HOA Smart Contracts

The HOA Smart Contracts are frameworks for handling business across Zayuk, the HOA, and a 3rd party. The contract lays out how a 3rd party would handle their responsibilities in accordance through Zayuk Safe and the responsibilities held between said 3rd party and Zayuk on behalf of the association. All of our contracts are provided for the association and 3rd party to view when needed.

Smart Manager Contract
Smart Reserves Contract
Smart Vendor Contracts
  • Smart Manager Contract
    This agreement is made on [Date]

    Between:
    1. Zayuk (“Zayuk”), a technology service provider offering HOA management software solutions.
    2. [Homeowners Association Name] (“HOA”), acting as the contracting entity for the property.
    3. [HOA Manager Name] (“Manager”), contracted by the HOA to oversee day-to-day operations and management using Zayuk Safe’s platform.

    1. Purpose
    This agreement outlines the roles, responsibilities, and terms under which Zayuk, the HOA, and the Manager collaborate to ensure effective and transparent HOA operations. The Manager will primarily operate remotely, with limited on-site obligations as specified.

    2. Roles and Responsibilities

    2.1 Zayuk Safe

    • Provide and maintain access to the Zayuk Safe platform for managing HOA operations, including budgets, service requests, asset tracking, continuous reserves, and violations.
    • Ensure the platform is operational, addressing technical issues reported by the HOA or Manager promptly.
    • Implement software updates or functionality enhancements as needed to improve usability and efficiency.
    • Provide training for the Manager and HOA representatives on how to effectively use the platform.
    • Facilitate access to HOA bylaws, policies, and any regulatory updates required for operational compliance.
    • Facilitate access to HOA meetings and meeting summaries.
    • Facilitate access to asset ledger, continuous reserves statement, and a ticketing system that allows users to log violations, service requests, architecture requests, and unit changes.
    2.2 Manager

    • Operate remotely, utilizing Zayuk Safe for managing HOA operations.
    • Conduct on-site inspections as scheduled, documenting findings against the asset log maintained in Zayuk Safe.
    • Log all service requests, issues, violations, and resolutions in Zayuk Safe promptly and accurately.
    • Attend to one routine on-site inspection per month, with additional on-site time billed separately at the agreed hourly rate.
    • Attend to one meeting per month, primarily remotely, making sure to utilize a recording feature.
    • Report any Zayuk Safe usability issues and collaborate with Zayuk for resolution.
    • Submit periodic reports to the HOA, detailing budgets, service requests, inspections, and unresolved issues.

    3. On-Site Inspections and Asset Tracking

    3.1 Routine Inspections
    • The Manager will conduct one scheduled on-site inspection per month, agreed upon at least [7] days in advance.
    • Each inspection will include:
    • Verifying the condition of HOA assets logged in Zayuk Safe.
    • Identifying discrepancies or maintenance issues related to HOA assets.
    • Logging findings, including photos and notes, in Zayuk Safe within 24 hours.
    3.2 Additional On-Site Time
    • Time spent on-site beyond the scheduled inspection will be billed at $[Hourly Rate], prorated for the duration on-site.
    3.3 Escalation of Issues
    • Critical issues identified during inspections must be logged in Zayuk Safe and reported to the HOA within [24 hours].
    • The Manager must follow the escalation protocol for issues requiring urgent attention.

    4. Compliance with HOA Regulations

    4.1 The Manager must adhere to all HOA bylaws, policies, and applicable local regulations during operations and inspections.
    4.2 The HOA will ensure Zayuk Safe reflects updates to bylaws or policies that may impact management.

    5. Communication Protocols
    5.1 Meeting Management
    • All meetings between the Manager, HOA Board, and relevant parties must be conducted using the Meetings Feature within Zayuk Safe.
    • The Manager is responsible for utilizing Zayuk Safe’s Zoom Meetings & AI Companion to automatically generate and distribute sanitized meeting summaries and recordings to the HOA Board and other appropriate recipients within [24 hours].
    • Ensure recordings are properly stored and accessible through Zayuk Safe.
    5.2  Issue Management via Zayuk Safe Tickets
    • All issues, service requests, and violations must be logged as tickets within the Zayuk Safe platform.
    • Follow-ups, updates, and resolutions must be communicated exclusively through ticket comments within Zayuk Safe to maintain a complete and transparent record.
    • Any communications related to ticketed issues (including discussions in meetings) must be referenced back to the respective ticket to ensure alignment and traceability.
    5.3 Minimizing External Communication
    • Communication outside of Zayuk Safe (e.g., via personal emails, phone calls, or text messages) should be minimized and used only in exceptional circumstances.
    • If external communication is necessary, the Manager must document the interaction in Zayuk Safe within [12 hours] to ensure transparency and continuity.
    5.4 Accountability and Oversight
    • The Manager is responsible for ensuring all meeting records, ticket communications, and updates are properly logged and accessible in Zayuk Safe.
    • The HOA will regularly review meeting summaries and ticket comments to ensure compliance with these communication protocols.

    6. Insurance and Liability

    6.1 The Manager must maintain liability insurance of at least $[Amount], covering potential claims arising from on-site activities.xs
    6.2 The Manager indemnifies Zayuk and the HOA against liabilities resulting from negligence or misconduct.

    7. Training and Support

    7.1 Zayuk will provide initial and ongoing training to the Manager and HOA representatives on using the platform effectively.
    7.2 The Manager must complete training sessions as scheduled and ensure proficiency in using Zayuk Safe.

    8. Data Ownership, Confidentiality, and Access
    8.1 Data Ownership
    • All data entered, stored, or generated in Zayuk Safe belongs exclusively to the HOA, including but not limited to budgets, service requests, violations, asset logs, meeting records, and ticket history.
    8.2 Data Access and Export
    • The HOA may request an export of data from Zayuk Safe at any time, including full or partial data sets, such as:
    • Historical and current budgets.
    • Service request logs and resolutions.
    • Asset records, including inspection results.
    • Ticket histories, meeting summaries, and associated documentation.
    • Zayuk will provide the requested export in a secure and standard format (e.g., CSV, JSON, or PDF) within [7 business days] of receiving a written request from the HOA.
    • Exported data will be delivered via a secure download link or other encrypted means to ensure data integrity and security.
    8.3 Data Deletion Requests
    • The HOA may request deletion of specific data or complete data sets from Zayuk Safe.
    • Upon receipt of a written deletion request, Zayuk will:
    1. Confirm the scope of the request with the HOA to avoid unintentional data loss.Delete the specified data within [14 business days], ensuring compliance with applicable data protection and privacy regulations.
    2. Provide a confirmation report to the HOA verifying that the requested data has been deleted from all active systems.
    3. Data required for legal, regulatory, or contractual purposes may be retained by Zayuk for the minimum period required by law, with full disclosure to the HOA.
    8.4 Confidentiality
    • Zayuk and the Manager must treat all HOA data as confidential and ensure that it is not shared with unauthorized parties.
    • Access to data is restricted to authorized HOA members, the Manager, and Zayuk’s technical support team for maintenance purposes.
    8.5 Data Security and Compliance
    • Zayuk will implement robust security measures, including encryption, access control, and regular audits, to protect HOA data.
    • All data storage and handling will comply with applicable data protection laws, such as GDPR, CCPA, or other relevant regulations.
    8.6 HOA Oversight
    • The HOA will have full administrative access to review, audit, and manage data in Zayuk Safe at any time.

    9. Fees and Payment
    9.1 The Manager will receive a base monthly fee of $[Fee] for remote management and one scheduled inspection.
    9.2 Additional on-site time will be billed at $[Hourly Rate], prorated for actual time spent.
    9.3 Payment terms: invoices due within [30 days] of receipt.
    9.4 Payment terms: all invoices will be issued through Zayuk Safe's invoicing system.

    10. Non-Performance and Breach of Contract
    10.1 Non-performance includes:
    • Failure to log activities in Zayuk Safe.
    • Repeated failure to meet KPIs.
    • Gross negligence during inspections or remote operations.
    10.2 Remedies for non-performance may include termination, withholding payments, or additional performance reviews.

    11. Termination and Handover
    11.1 This contract may be terminated by either party with [30 days’] notice or immediately in cases of gross misconduct or breach of contract.
    11.2 Upon termination, the Manager must transfer all data, reports, and documents logged in Zayuk Safe to the HOA.

    12. Contingency Planning

    12.1 The Manager will maintain a backup plan for operational continuity in case of emergencies, including temporary delegation of duties.
    12.2 Zayuk will ensure system redundancy to minimize disruptions and provide technical support during outages.

    13. Dispute Resolution

    Disputes will first be addressed through mediation. If unresolved, arbitration will be conducted in [Location].

    14. Amendments

    Amendments to this agreement must be in writing and signed by all parties.

    15. Signatures


    [Homeowners Association Name]
    Signature: _________________________  
    Date: ____________

    [Third-Party HOA Manager Name]
    Signature: _________________________  
    Date: ____________

    Zayuk Safe
    Signature: _________________________  
    Date: ____________
  • Smart Reserves Inspection Contract
    This agreement is made on [Date]

    Between:
    1. Zayuk (“Zayuk”), a technology service provider offering HOA management software solutions.
    2. [Homeowners Association Name] (“HOA”), acting as the contracting entity for the property.
    3. [Inspection Provider Name] (“Inspector”), contracted by the HOA to perform reserves inspections, including reality capture, and update the Common Assets Directory in Zayuk Safe.

    1. Purpose
    This contract outlines the responsibilities and expectations for conducting Smart Reserves Inspections, incorporating reality capture technology to assess the condition of HOA-managed properties. It includes the Inspector’s role in verifying and updating the Common Assets Directory within Zayuk Safe, ensuring accuracy and relevance for reserve planning.

    2. Scope of Inspection Services
    2.1 Reality Capture Documentation by Zayuk Safe
    Zayuk Safe will perform reality capture using advanced technologies, including drones, 3D scanners, and high-resolution photography, to document:
    Roofs: Evaluate for wear, structural issues, and potential maintenance requirements.
    Elevated Exterior Elements: Inspect balconies, stairways, railings, and other elevated structures for safety and integrity. • Common Areas: Assess the condition of shared spaces such as hallways, parking lots, recreational facilities, and landscaping. • Specific Assets: Capture additional assets requested by the Inspector or HOA, as agreed upon before the inspection. • Inspector’s Role in Reality Capture:
    • The Inspector must either:
    1. Attend reality capture sessions conducted by Zayuk Safe to guide the process in real-time.
    2. Submit specific requests for assets or sections of the property to be documented.
    2.2 Common Assets Directory Update
    • The Inspector will review and verify the Common Assets Directory within Zayuk Safe, ensuring alignment with the property’s current state.
    • Confirm or update details of assets logged in previous inspections, including condition, lifespan, and maintenance history. • Add new assets identified during the current inspection with relevant details, such as:
    1. Asset description.
    2. Location.
    3. Current condition.
    4. Estimated remaining lifespan.
    2.3 Statistical and Historical Analysis
    • The Inspector will analyze and verify statistics from the previous year’s inspection, including:
    • Any changes in asset condition or status.
    • Updates to repair or maintenance schedules.
    • Adjustments to estimated costs for repairs or replacements.
    • Create updated statistics and projections for the current year, including lifecycle estimates and budget impacts, and input these into Zayuk Safe.
    2.4 Standard Reserves Inspection Elements
    • Conduct a reserves inspection encompassing:
    Lifecycle Analysis: Evaluate the remaining useful life of major components and systems.
    Condition Assessment: Identify current deficiencies, wear, and required maintenance.
    Cost Projections: Estimate the costs for maintenance, repair, or replacement of major components.
    Compliance Review: Verify adherence to safety standards, building codes, and HOA regulations.
    2.5 Inspection Deliverables
    The Inspector will provide the following within [10 business days] of completing the inspection:
    • A comprehensive reserves inspection report including:
    • Updated Common Assets Directory with detailed entries for all assessed assets.
    • Condition summaries, lifecycle projections, and maintenance recommendations.
    • Reality capture files integrated into Zayuk Safe, tagged to corresponding assets.
    • Creation of Zayuk Safe tickets for identified issues, linked to reality capture files and inspection findings.

    3. Roles and Responsibilities
    3.1 Zayuk Safe
    • Conduct reality capture sessions and ensure high-quality imaging and data.
    • Provide tools within Zayuk Safe for updating the Common Assets Directory and integrating inspection findings.
    • Offer technical support for data entry, ticket creation, and issue tracking within the platform.
    3.2 HOA
    • Coordinate with Zayuk Safe and the Inspector to schedule inspections and provide property access.
    • Review inspection findings, approve updates to the Common Assets Directory, and prioritize recommended actions.
    3.3 Inspector
    • Conduct reserves inspections thoroughly, utilizing reality capture data.
    • Update and verify the Common Assets Directory within Zayuk Safe based on inspection findings.
    • Review and validate previous year’s statistics and data, correcting discrepancies as necessary.
    • Document all findings and recommendations in the inspection report and upload them to Zayuk Safe.
    • Create tickets for identified issues, linking them to updated asset records and reality capture files.

    4. Reality Capture Standards
    4.1 Quality and Coverage
    • Reality capture technology must produce high-resolution, accurate, and complete documentation of all requested assets.
    • Zayuk Safe will ensure certified personnel operate drones or other capture devices in compliance with regulations.
    4.2 Custom Requests by Inspector
    • The Inspector may request additional areas or assets to be captured during the reality capture session.
    • Requests must be submitted at least [7 days] before the scheduled session to ensure proper planning.
    4.3 Integration and Usability
    • All reality capture files will be uploaded to Zayuk Safe and tagged to corresponding assets in the Common Assets Directory. • The Inspector will ensure all files are correctly linked to inspection findings and recommendations.

    5. Fees and Payment
    • The HOA agrees to pay:
    • A base fee of $[Amount] for the reserves inspection, including reality capture and Common Assets Directory updates.
    • Additional fees of $[Rate] per hour or per asset for custom reality capture requests or updates.
    • Payment terms: invoices due within [30 days] of receipt.
    • Payment terms: all invoices will be issued through Zayuk Safe's invoicing system.

    6. Term and Termination
    6.1 Contract Term
    • This contract is valid from [Start Date] until the inspection and deliverables are completed and approved by the HOA.
    6.2 Termination
    • Either party may terminate the agreement with [7 days’] notice in writing, provided all work completed to date is compensated.

    7. Dispute Resolution
    Disputes arising from this contract will first be addressed through mediation. If unresolved, arbitration will be conducted in [Location].

    8. Amendments
    Amendments to this contract must be in writing and signed by all parties.

    9. Signatures
    Zayuk Safe LLCSignature: _________________________  Date: ____________
    [Homeowners Association Name]Signature: _________________________  Date: ____________
    [Inspection Provider Name]Signature: _________________________  Date: ____________‍
  • Smart Vendor Contracts
    This agreement is made on [Date]

    Between:
    1. Zayuk  (“Zayuk”),
    a technology service provider offering HOA management software solutions to facilitate documentation and payments.
    2. [Homeowners Association Name] (“HOA”),
    the recipient of services.
    3. [Vendor Name] (“Vendor”),
    providing contracted services to the HOA.

    1. Purpose
    This agreement establishes the terms under which the Vendor will document their work and manage invoicing through Zayuk Safe, ensuring transparency, accountability, and efficient payment processing.

    2. Scope of Services
    The Vendor agrees to provide the following services:
    • [Service Description, e.g., landscaping, maintenance, repairs, etc.]
    • Follow any agreed-upon service schedule or specific job requests initiated by the HOA.

    3. Documentation of Work in Zayuk Safe
    3.1 Work Logging
    • The Vendor must document all work performed using Zayuk Safe’s Work Log feature.
    This includes:
    • A description of tasks completed.
    • Time spent on each task.
    • Photos or other evidence of completed work, uploaded directly to the platform.
    • Notes on any issues encountered or follow-up actions required.
    3.2 Issue Reporting
    • If the Vendor identifies any problems or maintenance needs beyond the scope of their service, they must create a ticket in Zayuk Safe, detailing the issue and any recommendations.
    3.3 Task Completion Verification
    • Once work is completed, the Vendor must mark the job as finished in Zayuk Safe.
    • The HOA will review and confirm task completion through Zayuk Safe before payment processing.

    4. Invoice Creation and Payment Processing in Zayuk Safe
    4.1 Invoice Creation
    • The Vendor will create invoices through the Stripe Payment Dashboard integrated within Zayuk Safe.
    Each invoice must include:
    • A detailed breakdown of services performed.
    • Associated costs, including any applicable taxes or surcharges.
    • Dates and times of service delivery.
    4.2 Invoice Submission
    • Once created, invoices will be submitted to the HOA via Zayuk Safe’s Payment Portal, triggering an automatic notification to the HOA.
    • A copy of the invoice will be stored in Zayuk Safe’s Financial Dashboard for reference by both the Vendor and HOA.
    4.3 Payment Processing
    • The HOA will review and approve the invoice directly within Zayuk Safe. • Payment will be processed via the integrated Stripe system, offering options such as:
    • Credit card. • ACH transfer. • Other supported payment methods.
    • The Vendor will receive payment confirmation through Zayuk Safe once the transaction is successfully completed.

    5. Compliance and Recordkeeping
    • The Vendor agrees to use Zayuk Safe exclusively for all work documentation, invoicing, and issue tracking to ensure transparency.
    • All logs, tickets, and invoices will be archived in Zayuk Safe, providing a complete service history for auditing or future reference.

    6. Fees and Payment Terms
    • Payments will be made based on approved invoices submitted through Zayuk Safe.
    • The HOA agrees to process payments within [30 days] of receiving a complete and accurate invoice.
    • Late payments will incur a [percentage or flat fee] penalty as outlined in Zayuk Safe’s billing policies.

    7. Term and Termination
    7.1 Contract Term
    • This contract is valid from [Start Date] until terminated by either party with [X days’] notice.
    7.2 Termination
    • The HOA or Vendor may terminate the agreement if terms are not upheld. Any outstanding work or payments must be settled before termination is finalized.

    8. Dispute Resolution
    Disputes arising from this agreement will be addressed through mediation. If unresolved, arbitration will be conducted in [Location].

    9. Amendments
    Amendments to this agreement must be made in writing and signed by all parties.

    10. Signatures

    [Homeowners Association Name]
    Signature: _________________________  
    Date: ____________

    [Vendor Name]
    Signature: _________________________  
    Date: ____________

    Zayuk Safe
    Signature: _________________________  
    Date: ____________