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Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

It’s too easy to steal from vulnerable Florida homeowners. Lawmakers can fix HOA laws  Read more at: https://www.miamiherald.com/opinion/op-ed/article269211377.html#storylink=cpy

It’s too easy to steal from vulnerable Florida homeowners. Lawmakers can fix HOA laws Read more at: https://www.miamiherald.com/opinion/op-ed/article269211377.html#storylink=cpy

The recent arrests of Hammocks Community Association members have cast a long-overdue light on the plight of helpless homeowners when the directors of a homeowners association (HOA) go deliberately wrong.

The Florida Legislature specifically designed the state’s HOA law to limit government’s ability to regulate HOAs, explaining, “It is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations.”

While this may be a virtuous conceptual approach, it has created the unintended consequence of leaving homeowners with little, if any, protection or opportunity of redress when HOA board members raid association bank accounts. In this criminal case, we believe the evidence can prove the theft of well over $1 million of homeowners’ monies. But we think the actual loss is much higher.

Sadly, we have seen instances of greedy or unscrupulous board members take advantage of this lack of oversight before. They often hide their misconduct by making it extraordinarily difficult and expensive for homeowners to effectively access and examine any records. Ironically, homeowners typically are stuck paying exorbitant legal fees for accessing information to which they should be entitled. Current law renders the only Florida agency with the slightest regulatory authority, the Department of Business and Professional Regulation (DBPR), impotent to provide the oversight that HOA residents deserve. The law also makes it unnecessarily burdensome for law-enforcement officers to obtain evidence of wrongdoing.

In 2016, I brought similar problems regarding condominium oversight and financial records accessibility to the attention of our grand jury. Their detailed report included a number of recommendations to alleviate the problem. While condominiums are not HOAs, the problems of records accessibility and financial mismanagement are surprisingly similar.

Homeowners in HOAs should be protected. Based on experiences learned during our criminal investigation, the Florida Legislature can take several steps that would go far to help vulnerable homeowners throughout Miami-Dade County, and all of Florida, without creating the government overreach the lawmakers rightfully wished to avoid:

▪ Amend the HOA law to include the same minimal protections given to condominium owners.

▪ Amend the HOA and condominium laws to provide criminal penalties for the destruction of association records or the failure to provide records upon lawful request.

▪ Amend both statutes to include criminal penalties for election fraud.

▪ Amend the law to allow DBPR to oversee HOAs and condominiums more effectively. At a minimum, the Legislature should authorize DBPR to inspect records and to personally fine board members for failing to comply with the law or provide reports to members in a timely manner.

▪ Expand the Florida condominium ombudsman’s ability to oversee condominiums and allow the ombudsman to review HOA complaints.

I was gratified to see the Miami Herald’s Editorial Board recognize some of the challenges we face during our ongoing criminal prosecution and continued investigation into the Hammocks Community Association and the clear need for focused change in the oversight of Florida’s thousands of HOAs.

As always, I would welcome the opportunity to work closely with any of our legislators who want to address the homeowners victimized by one of Florida’s largest HOAs. This issue is far too important to ignore.

 

The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance

The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance

Attention Florida Property Managers & Building Owners:

The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance with part 3.10.12 of ASME A17.3-2015, Safety Code for Existing Elevators and Escalators.

 

A17.3-2015 Contains the Retroactive Requirement 3.10.12 System to Monitor and Prevent Automatic Operation of the Elevator with Faulty Door Contact Circuits. All conveyances licensed by the State of Florida Bureau of Elevator Safety, including those located within the 5 contracted jurisdictions (Broward, Miami-Dade, City of Miami, City of Miami Beach, Reedy Creek Development District) must be in compliance with the above Code by December 31, 2023. This system is referred to as Door Lock Monitoring.

By December 31, 2023 ALL Existing Elevator Must Have Been:

·         For Elevators Installed Prior to A17.1 2000 (MOST ELEVATORS)

Equipped with a New Hardware and Software Upgrade and Inspected by a Licensed Elevator Contractor.

 

·         For Elevators Installed Under A17.1 2000 or Newer

Inspected by a Licensed Elevator Contractor to Ensure Door Lock Monitoring is Functional and Code Compliant. These elevators may STILL require New Hardware and Software Upgrades depending on the Controller Manufacturer.

 

Frequently Asked Questions

Is Door Lock Monitoring Mandatory for my County?

Yes, Door Lock Monitoring is mandatory for ALL elevators in the State of Florida

 

Do I need to use my Current Vendor to install Door Lock Monitoring?

No, you can use any experienced vendor to perform your Door Lock Monitoring installation. This is considered work outside your Service Agreement.

 

What happens if I do not comply?

Failure to comply with Door Lock Monitoring will result in failed inspections and fines from the State and/or County.


 

Contact your Elevator Contractor or find top companies on our Directory for Florida Members

 

Florida condo owners brace for rising insurance rates State lawmakers set to meet Dec. 12 for special session regarding issue

Florida condo owners brace for rising insurance rates State lawmakers set to meet Dec. 12 for special session regarding issue

Florida condo owners brace for rising insurance rates

State lawmakers set to meet Dec. 12 for special session regarding issue

SINGER ISLAND, Fla. — Many South Florida condo owners are getting a holiday surprise they weren’t expecting — paying more for insurance. It’s all part of the state’s insurance crisis that has hit homeowners all year.

“The insurance this year is hitting us hard,” Johannes Neckermann, who sits on a condo board on Singer Island, said.

The rate hikes are not only hitting condo owners but also condo associations, which then pass on the costs to the condo owners.

“We raised this year the rate on unit owners just to afford the insurance,” Neckermann said.

He said in some cases the costs were up 40% over last year.

Florida property owners are already paying the most in the country for insurance, and it’s only getting worse.

Many condo owners are just discovering this, especially the part-time residents who are now arriving for the winter months.

“There’s a little bit of a sticker shock for people who don’t follow Florida year-round,” Robert Norberg of Arden Insurance in Lantana said.

Experts said there are several reasons for the increase in rates, all of which are making it very tough for insurance companies to stay afloat.

“It’s been several years of claim problems, and things like, that impact associations, as well as individual unit owners, plus now the Surfside , plus the issues with recent hurricanes,” Norberg said. “They’re all taking losses, and it hits not only the unit owner but the association in a big way.”

Condo owners are getting hit twice on those fees and then with their own insurance going up.

As with homeowners, it’s likely to drive condo dwellers to the state-run Citizens Property Insurance, which is already ballooning with more than a million policies.

Florida lawmakers are supposed to meet Dec. 12 for a special session on fixing the insurance issues, but there are no promises anything can be fixed quickly.

“They can’t force insurance companies to charge,” Norberg said. “The only thing they can do is help regulate the rates of admitted carriers.”

 

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Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

  • Posted: Nov 21, 2022
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Dorothy followed the yellow brick road after a weather related Storm carried her..to Oz

In Florida during our Wicked storm season Condo’s and HOA’s need protections like those ruby slippers Dorothy wore while she went looking for a way home.

SFPMA and our Members are here to help!

STORM DAMAGE CLAIMS FOR YOUR CONDO AND HOA PROPERTIES!

Has your Home, Condo or HOA Sustained Property Damage?

SFPMA has a team of Legal Experts, adjusters, estimators and claim specialists for the benefit of the Condo and HOA’s who sustained damage from the storms and fire, water or mold.

With the know-how and experience to analyze, evaluate, and negotiate the best settlement for your Insurance Claim!

“Get the maximum settlement for your damage claim!”

 

From Roof Leaks, Windows Broken, Trees up rooted, and electric lines that snap, to the inside from pulling permits to repairing damage from broken pipes, Mold and Mitigation and restoration companies, construction repairs, to finding the right engineering company to inspect structural integrity with an understanding of leak detection and injection to prevent water intrusions. Just some of the member companies
lined up to help you during Florida’s Storm Season ready to repair your properties and completed.

SFPMA and  FloridaAdjusting.com

Is pleased to provide you with The Top Florida Adjusters, Roofing repair companies and Law Firms that fight on your behalf with the Insurance companies to get your claims paid fast.

When you dont know who to call or your insurance company will not pay the total cost of you estimated Damage when Water intrusions can destroy a building’s structural integrity, harbor mold, and become a serious hazard.

 

Use your Brain, Have some heart and with the knowledge each one of the members bring to settle your claim and fix the damage you will be way ahead of any other person who needs their home protected and repaired!

 

Find Legal firms, Public Adjusters, Roofing Companies, and general contractors that are full Members of sfpma, these professionals are ready to help get your properties ready and repaired after the storms all of these companies are working together with insurance companies and will repairs damage and fight for your rights.

 

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Homeowner claims her house was foreclosed and sold by HOA without her knowing

Homeowner claims her house was foreclosed and sold by HOA without her knowing

Homeowner claims her house was foreclosed and sold by HOA without her knowing

NORTH CAROLINA — When the caller on the other end of the phone asked Trenita Rogers when she was moving out of her house, she thought it was a joke.

She’s owned her home in Pitt County, North Carolina, for 12 years and even paid it off. So she was shocked when a man told her that he’d bought it.

“I said, ‘I don’t know anything about that.’ And he said, ‘Yeah, I bought your home in an upset bid and I need to know when you will be moving,'” Rogers remembered.

She quickly found out he wasn’t lying. At the county courthouse, she found the paper that showed that her home, which is valued at $413,000, was sold for just over $221,000.

The sale came after the property was foreclosed on — something that Rogers said also happened without her knowledge.

This all stemmed from a debt of $1,491 to an HOA that Rogers didn’t know she was a part of.

“I’ve been there for 12 years. I’ve never paid an HOA. I’ve never been invited to an HOA,” Rogers said.

The debt was an accumulation of a decade’s worth of annual HOA dues.

Rogers said she would have paid the debt if she had known. Court records show the HOA had filed liens against Rogers’ property in the past for late dues. A lien is on file for the property in 2013 and 2017; both for unpaid HOA dues. Rogers claimed she was unaware of these.

 

This summer, Rogers eventually got an eviction notice. She moved out of her “forever” home and is living with a friend.

“My life has become an open book,” Rogers said. But now, she is working to reverse the last chapter.

Rogers hired Chapel Hill-based attorney Jim White to fight for her home back.

“I told my daughter, I said, ‘Mom’s gonna fight for this because this is wrong,'” Rogers said.

White said Rogers did receive letters from a law office but she thought they were junk mail and the law requires more notification than that.

“The HOA never served her lawsuit papers. They just didn’t do it and that is fatal,” White said.

White explained the papers for the foreclosure hearing were sent out as certified mail but instead of getting Rogers’ signature, the mail carrier just wrote C-19 for COVID-19 in place of the signature. This practice was used at the height of the pandemic to limit carriers’ exposure to the virus. Rogers claimed she never saw the documents from the mail carrier.

“The law says you’ve got to serve somebody. You’ve got to. If you’re suing somebody, you’ve got to make sure that they’ve gotten notice,” White said. “The thought that someone could just casually move forward at someone’s home over a $1,400 debt without turning over heaven and earth to make sure that they knew just seems wrong to me.”

The lawsuit White filed on Rogers’ behalf does state that someone from the Pitt County Sheriff’s Office did try twice to deliver a notice of the hearing in-person last September, but they were “unsuccessful.”

Rogers’ HOA, Irish Creek Section 2 Owners Association, declined to comment on the issue, citing the pending lawsuit.

 

The attorney representing the seller who bought Rogers’ home said while Rogers never signed the official papers, the C-19 signature doesn’t mean she didn’t see them. The attorney also said his client bought the house in a competitive bidding process and has been unable to access the home.

Rogers has a court date next month where she hopes to reverse the sale and the foreclosure due to the lack of notification she received.

Unfortunately, White said he continues to hear from clients with similar stories.

He’s seen cases where associations foreclosed on a fully owned home for $250 in unpaid fees. In other instances, the HOA was sending the bills to the wrong address, which led to late fees and then foreclosures.

“We’ve had so many situations of people; these are their neighbors, they knew where they lived. Somebody could have knocked on the door. Somebody could have called and they did not do that,” White said.

White said the law surrounding notification is a big area where small legal changes could make a difference.

“I think the problem is there really is no such thing as an HOA foreclosure defense in North Carolina. The law is tilted heavily in favor of homeowners associations,” White said.

He explained HOAs have just as much power as banks in foreclosures, which means they don’t need to go in front of a judge.

While many imagine HOA boards as a group of pesky neighbors, they are often run by national management companies with no real connection to properties.

“The law is set up to protect homeowner associations, not homeowners. The laws were written by lobbyists and attorneys for homeowners associations to make it easier for them to do what they need to do,” said Jason Pickler, a senior staff attorney for the North Carolina Justice Center. “The consumer protections are not robust.”

And often when the issue with the HOA is not over a large amount of money, it can become increasingly challenging for homeowners to find a lawyer to represent them.

Pickler said additionally there is also a lack of resources and education for people facing housing issues.

“Even though your home is so important to you… and it’s your biggest asset, unfortunately, if someone is trying to take that home away from you, it’s not criminal; it’s civil,” Pickler said. “So if you don’t have the money to pay an attorney, then you’re scrambling to try to get help.”

White advised residents who do know they have HOA dues and if they know they are behind to get caught up to avoid foreclosure altogether.

But White said there are things lawmakers can do to make this process harder.

“I think the process should be a lot harder. There should be strict notice requirements and strict proof of notice,” White said.

“The law says that an HOA has this right. And then the question is, what you legally can do just versus what ethically is right,” White said. “What’s going on, it’s just not right. It’s really that simple.”

Advice for homeowners with HOAs:

  • Stay current on HOA payments and fines.
  • White said to become involved with the HOA board. He said to vote, and participate, even run for office.
  • Keep notes when interacting with HOAs.
  • Before buying into a neighborhood decide if you want to be in one that has an HOA.
  • Read the bylaws of the HOA you are buying into before purchasing your home.

 

Marketing the property for rent now that you made your selection for a Manager.

Marketing the property for rent now that you made your selection for a Manager.

  • Posted: Nov 17, 2022
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Marketing the property for rent

Now that you have made your selection for the Property management Company, You and the Management Company have to get the property ready for the market and get it rented. some of these are setting rents, creating curb appeal, showings, screening, Lease agreements to name a few.

We can not forget! Any repairs that will be needed for safety to prospective Tenants. This is key, when you make the necessary repairs to properties you can rest assured that many of the small things a renter or Tenant may complain about have been taken care of so the properties are primed for a future of making consistent income. Its not to say that problems will not come up as the rental goes forward but taking care of them and staying on top of them is very important.

 

 

Market the property for rent

  • Prepare home for rent
    • Clean home and optimize interior appeal
    • Manicure landscaping to increase curb appeal
  • Create ads tailored to the property and advertising medium. Some of the mediums commonly used are:
    • Paid and free rental listing websites
    • Print publications
    • Signs
    • MLS
    • Fliers
  • Work with other realtors and leasing agents to find a tenant
  • Provide a 24-hour hot-line where prospective tenants can listen to detailed information about the property
  • Field calls from prospects for questions and viewings
  • Meet prospective tenants for showings throughout the week and weekend.
  • Provide prospective tenants with rental applications that are legally compliant with fair housing laws
  • Collection applications with application fee
  • Perform a background check to verify identity, income, credit history, rental history, etc.
  • Grade tenant according to pre-defined tenant criteria
  • Inform tenants who were turned down
  • Draw up leasing agreement
  • Confirm move in date with tenant
  • Review lease guidelines with tenant regarding things like rental payment terms and required property maintenance
  • Ensure all agreements have been properly executed
  • Perform detailed move in inspection with tenant and have tenants sign a report verifying the condition of the property prior to move-in.
  • Collect first months rent and security deposit
  • Receiving rent
  • Hunting down late payments
  • Sending out pay or quit notices
  • Enforcing late fees
  • Filing relevant paperwork to initiate and complete an unlawful detainer action
  • Representing owner in court
  • Coordinating with law enforcement to remove tenant and tenants possessions from unit
  • Advise in the event of a legal dispute or litigation
  • Refer owner to a qualified attorney when necessary
  • Understand and abide by the latest local, state and federal legislation that apply to renting and maintaining rental properties.
  • Perform periodic inspections (Inside and outside) on a predefined schedule looking for repair needs, safety hazards, code violations, lease violations, etc.
  • Send owner periodic reports on the condition of the property
  • Provide accounting property management services
  • Make payments on behalf of owner (Mortgage, insurance, HOA dues, etc.)
  • Detailed documentation of expenses via invoices and receipts
  • Maintain all historical records (paid invoices, leases, inspection reports, warranties, etc.)
  • Provide annual reporting, structured for tax purposes as well as required tax documents including a 1099 form
  • Advise owner on relevant tax deductions related to their rental property
  • Provide easy to read monthly cash-flow statements which offer a detailed breakdown of income and itemized expenses
  • Provide and oversee an in-house maintenance crew
  • Establish a preventative maintenance policy to identify and deal with repair needs
  • Provide an network of licensed, bonded and fully insured contractors who have been vetted for good pricing and good work that is up to code.
  • Assign jobs to different parties (in-house employees, handyman and professional contractors) based on who will do the best job for the best price.
  • Maintain outdoor areas
    • Leaf and snow removal
    • Landscaping
    • Removing trash and debris
  • Maintain and monitor a 24 hour emergency repair hot-line
  • Larger renovation or rehab projects
    • Provide recommendations on how the project can maximize rental income.
    • Prepare preliminary cost estimates
    • Get multiple independent bids for the work
    • Act as general contractor overseeing the work
  • Inspect unit and fill out a report on the property’s condition when the client moves out
  • Provide tenant with a copy as well as estimated damages
  • Return the balance of the security deposit to the tenant
  • Forward any portion of the owner’s portion of the tenant deposit to the owner or hold in owner reserves for repairs.
  • Clean unit and perform and needed repairs or upgrades
  • Re-key the locks
  • Put the property back on the market for rent

 

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Before you look to hire a Property Manager, you have to ask yourself these Questions

Before you look to hire a Property Manager, you have to ask yourself these Questions

  • Posted: Nov 17, 2022
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Before you look to hire a Property Manager, you have to ask yourself these Questions

How far do you live from your rental property and how frequently can you visit the property?

If you are close you may be able to make the regular visits required for maintenance, inspections, collections, etc., otherwise the further you live the higher your travel time and expenses will be. The larger the distance the more temptation there is to not keep a close eye on things, and that can be a recipe for disaster. You should plan making monthly scheduled visits and there is always the potential for a middle of the night emergency call that requires your immediate attention. In the long run, is this feasible for you?

How do you deal with the of day to day operations yourself?

This is a tough one. we all like to think of ourselves as level-headed and even-keeled, but at the end of the day it takes a special kind of person to deal with the ups and downs of property management. Behind the seemingly simple task of collecting rent every month lie a number of unpredictable problems can push people to their limits. Ask yourself how you would react in the unfortunate event that tenants:

  • Get in fights with other tenants or neighbors
  • Have domestic disputes
  • Conduct illegal business in the dwelling
  • Carry on all night parties and revelry
  • Try to sneak extra people or animals into the home
  • Decide to sue you
  • Trash the property
  • Incite the wrath of the HOA because of repeated deed restriction violations
  • Refuse to pay rent because they are a “professional tenant” and know how to work the legal system for the maximum amount of free housing at the owners expense?

 

How many rental properties or units do you have?

As your portfolio grows so do the management challenges, and it becomes easier for things to fall through the cracks. Investors with large portfolios stand to reap significant benefit by leveraging the efficiencies a property manager can provide. Size can also constrain investors’ ability to consider purchasing new properties if they’re already maxed out managing their current holdings.

 

Do you do all the maintenance and repairs yourself?

If you can’t do it yourself, do you know who to call? Finding reliable handymen and contractors can take a while and in the mean time you may unknowingly hire people that are unethical, uninsured, do poor quality work, over charge etc. maintenance and repairs are a significant component of land lording and if you question your ability to ensure the work is done well and in a timely manner, you might want to consider hiring a property management company.

How quickly are you able to get your unit ready to be rented?

Advertising, fielding calls, and showing the unit can take a considerable amount of time, but are critical tasks as vacancies will quickly eat into your profit margins. If you question whether you have the skills or the time to make this happen, or if you have historically had an unacceptably high vacancy rate, you may want to consider hiring a property management company.

 

Are you capable of handling the paperwork nightmare.?

From profit and loss statements to tax deductions, this area needs special attention and becomes an increasingly larger burden for larger portfolios. some owners (especially those with a back ground in finance) will do just fine, others may opt to hire an accountant to help with the book keeping. If you feel like this might be a weak point you might want to consider hiring a Community Association or Condo Management Company.

 

Are you willing to be on call 24/7/365?

Its important to answer this question honestly, because when an emergency happens at your property you can’t ignore it. Your special event, important meeting, vacation, or personal crisis doesn’t relieve you of your obligation to your tenant. These emergencies don’t happen all the time, but when they do you have to be willing to handle them immediately. can you handle being called at 2 in the morning to fix someone’s overflowing toilet?

 

Are you willing to confront tenants about late payments and if need be evict them from the property?

Many new owners dislike feeling like the bad guy and try to be understanding by making exceptions. The problem is that this only invites additional abuses and excuses by tenants. Late payments must be dealt with immediately, and while sometimes a friendly reminder is all that’s needed, other times, it can be a very confrontational process ending in eviction. Unlike running a charity, running a successful rental business means enforcing the rules even it means evicting a single mother who lost her job and won’t be able to pay rent anytime soon.

 

How well do you understand the laws governing Community Association Management

Ensuring the property is run in accordance with the law is critical in both preventing lawsuits and shielding yourself from liability if you are sued. Familiarity with contracts is also very important as your rental agreement is the only binding agreement between you and the tenant.

 

Many property owners can benefit from hiring a Manager. State of Florida Property Management Association and our Members located all over the State of Florida are vetted holding licensing, Insurances, the leaders in our Industry. You can find many of them listed on our Directory, If you want or need more help with the selection contact us! We are always ready to help.  SFPMA.com

 

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Collection of Fees for Property Managers. How are they determined?

Collection of Fees for Property Managers. How are they determined?

  • Posted: Nov 17, 2022
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Collection of Fees for Property Managers. How are they determined?

 

Rental income and fees are the lifeblood of the business. If the mechanisms are not put in place to bring in the right amount at the right time each month, the business will eventually wither and die. When properly performed, this is what allows top real estate investors to achieve a higher than average return on investment.Here’s a list of issues to review and questions to ask the Community Association Management firms you interview: How do they determine their fees & rates?

There is a science behind maximizing rents for a community association manager to achieve this requires them to have knowledge of the local market and perform solid research on the last 10-20+ most recently rented comparables. Rules of thumb like the 1% rule (charging 1% of the property’s value as the monthly rent) are handy for reference, but can not replace thorough research using current market data. Aside from affecting rental income, your rental rate can also impact the properties value. The goal should be to get the unit rented within a month.

 

How often do they raise fees & rents?

Rental rate surveys should be performed at least annually, and more frequently if there are vacancies or lease renewals. Contractual rent escalators allow the rents to be raised without the need to negotiate, offer an explanation or give notice. Tenants know they have already agreed to it so it doesn’t feel arbitrary, and tenants are actually grateful if the firm decides to not enforce the full rate hike.

 

How is rent collected?

It’s a plus if the management company offers direct debit for tenants. Processing fewer checks improves cash flow and saves time and money. This lets you know as soon as possible if funds aren’t there and eliminates excuses about checks lost in the mail.

 

How do they deal with bounced checks?

This is usually a warning sign of trouble ahead; after the first bounced check tenants should be prohibited from writing personal checks until at least 6 months of good payment history has been established. Additionally, there should be a provision in the rental agreement that says tenants agree to pay the maximum the law allows for all returned checks.

How do they deal with delinquent payments?

Find a Community Association Management company with a process that is firm but reasonable. Tenants & Owners will start paying later and later if the management company lets them, therefore it is imperative they enforce ALL aspects of the lease. Once they identify a tenant with a trend of delinquencies, they should keep a close eye making sure they either get back on track or deal with the consequences. Remember that a strict collections process is only balanced out by the community association manager quickly responding to owners & tenants’ needs with quality service.

 

What is their current rate of delinquency?

Find out if they run a tight ship or allow things to get out of hand. When is rent due? Is there a grace period, if so how long?  Due on the first day of the month (in hand not postmarked), late on the second day of the month is standard. A grace period that extends to either the 3rd or the 5th is also standard. Keeping it shorter prevents it from getting significantly delayed in the event of a holiday or long weekend.

 

How much is the late fee?

While late fees can generate revenue, their primary function is to get owners & tenants back on track to timely payments as quickly as possible. This community association management fee is typically between five and ten percent of rent, sometimes a small daily fee is added to this as an incentive to catch up ASAP. In theory, the late fees are supposed to reflect the penalty the owner would experience in the event of a late mortgage payment.

 

How do they handle evictions?

How quickly do they usually get repossession of the property when an eviction takes place?  Their process should be well documented, and although the best course of action will vary based on the circumstances, they should be able to explain to you the basic checklist they go through each time. You want to deal with a company that acts quickly, documents their actions, and understands your area’s unique laws for this process. Find a manager who excels at containing and eliminating the problem as quickly as possible. This is basically a small monthly fee that insures that the management company will pay for all attorney and court costs associated with evicting a tenant they placed. It’s not a widely offered service, but it’s a valuable service that speaks to the property management companies confidence in their screening process.

 


 

We have a partnership with  www.NationalEvictions.com A Web based Eviction Information Company helping Landlords, Building Owners, Property Managers, and Real Estate Professionals with the Process of an Eviction in their State. Offering Information on Landlord Tenant Laws, Eviction Process, Articles State Specific, Access to All Forms for Evictions along with Business Forms ( ie: Leases Letters to Tenants, Amendments, and many others) Filing Services for Property Managers and much more…

State of Florida Property Management Association Offers this to the Management Members.

 


The State of Florida Property Management Association has partnered with NationalEvictions.com – Many of our Managers are using them for protections and filing of Evictions in Florida. 

NationalEvictions sets their fees accordingly Managers send them a list of who has not paid rents in the month, Letters, Notices to Quit are prepared and served to Tenants and Renters every month. These Notices for Non Payment of Rents have a set time – Usually 3 days Notice, If the Tenant, Renter does not pay, The Property manager must make the decision to go forward with the Eviction.  As a company being serviced the fees are much lower than calling NationalEvictions for one Eviction.  EX: We change from 300 to 450. per Eviction – When a Management company is under contract we charge our fees at 275.00 We prepare and file the evictions for them ( Clerks fee for payments to file are not included in our fees, ( clerks filing fees plus our fees ) ). Serving the Tenant with Notices are also set lower if we are contracted each month to prepare and serve to the Tenant, rather than calling our office to serve one or two in any month. ( We can charge for each Tenant in any month 35.00 for preperation and service to Tenant) with Managers that usually have about 5-7 Tenants that do not pay, this on the 1st of each month comes to  about 250.00 and we follow up and keep track of each tenant’s Time as per the Notices given.

Its really not a lot of money for the services we provide! We get results, When Tenants see that you are ontop of your rents and management! THEY KNOW YOU MEAN BUSINESS.

Find out more about them on NationalEvictions.com


 

Breakdown of fees for a management company

While Community Association Management fees are important they must be viewed in light of what other firms are charging, the scope of services provided and the quality of those services. The company you hire will be stewarding one of your biggest assets and the last thing you want to do is make your decision based solely (or even primarily) on who charges the lowest fees.A lower price may reflect either an acknowledgment they don’t provide top tier service, or an attempt to gain business by undercutting the competition. The problem with the latter is that it leads to slim margins for the firm which lowers the ceiling on the quantity and quality of service they can provide and still remain profitable. If a firm is under-pricing their services across the board it is possible they may try to make up for it by overloading their managers with as many properties as they can (or can’t) handle.The truth is that price is one of the last things to consider. Not because it is the least important factor, but because you should only think about price, and actually hiring an MC after you have determined that they will provide quality services tailored to your needs. What good are low fees if the management company does a poor job?Other common mistakes are failure to identify all the potential fees for Community Association Management, as well as not making a true ‘apples-to-apples’ comparison of costs between property management companies. A lower management fee could easily be wiped out by a lot of expensive back-end charges and vice versa.Remember that all fees are negotiable, so before you make your final decision, you should try negotiating the best rate possible from the firm whom you think would do the best job.

 

Management fee
There is a significant difference between commercial vs residential property management fees but the average management fee ranges between 4-12% of monthly rent. For a single family home you might expect to pay 10% in rental property management fees. This fee will vary based on the number of properties you need managed, the number of units in each property, the location and condition of the property, and most importantly, what services are included for that fee. (Fees also vary market by market, Other pricing models include flat fees, or a hybrid that sets both a percentage and a flat fee and asks you to pay whichever is lesser/greater. Find out if fees are billed or deducted directly from owner accounts.

 

Vacancy fee
Many management companies don’t require this—if they do, pay close attention. Some management companies charge a monthly vacancy fee ($50) that is prorated when a tenant is landed. Other companies expect to collect the full monthly property management fee even though there is no rent coming in. Make sure that the language in the contract indicates management fees are to be paid out of “Collected rent” or “Rent collected” as opposed to “Scheduled rent” or “Rent due”. Ensuring this language is in place will also protect you from having to pay management fees in the event that a tenant stops paying rent.

 

Set-up fee
This fee is for the time invested in setting-up a new account. It ranges from 0$-300$. Find out if the fee is per unit or per property, and if it makes a difference if the unit is occupied or not.

 

Leasing fee
Leasing fees compensate the manager for the time, effort and cost associated with getting you a new tenant. While this fee is common, some owners are opposed to paying it, preferring that it be padded into the management fee so there is more incentive for the management company to find long term tenants.
In truth, a good management company views the management fee, NOT the leasing fee as the primary profit center. This is why leasing fees as a stand alone service (meaning without other property management services are typically much higher (75-100% of first months rent). A transparent fee structure is laid out in such a way that high tenant turnover hurts, rather than rewards the management company. The only time this is not the case is when the fee is excessive, or there are significant vacancy fees. In the event that you are fortunate enough to have a long term tenant, you will benefit by not having to pay a leasing commission that is padded into the monthly management fee.

 

Advertising fee
There are plenty of ways to generate leads using free resources like signs, craigslist, etc. but with vacancies time is money and prolonging the search process to save a few advertising dollars is a bad idea. This fee could be charged in addition to the leasing fee so it’s important to ask who pays and what the typical fees are. The better they are at marketing the less you will pay, if they have a good strategy and use tools should be around $100 and certainly not more than $200.

 

Lease renewals
Some community association managers charge this fee whenever they have to draw up the paperwork to renew a tenant’s lease. The fee typically ranges from 0-200$. The process doesn’t require a lot of work, so a big fee should be a red flag. You should ask if they require lease renewals or if they allow tenants to go month to month after the initial term is up.

 

Reserve fund fee
These funds are used to pay day-to-day operating expenses, making sure that services are performed promptly and bills are paid in a timely manner. A reserve of $200-$500 is normal for single family properties.

 

Maintenance fees
Will they contact you with an estimate before performing repairs over a pre-defined amount? Is this negotiable?

 

Their policy may be to notify you if an expense exceeds a higher figure like $500-$1,000, but you may want to ask if this can be set lower ($100-$200) starting out and increased over time as you become more comfortable with the property management companies judgment. Additionally, if this notification is waived during “emergencies”, ask that they define what qualifies as an emergency.

 

Do they have their own maintenance/repair crew?
Companies that don’t offer this may portray it as an ethical hazard since the company could overcharge, but so long as you confirm that the billing rate and process is reasonable, it should not be a problem. If managed properly, an in house crew is a benefit that can lead to cost savings and a more streamlined process.

Here are some questions to ask:
What services do they perform?
What is the billing rate? ($30-$40/hr is average.) Does it vary based on the work being done?
Is there a trip charge, or a minimum billing time?
Are they available 24/7/365? Is there an extra fee/higher billing rate if they are called on off hours, weekends, or holidays?

 

For larger remodeling/upgrade projects, do they act as the general contractor overseeing the work that is done? Is there a fee for this?
Do they get at least three independent bids for larger ($500+) projects?
Do they belong to a network to get better repair rates on the work they outsources
Do they charge a “mark-up” fee?

This fee is stacked on top of the final bill for the work performed. Not all firms have this fee; if they do it should come in around 10%.

 

Eviction fee
Fee for serving notices, dealing with attorneys, court appearances, evictions, etc. Hourly rates are typically $25-$50 while a flat fee for the whole eviction process usually comes in between $500-$600 (plus court costs). Find out if they typically use an attorney for evictions and what their billing rate is.

 

Unpaid invoice fee
This is a small service charge (typically 1.5%) that is added each month to all unpaid invoices that are past due.

 

Bill payment fee
Fee for making owner payments such as mortgage, insurance, home owners association dues, etc. Some management firms don’t charge a separate fee, while others don’t even provide this service.

 

Sales commission if property is sold
Some management firms require an exclusive arrangement to broker your properties. If this is their policy, find out the brokerage rate and make sure there is a limited term which will allow you to re-list with another firm if the property does not sell within a reasonable period of time. Also, if the firm requires it, how much would the sales commission be in the event that a tenant ends up wanting to purchase the property they are occupying? This is typically 1-3% but we have seen higher, always make sure to check the contract.

 

Other income
Find out if they will be keeping any portion of the following sources of income:

  • Late fees
  • Returned check fees
  • Pet deposits
  • Lease violation fees
  • Interest on security deposits (may not be applicable depending on state laws) and owner funds held by manager
  • Income from laundry and vending machines

Extra duties fee
Some contracts contain a list of extra services not included in the contract along with the billing rate in the event the owner requests any of them be performed. Check to see if this clause exists, what services are listed, and what the billing rate is.

 

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Watch the Webinar: Preventive Maintenance CEU Course

Watch the Webinar: Preventive Maintenance CEU Course

Watch the Webinar: Preventive Maintenance CEU Course

We recently held an educational webinar with the Brickell Homeowners Association and Siegfried Rivera to discuss why a preventive maintenance plan is a critical aspect of any association’s operation.

click on the picture below and watch the video. or click here.

Disclaimer: This video is for educational purposes only. You will not receive credits for watching the recording. Credits were issued only to those that attended the course.

brought to us by, Campbell Property Management

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