidance on paperwork again. Couple signed up, the husband signed everything. They are divorcing and husband wants to NOT be responsible. Wife has the house and wants to continue. Do we need a new agreement or can we simply remove husband for any communication and just work with Wife? Thank you, Ryan *************************** Response ************************** You need to do something more formal than simply deleting the husband from future communication. Best practice would be to have husband and wife sign a Contract Termination letter [you can draft it yourself] and then have the wife sign a new contract, the Residential All in One. As matter of fact and prudence, get the wife to sign the new contract first, then the two of them to sign the termination letter. Alternatively you can have the husband sign the existing contract saying he consents to being released from the contract and then you and the wife would sign a “consent” on the contract as well. You won’t get a new contract with a new date, but you will then have a contract with just the wife. ************************ STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
