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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

  • Posted: Nov 21, 2022
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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

  • Posted: Nov 16, 2022
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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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HOA Statement of Receivables

HOA Statement of Receivables

  • Posted: Oct 31, 2022
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HOA Statement of Receivables

A statement of receivables, or accounts receivable statement, is a document that details the outstanding charges owed to the community association. This can be from sources such as overdue dues, vendor credits, late fees, or any other outstanding source of income. It is essentially a list of every account that still owes the HOA money.

 

What is in a Statement of Receivables

These statements should contain all accounts that owe money, along with the grand total of overdue funds. The total will help with budgeting purposes. Knowing how much money is available, if collections are being handled properly, can help with financial planning. The list of all overdue accounts can act as a checklist for anyone working in collections to ensure that no account is missed.

Some associations prefer to go one step further and detail which accounts are 30 days, 60 days, and over 90 days past due. For example, if a homeowner has missed their dues in March, April, and May; they will have money in the 30, 60, and 90-day categories. This way, collections agents will know to put more pressure on collecting the April dues versus following up on another account that is only 30 days behind. Just like with all financial statements, the more detail you provide, the easier it is to plan and manage.

 

How Often Should They be Prepared

While the HOA statement of receivables should be prepared at the same frequency as all other financial statements, it is helpful for the accounts receivable statement to be released more frequently. There are even programs available to keep up with AR statements in real time and have them available on demand. This can be immensely helpful for collection purposes to make sure that everyone is on the same page.

 

Need More Information

Financial management can be one of the toughest aspects to operating a successful HOA. If you are having trouble with reviewing financial documents such as the HOA Bank Statements, contact the professionals at CSM. We have years of experience working with homeowner’s associations from all over the United States. Using state-of-the-art technology, we can provide financial management assistance while still allowing association directors to remain independent.

 

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SFPMA’s Maintaining an Condo & HOA General Ledger

SFPMA’s Maintaining an Condo & HOA General Ledger

  • Posted: Oct 31, 2022
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Maintaining an Condo & HOA General Ledger

The foundation of all  accounting is the general ledger. Much like your checkbook at home, the Condo & HOA general ledger keeps an ongoing record of all transactions made by the community association. All other financial statements such as the balance sheet, income statement, and statement of receivables are created based on the ledger.

Unlike all the other financial statements which are prepared on a monthly, quarterly, or annual basis, the general ledger should be continuously updated. Whenever a transaction is made or received, it needs to be accounted for. At any point in time, you should be able to look at the ledger and see how much money the association currently has in all accounts and where money has moved. If you need to go back and see how much the association spent on landscaping in August three years ago, you should be able to find it in the ledger records.

 

Accounting Approaches

There are three basic approaches to manage finances. There is no right method for every association. Each HOA is different and may find that one method of accounting works better for them than another.

  • Accrual – The most popular and preferred method. In an accrual approach, revenues and expenses are recorded when they are incurred instead of when money changes hands. This means that communities using this approach will need to maintain two other ledgers for payables and receivables. For example, when invoices are sent to homeowners for dues, that money is marked down in the receivables ledger. As community members pay their dues, the money in the receivables leger is moved to the general ledger. The same process is used for expenses in a payables ledger. While this may take more effort than other accounting methods, it provides much more detail.
  • Modified Accrual – A mixture of accrual and cash approaches. In modified accrual, revenues get recorded when they are earned while expenses get recorded as money changes hands. Condo & HOAs that use this approach will need a separate ledger for receivables but will document expenses as they are paid in the general ledger.
  • Cash – Transactions are documented on one ledger as money exchanges hands. This is the simplest approach but provides the least amount of detail.

Once you find the approach that works best for your community, stick with it. Switching between different approaches can make reviewing financial information in the future confusing and may hinder your board of directors’ ability to make well-informed decisions.

 

What Should be Included

Depending on the system of accounting, your HOA may have several ledgers running at all times. But no matter the approach, ledgers should include all transactions made by the community association in and out. Each account owned by the Condo & HOA should also have its own ledger. Most associations have at least an operational account and a reserve account.

Regularly checking bank statements is a good way to double check the accuracy of the general ledger. Sometimes transactions can accidentally go unreported or, in some cases, fraudulent activity may occur. Whenever you receive statements from the bank, make sure all transactions match up between them and the general ledger.

 

Need Help Maintaining an Condo & HOA General Ledger

Finances can be confusing. It is always helpful to have a professional on your side to make sure everything is being done properly. If you are having trouble keeping up with all the financial documents necessary to properly manage an HOA, call the experts at CSM. We have years of experience working with homeowner’s associations in almost every state in the US. We offer a wide variety of financial management solutions to give you all the assistance you need while still maintaining your independence.

 

Find top companies working in the Condo HOA and Management industry in Florid on our Directory!

 

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Guide to HOA Financial Statements

Guide to HOA Financial Statements

  • Posted: Oct 28, 2022
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HOA Financial Statements

Managing the finances of a community association is one of the most difficult, and most important, responsibilities of an HOA board of directors. Preparing detailed HOA Financial Statements on a regular basis serves a multitude of purposes from providing insight for financial planning, promoting transparency between the board and residents, as well as being a requirement by law in some instances. The frequency of preparation may vary depending on state laws, community bylaws, and the size of the association.

If you are having trouble preparing community financial statements, the professionals at CSM are standing by to answer all your questions. We have years of experience working with thousands of residents across the United States.

 

What is an HOA Financial Statement?

Simply put, an HOA Financial Statement is an official record that details all the financial activities of the community association. Specific details that must be included depends on state regulations and community bylaws, but there are some basic details that should be included regardless of size or location:

The most common mistake that people make when preparing HOA financial statements is not adding enough detail. Every detail that can be added, no matter how small, can provide a more thorough insight and lead to better decision making. When in doubt, include it.

It should also be put into an easy to read format. These documents will be available to everyone in the community, most of which do not have advanced accounting degrees. For an HOA financial statement to be effective, it needs to be prepared so that anyone can understand the content. Making it too complicated alienates people and hinders community relations.

 

How Often Do Financial Statements Need to be Prepared?

There is no standard frequency that HOA financial statements must be prepared. It will depend on state regulations, community goals, and the size of the community. Of course, the more frequently statements can be prepared, the more helpful they will be for the board of directors. Smaller HOAs with simpler budgets can prepare monthly without much problem. Larger associations with more complicated budgets may opt to prepare statements quarterly or annually.

No matter what decision is made regarding frequency, it must be maintained. Straying from the regular schedule only causes issues between the board members and homeowners. It leads to a feeling of distrust. When dealing with financial information, it is best to be open and honest in as much detail as is appropriate.

For smaller, self-managed associations, if there is trouble getting financial statements completed on time, it is relatively inexpensive to hire an accountant as needed to prepare balance sheets. This ensures that all the information will be completed in a timely manner without taking time out of community volunteer’s busy schedules. It also means that the statements have been professionally checked and relieves some of that stress from the board members as well.

There are also a multitude of services available from CSM to help homeowner’s associations get organized and prepare their own financial statements. With the professional support of an experienced team along with state-of-the-art technology, even the most inexperienced association members will be able to navigate the complicated waters that is HOA financial management with ease.

 

What is a Financial Statement Used For?

The obvious answer is that detailed HOA financial statements can be used by the community association board of directors to adjust budgets, dues, and allocate money for maintenance and projects. The more detailed the statement, the more effective the HOA.

It is a requirement for any sort of financial planning. For starters, if records are kept consistently, association directors can look back on previous financial years to identify patterns that could affect the current budget and adjust accordingly. It is also imperative to keep track of money owed. If detailed records are not kept, it can be near-impossible to keep track of delinquent dues or know how much money is available to budget for community maintenance and new projects.

In some states, it is a legal requirement for HOAs to maintain and submit regular financial statements. Even if it is not required in your state, it is a good idea to keep detailed records anyways as they will be extremely beneficial for all other aspects of homeowner’s association management.

Most importantly, having detailed financial statements readily available to all HOA members can promote transparency between the board and the community. If the homeowners can see what their money is going towards, they will be more agreeable and open with the board of directors. It promotes teamwork throughout the community.

 

Where Should the HOA Financial Statements Go?

As with most things regarding HOA financial statements, it depends on state laws and community bylaws. Generally, there are three places that they need to be turned in:

  1. The HOA Board of Directors – the board of directors should receive a full, unedited report. They will need all available financial details in order to make informed decisions and plans regarding community maintenance and future projects.
  2. Community Members – to foster an open and transparent relationship, homeowners should also receive copies of HOA financial statements. These statements, however, should be altered to exclude sensitive information such as delinquent accounts. There is a difference between being sensitive and being secretive. If it will not cause an issue between community members, it should be included in the documents sent to community members. All HOA financial statements should be available upon request.
  3. State Department – if a homeowner’s association is organized as non-profit, an annual report must be filed with the Secretary of State. Failure to do so could result in losing their “Good Standing” status. This may not be applicable to all HOAs.

The more accessible financial statements are, the better. Some community associations even opt to put their financial information on their website to allow homeowners to view it at any time. Of course, not all information needs to be publicly accessible, but everything that can be included should be included. Transparent financial processes help to promote teamwork and positive community relations between homeowners and association board members.

 

Who Should Prepare Financial Statements?

This answer depends on the size of the community. Smaller, self-managed associations may have an elected treasurer, financial officer, or president that is responsible for compiling financial documents. In such cases, it is a good idea to use a professional accountant to ensure that HOA financial statements are prepared correctly before releasing them to board and community members. Remember, just because someone was elected treasurer, does not necessarily mean they have accounting experience. It is always best to hire a professional. Large homeowner’s associations have more complex budgets and will usually have a management company, such as CSM, that handles all financial data.

If statements are self-prepared by an elected community member, make sure that there is a backup of all financial records. In the unfortunate event that something happens and the preparer is no longer able to maintain their responsibilities, it can be difficult for the next person to learn their accounting methods or sometimes even gain access to the records.

Whether an HOA is made up of ten units or ten thousand units, it could be beneficial to hire a management company to ensure that everything is being run as efficiently and effectively as possible. When looking into property management companies, it is important to look for a company with a strong financial background. If the finances are not well kept, the entire community association becomes ineffective. Hiring a company such as CSM to provide financial management assistance not only makes life easier for the board of directors but can also give community members peace of mind knowing that all finances are being managed accurately and efficiently.

 

The Importance of HOA Financial Statements

To make a great plan, it is important to have all the information possible. Reliable, consistent, and transparent financial statements not only help the HOA board of directors make well-informed decisions but also support community health by allowing all community residents and stakeholders to be a part of the team. Keeping members in the dark only promotes mistrust and working with inadequate or no financial information can lead to dwindling reserves for community upkeep and new projects.

Creating an effective HOA is as simple as choosing an accounting process that works for your team, keeping detailed records, and communicating openly and freely with the community about all financial information.

 

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Tampa Bay Condo & HOA Expo -OCTOBER 27th, 2022 AT 9:00 A.M. AT THE TAMPA CONVENTION CENTER

Tampa Bay Condo & HOA Expo -OCTOBER 27th, 2022 AT 9:00 A.M. AT THE TAMPA CONVENTION CENTER

  • Posted: Oct 24, 2022
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OCTOBER 27th, 2022 AT 9:00 A.M.

AT THE TAMPA CONVENTION CENTER

Register Today

COME MEET OVER A HUNDRED CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA

LEARN ALL ABOUT THE NEW CONDO LAWS REGARDING BUILDING SAFETY, CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, BUDGETS, RESERVES, EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS AND MUCH MUCH MORE.

EDUCATIONAL CLASSES ALL DAY LONG

CONDO & HOA BOARD CERTIFICATION – 2 CEU’S (BC)
8:30 am – 11:00 am
PRESENTED BY: Eric Glazer – Glazer & Sachs, P.A.

Fulfill your legally mandated education requirements while learning valuable and integral information in this comprehensive board member certification course. Topics discussed will include condominium management and operations, proper procedures for board member election, budgeting and fiscal responsibilities, as well as an overview of current condominium laws to assist in the understanding of board members’ legal duties.

Sign Up for the Certification Course

Do you take advantage of our Marketing? What is involved with your Membership Listings

Do you take advantage of our Marketing? What is involved with your Membership Listings

  • Posted: Oct 21, 2022
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As a member you want to know what marketing steps you can take to promote your company and Learn how we market our members.

Many members use what we offer, they send us Articles we republish to our industry, but we have had many companies that do not….then inform us we are not getting many requests?  we ask them when is the last time you sent any information via ( membership@sfpma.com )

Their answer does not surprise us:  They state, well we were busy.  So our Team looks at their social Media, either non ex-histant or one post a month. But they do have many likes, follows of other companies. That is not using marketing to help people in your industry learn about the value you can bring to them.

Our IT Dept is always finding the best way to use programs that automatically market the members information, then post to the internet and direct emails. Not to forget social media pages and groups.

There are so many avenues you can take advantage of with a SFPMA Membership.

 

  •  You are placed on a full company page, like an extension of your website.  Included in the directory listing page is; your logos, the bio about what your company offers with your contact and social media. It is vital that you provide these links so new clients when searching can learn more about the services you provide and contact you. (Website Directory Company Listing Page)

 

  •  You are also placed in our magazine directory. Each month we publish an Industry Magazine sent to thousands of Clients. This Publication is Digital! so each reader can click on the Advertising within they are sent through rich media links to either your website or the membership page on sfpma. Some companies have a Landing Page set up on their websites that give Information, Sales and Specials  through the Magazine Links they provide to us, giving great value for clients to click and use our members and keep reading the magazine.  (Magazine Directory in the Florida Rising Magazine)

 

  •  Members can send to us Sales and Products their companies are running.   Sales and products submitted by members are Emailed weekly/monthly, as our industry professionals are reading the articles they can easily learn the services and the expertise your company offers them. They find you through you links supply or we link these to your Membership page. So, If your company is running specials or sales send them to us!. Everyone likes to save money before they buy something so use this as a way to attract clients promote your company and give knowledge to the reader.

 

  •  Our Events Calendar is searched daily by everyone from Board Members and Owners to the Property Managers looking for licensing credits and networking opportunities. If you provide a course, class, webinar or education to the industry send them to sfpma. Or let us know where you have your monthly events on your website, we will add these to our Industry Calendar each month. Events are added and shared these with our industry.

 

  • Writing Articles for our weekly Emails and Blog. Every member has the ability to send to us company updates, Industry News and Articles. Sfpma republishes these on our Blog and sends these to the social media pages and groups we govern. This is also picked up on our RSS Feed and used for our Emails. ( When an article is published on our blog it will automatically get published on our email blast that week and sent to all of our readers, clients and members. A great way to get your news out to thousands of industry professionals.

Read more about how it works.

* Take advantage of what we offer members! – You don’t just sit on a directory your membership fee includes our marketing. You can help promote and keep involved with sfpma let us send your company information to hundreds of thousands of industry professionals through your membership. If you do not take advantage of the association offers – you can only blame yourself! 

 

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Free Image editor: Its Free – Try It!

Free Image editor: Its Free – Try It!

  • Posted: Oct 21, 2022
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Free Image editor: Its Free – Try It!

Create pictures with many kinds of additions, Words with over 1000 fonts. Place glitter over the picture. Crop the photo, resize and so much more.

Use it for Free

Save this to your bookmark bar. Use it daily.

All basic functions are available: Cut, Resize and Crop. These features work on all image formats, even on animated GIFs and transparent PNG’s

With the Text Tool you can add text to your images. Also add text to animated images is simple and fast. With extra options you can add a border around your text and make the text follow an arc path so it looks like text around a cricle. With the shadow option you can add different kind of shadow colours and blurs to the text.

Merge two images together or blend multiple images. With the opacity setting you can blend images the way it suits you most. Editing an image here is so easy and fast that starting Photoshop takes longer.

Add an animated image onto a static background or add falling snow onto a picture. Your imagination is the limit to create nice dynamic images.

Make an image Transparent with the Transparency tool. Make the background of an image transparent by simply clicking on the color that needs to become transparent. Or remove transparency from your image.

Put an Image in Text, including a drop shadow and with transparent background. Who needs Photoshop?!

Add falling rain to an image. How wet is that?

You can even upload your own fonts to the editor and use them to add the text. Just choose your own font from your device and upload it to use it.

Stop reading and start editing!

 

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