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The Falcon Group Acquires Maxim Management Group

The Falcon Group Acquires Maxim Management Group

  • Posted: Aug 04, 2016
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MIAMI–In July 2016, The Falcon Group completed its acquisition of Maxim Management Group, an industry-leading project management and owner’s representation firm in Miami, Florida. The recent acquisition advances The Falcon Group’s mission of providing full-service engineering, architectural and project management solutions to the multi-family residential, commercial and hospitality market sectors.

 

News The Falcon GroupAs part of said acquisition, Max Sadik joins The Falcon Group as a Restoration Specialist. He is an experienced business operator and certified general contractor in the State of Florida. “I am excited to bring my sales and management experience to The Falcon Group,” says Sadik. “And believe there is going to be great synergy between myself, the team and our clients moving forward.”

 

The combination of the two companies will increase the value The Falcon Group delivers to its client base. “We are very excited about our recent business venture, said Principal William Pyznar. “Adding the local project management and general contracting background to our already strong restoration engineering and management team will bring a deeper level of insight and service to our clients in Southeast Florida. We look forward to providing a focus on clear, constant, transparent project communication and value engineering to exceed the expectations of our clients, with long-term durability in mind.” 

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If you don’t hire someone to field these inquiries, you’ll have to do it yourself.

If you don’t hire someone to field these inquiries, you’ll have to do it yourself.

  • Posted: May 24, 2016
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Vacation Management managers can be found on SFPMA.com

Vacation listing websites help you book renters but they can take up to 30 percent in commissions. While this may seem high, remember that each booking can involve dozens of inquiries for each renter. If you don’t hire someone to field these inquiries, you’ll have to do it yourself.

You probably don’t want to rely on a listing website alone for your marketing. If you do, you may be costing yourself a lot of rented nights each year. Here are some relevant facts from the Vacation Rental Property Marketing Blog about vacation rental owners’ marketing expenses:

Vacation rental owners spent an average of $1,150 per year marketing their properties in 2011.

Half of all vacation rental owners only use listing sites to market their properties. This group experiences annual average occupancy rates of 54 percent.
Vacation rental owners who combine listing sites with their own websites bump their occupancy rates up to 76 percent, on average.
94 percent of all vacation rental owners believe they could be doing more to promote their properties.

Let us help by listing your Vacation Rental Company with us: 

SFPMA has a Directory used by Thousands of Clients looking for the management services you provide.

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What is “Transition or Turnover?”

What is “Transition or Turnover?”

  • Posted: Oct 20, 2015
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“Transition” is the term of art describing the multi-step process to transfer responsibility for the Community Association to the homeowners/unit owners.

Transition is a process, not an event. At the end of that process, control of the Community Association is ultimately turned over to the owners.

 

For condominiums, the Declaration establishes a “Period of Declarant Control” based upon statute. For property owners’ associations, the Declaration may establish such a period, but currently, the declarant control period is is not addressed by statute.

During the Period of Declarant Control, the Developer appoints members of the board of directors for the Association; hires and has contact with the Association’s management company; and is the architectural control committee. At the expiration of the Period of Declarant Control, the Developer resigns its board of director positions. The owners hold a meeting to elect a new board of directors comprised of owners. The Developer turns over the Association’s books and records, and relinquishes control of the Association to the owners.

How do we begin the transition process?

As transition nears, it is time for the Declarant and the owners to initiate discussions on the transition process, and for owners to become familiar with the governing documents. There are several suggestions to help get the process started in earnest. For example, owners can propose adding one or more homeowners to the Board prior to transition; can set up a transition committee or advisory committee; can schedule a community meeting to explain that control of the Association will soon be turned over to the owners; and can seek volunteers for the transition committee. Some of the owners may have experience and expertise in the issues the community may face, and these owners can be very helpful druing transition.

 

Conclusion

Transition requires a thorough review and understanding of all aspects of your Association, including knowledge of financial issues; maintenance and engineering needs; the need to transfer common area (in non-condominium associations); insurance policies and needs; management responsibilities; covenant enforcement; and so on. Without knowledgeable guidance from an independent attorney experienced in common interest communities, owners can be overwhelmed with the immense responsibilities. Start early with your transition committee and contact a knowledgeable attorney to begin the process with your association.

 

Stop us if you’ve heard this one before: You announce an HOA election providing proper notice, yet only a handful of owners show up to vote. You end up short of your quorum requirements, and you have to start all over again with your fingers crossed that next time, your luck will be better, and your election will be successful. Or instead, you hold your election, get definitive results—you think—but then the election gets challenged.
We can help you do better!  many community association lawyers who’ve devoted their extensive—and impressive—careers to solving the challenges HOAs face every day. You’ll learn from members valuable, workable tactics you can implement immediately to make your election process smoother, more successful, and less contentious.
You’ll learn:

1- How to determine the specific steps your HOA must follow to conduct proper elections
2- Details on the most common mistakes boards make from election start to finish, and the most likely challenges to your election—and how to nip them in the bud
3- Information to help you identify your quorum requirements and creative tactics to ensure you get a quorum
4- Common rules governing who can run for your HOA board, along with insights on the pros and cons of changing your eligibility requirements—and tips on how to do it if you decide you should
5- Suggestions for general rules your board may want to consider passing to make holding elections easier
6- Tips to provide effective notice—and undercut any attempt to unwind your completed election based on claims of insufficient or improper notice
7- What you must know about proxies
8- Techniques you can deploy on the day of the election to avoid on-the-spot glitches
Plus much more!
It’s just an hour of your time, but you’ll walk away much wiser and better prepared for your HOA’s next election.

 

 

contact KBRLegal.com They are the experts in Association Law in South Florida. The Courses they give monthly can help you with understanding what is needed as a board member and your community.

 

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DEVELOPER TRANSITION

DEVELOPER TRANSITION

  • Posted: Oct 20, 2015
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Community associations are conceived by the developer who typically forms a non-profit corporation to own the land and amenities

 

In the case of condominiums, certain parts of the building exterior. Initially, the developer owns all of the lots or units in the association and has all of the votes; therefore, the developer controls the association. A board of directors typically consisting of the developer and other individuals professionally related to the developer is established to manage the affairs of the association including not only the physical attributes, but also the financial and administrative issues such as collecting owner assessments, holding the annual meeting, and enforcing the deed restrictions.

 

Early in the development process the developer, acting on behalf of the board of directors, may hire a manager or management firm and delegate much of the day-to-day operation of the association to this third-party manager. This seems to be where things get a bit confusing at times for not only the developer but for the homeowners and the manager as well. The management company often finds itself in a juggling act between meeting the desires of the developer while also acting in the best interest of their employer (the board of directors). The board has a fiduciary responsibility to make decisions and set policies that are in the best interest of the association and the manager is bound by contract to carry out the decisions and policies of the board. Sounds simple, but in the real world of community living and governance, misconceptions about the different parties’ roles and responsibilities grow right along with the community.

 

To clarify the roles that each party plays, you will find below a short list of the most common misconceptions about developer-controlled communities. Please keep in mind that the clarifications are based on typical scenarios and you should always refer to the governing documents for your specific community to obtain the most reliable answers.
Does the manager work for the developer? NO, Managers act at the direction of the entire board of directors, not the developer, one individual director or committee member (unless the board grants a particular individual the authority to deal with a specific matter). The management agreement between an association and a management company usually stipulates that the board should identify one person to act as liaison to the manager.
The developer pays the manager. Not so! Typically, the developer will subsidize or deficit fund the association until there are homeowners paying in sufficient assessments to cover the expenses. The association, whether funded by developer subsidy or owner assessments, pays the manager and all other contractors that perform work for the association. The board collectively decides on all such transactions.

 

The developer does not pay assessments. In some cases, the developer drafts the documents in such a way that it is exempt from paying regular assessments. With that get out of jail free card exemption, the developer assumes the responsibility for funding the budget until there are enough homeowners paying assessments to cover all of the expenses of the association. The board of directors (including the developer members) must set the rate of the assessment based on what each lot should pay – – assuming the community is complete and all lots were assessed.

 

The manager is the homeowners’ advocate. Well, not exactly. Although the manager is responsible for implementing the decisions and policies of the board, homeowners should have enough interest in their community to present their concerns to the board either in person or in writing. The best way to be heard is to submit to the management company in writing anything you would like passed on to the board. The manager does not vote on any board issues. Owners should attend board meetings to learn what’s happening in the association. Those who can’t attend meetings should read the newsletter, visit your community website or contact board or committee members for updates. If you are unaware of whether or not your association maintains a website, you should contact the manager or management firm.

 

The manager is responsible for choosing contractors. Keeping in mind that the management company itself is a contractor of the association, the board (with occasional recommendations made by the management company) tries to choose the best contractors for the association. The manager does not have direct control over the contractors’ actions and they are not responsible for poor performance. The manager is responsible for monitoring contractors’ performance and reporting problems to the board. The board is responsible for any subsequent actions. The developer is responsible for the quality and quantity of the amenities, replacement of defective components and addition of amenities during the development period. Once amenities are completed, they are turned over to the association for the purpose of upkeep, insuring, and use.

 

The developer is responsible for construction defects in individual homes. Only if the developer built the home is he responsible for defects or poor construction. The homebuilder is responsible for problems that arise relating to construction of the home, lot drainage and other issues involving an individual home within a community. In a single family development, this distinction is very clear; however, in a condominium project, the governing documents will detail those items that become the individual owner’s responsibility versus association responsibility.

 

To summarize, the management duties of a developer-controlled community should not differ significantly from a homeowner-controlled community. In each case, the manager works at the direction of the board of directors. The developer board just happens to be comprised of the same person(s) wearing several hats developer, director, committee member and association member. Both the manager and the board must work together and in the appropriate capacity that best serves the association and its entire membership. When these interests work in harmony, the community as a whole is strengthened.

 

We stand ready to assist our Community Association clients at every stage of a project. In the transition period, our attorneys consult with the newly-elected Board and facilitate compliance from the developer in turning over documents and payments owed to the Association. Our lawyers have successfully shepherded many Boards through developer transition, attesting to our many decades of experience.

 

FS 720.303(8) ASSOCIATION FUNDS; COMMINGLING.–
(c) Association funds may not be used by a developer to defend a civil or criminal action, administrative proceeding, or arbitration proceeding that has been filed against the developer or directors appointed to the association board by the developer, even when the subject of the action or proceeding concerns the operation of the developer-controlled association.

Florida Statutes 720 contains many provisions that are specifically valid for so-called developer-controlled associations, meaning associations that are not fully built out and the association board consists of members appointed by the developer. FS 720.303(8) clearly states that legal fees are the responsibility of the developer, as long as he/she controls the association. Admittedly, not everybody knows it, but a developer who hired a law firm to sue a homeowner for libel and/or slander and is otherwise involved in all kinds of lawsuits should take the time to confer with his law firm about specific provisions in FS 720.

 

DEVELOPER TRANSITION – FREQUENTLY ASKED QUESTIONS
Q: What is Developer Transition?
A: Transition (more commonly referred to as “turnover”) is simply the process in which the right to control the association shifts from the developer to the homeowners. Some homeowners mistakenly believe that “turnover” is the point in time they receive title to the buildings and common property and confirm that the developer has met all of its obligations. This is not the case. The transfer of property takes place as each home or unit is completed and sold. What is transferred at developer transition is control of the association.
Q: Why is Developer Transition significant?
A: Developer transition is an important milestone for a community. Following a successful transition, the homeowners are in control of their own community and can make all the decisions through their elected Board of Directors.
Q: When does Developer Transition occur?
A: For condominiums, transition or turnover begins when the developer has sold 15% or more of the total units. At this point, the homeowners are entitled to elect one-third (1/3) of the members of the Board. The homeowners are entitled to elect a majority of the Board three (3) years after 50% of the units have been sold, or three (3) months after 90% of the units have been sold, whichever occurs first. There are other statutory events that can trigger the transition, such as bankruptcy or receivership for the developer, which should be discussed further with legal counsel.
For homeowners associations (“HOA’s”), the homeowners are entitled to elect a majority of the Board three (3) months after 90% of the homes have been sold.
Q: Can the Developer require an earlier Transition date?
A: Yes. The developer may provide an early transition date in the community documents.
Q: For how long will the Developer be entitled to elect Board members?
A: The developer will be entitled to appoint at least one member to the Board provided the developer holds for sale at least five percent (5%) of the homes.
Q: My condominium association is ready for Developer Transition but nothing has happened. What happens next?
A: Within 75 days after the homeowners are entitled to elect a member or members of the Board, the association (as controlled by the developer) shall give not less than 60 days’ notice of an election for the members of the Board. The notice may be given by any unit owner if the developer-controlled association fails to do so.
Q: Must the homeowners accept Developer Transition?
A: Yes. When the homeowners are legally permitted to take control and control is tendered by the developer, the homeowners must accept operational responsibility.
Q: Is the developer obligated to turn over anything other than control of the Board?
A: Yes. At the time of transfer of control, the developer must deliver to the new Board, at the developer’s expense, all property of the association including, but not limited to, association funds, meeting books, original Declaration and bylaws, plans and specifications, insurance policies, agreements and service contracts and all warranties. The association’s legal counsel should also ensure that title to all parcels is deeded to the association, free and clear of liens. These items must be delivered within 90 days of the date that the homeowners are entitled to take control of the association. The association’s legal counsel can provide a comprehensive checklist of items that must be delivered by the developer.
Q: How do the homeowners confirm at Transition that the association’s finances are in good order?
A: The association’s financial records generated since the incorporation of the association through the date of turnover must be audited by an independent CPA, at the expense of the developer. The accountant determines if expenditures were made for association purposes and whether the developer paid the proper amounts of assessments.
Q: Following Transition, can the homeowners cancel or break agreements entered into by the Developer-controlled Board?
A: Yes. With the vote of 75% of the membership, a condominium association can cancel original contracts entered into by the developer for the maintenance, management or operation of the condominium property. This is significant because it allows the homeowner-controlled Board to make its own choices for management, vendors and other services such as television programming services.

 

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23 Totally Awesome upgrades for Managers | SFPMA

23 Totally Awesome upgrades for Managers | SFPMA

  • Posted: Jul 12, 2015
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23 Totally Awesome upgrades for Landlords

 

1. Never Forget a Paint Color Again

This hack comes from my good friend, who suggests writing the exact paint color/brand used for every rental lease agreement. This way, you will always know what paint was used when the tenant moves out and the property needs touching up!

In a related tip (and something I also do,) use the same color paint in all your units. No need to remember what color each place is painted that way, and no partial gallons of leftover paint sitting around – it just gets used on the next rehab.  I also use the same color on both walls and ceilings, which allows the painter to “spray” the entire unit rather than roll, cutting down the costs significantly (tip: choose a very light color if you are going to do this. No one likes a dark ceiling!)

2. Save Money on Mini-Blinds

We like to make sure all units have clean, white mini-blinds in every window. When buying those miniblinds at Walmart or Home Depot, they typically cost around $4 for blind up to 36″ in width and $20 for blinds that are wider than 36″. Rather than spending $20.00 on each window for blinds, we simply use 2 blinds, side by side. Not only does this still look great for half the cost, it also makes it cheaper to replace just one side in the future if a blind gets damaged.

3. Forget the Mini-blinds Altogether

While I love using mini-blinds, they do get destroyed easily by kids and pets, plus they are a nightmare to clean.  – Put up a 99-cent curtain rod and some cheap curtains from Goodwill or eBay (like $4). This way, there are multiple benefits:

  • Cheaper than the $8 mini-blinds for every window.
  • Makes the place look nicer and more of a home feel.
  • When the tenant departs they can be washed and rehung – no more throwing away damaged miniblinds that wind up in a landfill.  Then you don’t have to buy more mini-blinds either. Better for the environment and saves money on turnover.

4. Easy, Low Cost Carpet

I’ve tried a lot of different methods for getting carpet installed – from doing it myself to hiring contractors on Craigslist. However, for me, nothing has come close in terms of cost or convenience to just have Home Depot install it. In my area, Home Depot’s contractors will usually install a whole house of carpet for $37 (flat fee) if you buy the carpet through them. Carpet prices vary, but I typically spend under $1.00 per square foot for the carpet and choose the “72 hour guaranteed install” option. It is easy, simple, and cheap. Plus, I can order it, schedule it, and do 90% of the work online.

 

 

5. Angry Tenants+Hollow Doors=Easy Fix

Maybe I just live in an angry part of the world, but I have a real problem with holes getting punched in hollow-core bedroom doors. Maybe it makes them feel more powerful knowing they can punch through 1/16″ thick piece of cardboard.  However, I’ve discovered a great fix for this.  Rather than replacing (or trying to patch… which never works), just buy a $6 mirror at Wal-Mart or Home Depot (they are about 4 feet long and 12 inches wide, like this one) and screw it to the door. Not only does it hide the hole, it makes the hallway look larger and ads some decoration to a boring space!

Another similar suggestion: If you have a bad spot on the bottom half of your interior doors just go buy 2 cheap square metal vents (look like hvac return covers) and cut out the square almost the same size to fit one on each side of the door. It also helps airflow in the home.

6. Replace Flooring the Quick and Easy Way

If you have ugly vinyl flooring in a kitchen bathroom, or anywhere else, the demo can be expensive and messy. Instead, just install a floating vinyl right over the top!  My favorite flooring is called “Allure” made by TrafficMASTER and it comes in both a wood design and tile design. It works in the kitchen, bathrooms, or anywhere and anyone can install it in just hours. I can’t recommend this stuff enough!

I actually have actually begun to install it through entire homes, both for aesthetic reasons and because it lasts forever. This stuff can withstand kids, pets, spills, and anything your tenants throw at it.  It runs about $2 a square foot at Home Depot.

7. Appliances Looking Bad? Don’t Replace, Repaint!

I learned this trick from a local appliance repair company.  If you have a stove or refrigerator that is showing signs of age, usually with small rust stains shining through, a $5 can of “appliance paint” from the hardware store can make your appliances look as good as new. I always keep a can of this handy when turning over a unit and am continually amazed at how great it works!

8. No More Slippery Stair Treads

If your rental properties have wood steps, it is easy for those steps to get slippery after rain. For the safety of your tenants (and to reduce your risk of being sued!) nail down strips of roofing shingles on your stairs with roofing nails. Trust me – it actually looks great (no one will know it’s a shingle) and is extremely cost effective.

 

 

9. Appliance Sale!

Appliances go on sale at the big box stores around Christmas, Thanksgiving, Memorial Day, Labor Day, and the Fourth Of July, so take inventory each year of what you need and plan your purchases around those holidays. (The same is true for paint!)

10. Quick, Easy, Cheap Lock Changes

Several BiggerPockets members recommend using either KwikSet Smartkeys, which allow you to quickly change a lock in just minutes, which allow you to change the lock cylinder easily and for around $5 each time.

11. Use Apps to Simplify Your Life

Use those portable scanners that can quickly take receipts, leases, invoices, checks, etc and turn them into digital docs; Use tracking mileage apps, the flashlight app, and a Voip service — so voicemails can be delivered as files to your email inbox.

12. Save Your Cabinet Bottoms

“Put scrap vinyl flooring under the sinks and curl up behind the plumbing.  This way, if there’s a sink leak, it’s not ruining the bottom of the cabinet.  If the tenant has a cleaning supply spill, it’s not ruining the bottom of the cabinet. It also looks pretty nice too.”

13. Store Your Documents Online

“Use Google Docs so you can access your rental contracts at home or the office – easy and free!”

14. Protect Your Walls Above the Shower

“I like to put small vinyl door stoppers on the walls above bathtubs. They let tenants know exactly where to put their shower curtain rod, and they also protect the walls from repeated installations.”

15. Money Saving Tip for Agents

“If you’re a licensed agent buying a rental for yourself, you probably don’t want to take a commission.  Instead, you should consider rolling the commission into the purchase price as a credit/discount.  In other words, if you’re buying a property for $100K and are entitled to a $3K commission on the purchase, ask them to knock the purchase price down by $3K (to $97K) instead. Commissions are taxed at ordinary income and profits when you sell the rental are taxed at capital gains rates. So, you’ll save money on taxes by taking the profit on the back-end (when you sell) than on the front-end (as a commission). Two caveats:

  1. If your marginal tax bracket is lower than your capital gains rates, you can ignore everything above.
  2. If you plan to hold the rental forever, you’ll likely be able to earn more on the commission reinvestment than what you’ll save in taxes (time value of money). But, if you’ll be selling in fewer than 5 years, rolling it into the basis is probably a better investment.”

16. Easy Tenant Retention Ideas

several great tips for keeping your tenants happy and paying! She says:

  1. I send birthday cards to each tenant with a $5 Starbucks card
  2. I send a postcard to each ‘door’ once a quarter, asking them if there’s anything I can do for them.
  3. On a tenant’s one year anniversary, I give them an ‘upgrade’ of their choice, within reason. It’s usually something I would do when they move out anyway, I just get to do it with them there.

17. Keep Things The Same

“We use standard paint colors, the same tile, same faucets, same toilets, same door hardware, same shingles, same ceiling fans etc on all of our rentals. When we need to do repairs, touch-ups etc it is obvious what the specs are. Leftovers don’t get wasted, just stored until needed.”

18. Automatic Lease Extensions

Lease clause that renews leases for another 12 months with a built in rent increase. Lease clause allowing tenant to buy out lease at any time for a specific dollar amount (my dollar amount is about 2x rent).

19. How to Keep Cats Out of the Flower Beds

“If you have cats in the neighborhood who have discovered your planting beds as a good place for their deposits, lay down chicken wire mesh on top of the soil and cover it lightly with mulch.  It is the only deterrent that has worked for us.  Plants can still be planted by cutting a spot in the chicken wire mesh.  You or your tenants can also place potted plants on top of it.  The cats try scratching once, get their claws caught on the wire and won’t come back.”

20. Easy Lease Signing and Storage

“Use for lease signings and file them away in Dropbox.”

21. No More Broken Water Heaters

“When you buy a property, if water heater is more than 2 yrs old then just go ahead and replace with a new one, sell the old one on Craigslist and you don’t get the 2 am call that unit is flooding!”

22. No More Broken Cabinet Drawers

Take out and flip over your kitchen drawers (bottom of the drawer facing upward). Take liquid nails or adhesive spray and apply the adhesive to all four inner creases where the drawers meet.  This will make the drawer stronger and should not break for years to come.

23. Brighter Units

If you want your rental appear brighter and more appealing to renters.  Replace all the light bulbs in the home with the clear light bulbs that are usually meant for bathrooms. Renters will subconsciously remember your unit over the rentals that had poor light due to a cheap 40 watt bulbs.

24…  ?

Alright, now it’s your turn.?

Leave your comments below!  let me know your favorite from the list above.

To prevent mold or mildew in bathrooms we install exhaust fans in all bathrooms. The Simple tweak is to wire the exhaust fan to the same switch as the light fixture. If the fan and light are separate tenants will never turn on the fan but they will always turn on the light. Wire them to the same switch and if forces tenants to use exhaust fan while taking a steamy shower. (check local codes for GFCI protection)

Ask your paint supplier to print off an extra copy of the paint stickers they put on the top of the can. Stick these to the underside of a kitchen cabinet drawer, and label them with specific rooms, and dates. This way the info is never lost, and always on site. You can pop the drawer out and take it to the hardware store if needed.

 

 

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