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Vacation rentals has pitted local government officials against advertising platforms, such as Airbnb, in what has been one of the most intensely waged legislative battles.

Vacation rentals has pitted local government officials against advertising platforms, such as Airbnb, in what has been one of the most intensely waged legislative battles.

  • Posted: Mar 03, 2020
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The long-running dispute over vacation rentals has pitted local government officials against advertising platforms, such as Airbnb, in what has been one of the most intensely waged legislative battles.

The plan under consideration this year would require online platforms to collect and remit taxes on the properties that advertise on their sites. The platforms would have to ensure that only properly licensed rentals are advertised and provide the state with specific information about the rentals.

In exchange, regulation would be “preempted” to the state, largely preventing local governments from regulating vacation rentals. Local governments could only regulate the rentals in the same way as other properties in neighborhoods, a restriction that cities and counties strenuously oppose.

Florida law already bans local governments from passing ordinances to outlaw vacation rentals.

Sen. Wilton Simpson, who will take over as Senate president later this year, worked behind the scenes to forge a proposal that garnered support from the advertising platforms, the Florida Realtors and even the Florida Restaurant & Lodging Association, which in the past has strenuously resisted similar measures.

“Next year. That’s what they make next year for,” Simpson, R-Trilby, told The News Service of Florida when asked Monday evening about the measure’s prospects.

Airbnb Florida Policy Director Tom Martinelli said the platform remains hopeful that the issue “will be addressed legislatively to provide the vacation rental industry with uniformity and much-needed stability.”

“We remain hopeful this bill will move through the process to provide the much-needed relief to Florida’s vacation rental property owners and surrounding industry,” Martinelli said in a prepared statement.

 

Vacation rentals have sparked backlash from some homeowners, who complain about raucous parties, parking issues and a steady stream of strangers in neighborhoods. Many of the objections come from coastal regions of the state. Cities and counties also remain firmly opposed to the House and Senate bills.

And Gov. Ron DeSantis has indicated he was not keen on the measure, saying recently he was “leaning against” the legislation.

Diaz pointed to amendments offered by senators Monday that were “counter or interfering with some of the stuff that we’re trying to do.”

 

Tallahassee, FL – A controversial measure dealing with vacation rental properties appears doomed, as time runs out in the 2020 legislative session.

The Senate Rules Committee was scheduled to hear the bill (SB 1128) Monday, but bill sponsor Manny Diaz Jr., R-Hialeah, said the measure was postponed because he lacked the support necessary to get it out of the committee.

The Rules Committee is not scheduled to meet again before the session ends March 13, and even if it does, it appears unlikely that Diaz’s proposal will be on the agenda.

“This is an incredibly complex bill that obviously had been tried for years, and you can see that every stop we’ve made massive changes. We’re still not there with the changes that … we needed to have enough votes. So we’re still working to make sure that all senators are satisfied with that bill,” he said.

Sen. David Simmons, R-Altamonte Springs, sponsored amendments that would have effectively gutted the bill.

“So, it became incredibly convoluted. That’s why we’re holding on to it for now, to try to see if we can work that out,” Diaz said.

Diaz had planned to amend his bill to bring it in line with a House proposal (HB 1011) that is awaiting a House floor vote.

DeSantis told reporters Feb. 24 he had not made up his mind but expressed strong reservations about the effort.

“We have 22 million people almost. We are a very diverse state. For us to be micromanaging vacation rentals, I am not sure that is the right thing to do,” DeSantis said.

“These are things where you’ll have kind of a quiet neighborhood,” DeSantis continued. “Then you will have someone doing this, and there are parties going on and some of the residents get upset. My view would be, probably, that should be determined locally.”

Opponents of the measure had repeatedly complained about “party houses” that wreak havoc in single-family neighborhoods.

But Diaz said he wants to address those concerns.

“Right now, it’s just regroup, have conversations with the stakeholders (and) the senators involved and try to see where we’re at,” he said.

 

 

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What are the Property Management requirements in Florida

What are the Property Management requirements in Florida

  • Posted: Feb 13, 2020
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As more investors are heading into becoming owners of rental properties the questions arise about requirements. There are questions that you need to know the answers to and SFPMA has you covered.

 

A small investment Today leads to Big returns later! List your property management company

Must a Florida property management company have a real estate broker’s license?

YES. Key components of property management (renting and leasing) are considered a real estate activity under existing Florida real estate licensing laws. A property manager needs broker license if he or she is paid by commission, and is handling rentals and leases for others. No license is required for managing personally owned properties. There is not a “Property Manager” license or certificate. Also, certain rental properties need a license through the Div. of Hotels and Restaurants.

 

Are there any exceptions to the requirement that a Florida property manager have a broker’s license?

YES. For example, if a property owner employs someone to manage their property, and that employee is paid a salary, as opposed to being paid a commission or on a transactional basis, a broker’s license is not required.

For more information about these and other Florida property management requirements and exceptions, please contact the Florida Real Estate Commission.

Before hiring a property manager to manage your Florida rental property, you should always check that he or she is licensed appropriately. You can check the license status of Florida property managers at the Florida Department of Business and Professional Regulation’s Licensee Search webpage.

 

 

More Property Law: Evictions & Security Deposits

Looking for more property law information? You can find an exhaustive collection of state eviction and security deposit laws on our parent company’s website. Click the below link to be taken to nationalevictions.com find everything you will need for an eviction in your State. Full database, Directories, Find companies, Download Forms both Free and for Sale, and much more…

LEARN ABOUT EVICTION & SECURITY DEPOSIT LAWS >>

 

Must Florida community association managers have a real estate broker’s license?

No. However, a Community Association Manager license is required if someone receives compensation for providing management services for the following types of associations:

  • An association with ten or more units
  • An association with a budget of $100,000 or greater

For more information on the Community Association Manager license, please contact the please contact the Florida Real Estate Commission.

 

*Florida Community Association Manager License Requirements

Florida community association manager licensing requirements include:

  • Age: Must be at least 18 years of age
  • Education: Must complete at least 18 hours of pre-licensure education from an approved provider
  • Trustworthiness: Must be of good moral character; must have a background check and submit fingerprints
  • Exam: Pass the CAM exam.
  • License fee.
  • Application: Complete and submit CAM license application which is available online

CAM Licensing Courses: Start your new Career

For more information about these and other Florida licensing requirements, please contact the Florida Real Estate Commission.

IMPORTANT: This information is intended for informational purposes only and under no circumstances should it be considered legal advice or relied upon without first confirming its contents with your state real estate commission. Laws are updated frequently, and this information may not reflect the current law in your state. To confirm the specific requirements for each state, please contact your state real estate commission.

 


Property Management Forms

As you become a CAM Manager and start your business, You will need the Forms to help you, Leases, Letters to Tenants, Legal Documents and much more……..

Just some of the essential forms to assist you in leasing your premises, complying with legal requirements, and keeping relations with your tenants amicable. Forms include the 1. Landlord Tenant Closing Statement to Reconcile Security Deposit, 2. Residential Rental Lease Application, 3. Residential Rental Lease Agreement, 4. Commercial Building or Space Lease, 5. Security Deposit Agreement and other forms.

 

We offer Subscriptions – Where for a small fee you can download and get access to

EVERY FORM YOU WILL NEED FROM THOUSANDS OF FORMS

SUBSCRIBE TODAY TO OUR FORM PACKAGE

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Once you are a Property Manager you need to have Clients Find YOU!  List your company on our National Directory. Let the industry find and use you!

Let Clients looking for Management Professionals to Manage their Properties find you!

 

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Protecting Tenants at Foreclosure Act of 2009

Protecting Tenants at Foreclosure Act of 2009

  • Posted: Dec 09, 2019
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Protecting Tenants at Foreclosure Act of 2009

Resurrected and Here to Stay

by KBR Legal/ Jeffrey Rembaum, Esq.

On May 20 2009, just after the peak of the national foreclosure crisis, a federal statute was enacted to help protect a residential tenant who was renting a unit subject to foreclosure from being evicted without being afforded a reasonable amount of time to find alternative housing.

The federal law was known as “Protecting Tenants at Foreclosure Act of 2009”.  It generally provided that a bona fide tenant was authorized to remain in a residential unit that was acquired by a new party through foreclosure for the balance of the unexpired term of the lease, unless the unit was acquired by a party that intended to occupy the unit, in which case the tenant was authorized to remain in the unit for ninety days after receiving a notice to vacate.

For purposes of the federal law, a “bona fide tenant” was a tenant who was not the mortgagor or the parent, spouse, or child of the mortgagor and who was under a lease that was the result of an arms-length transaction where rent was not substantially lower than fair market value.

The federal law assured that residential tenants would have a reasonable amount of time to plan and find alternative housing after the unit they were renting was foreclosed and acquired by a new party. However, it also assisted community associations in finding desirable tenants to rent units they owned through the foreclosure of the association’s assessment lien for a fair market value, which then helped the association recoup unpaid assessments and bad debt otherwise attributable to the unit.

The protections of the federal law were intended to “sunset”, which is a term meaning ”to expire”, on December 31, 2012. However, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) later extended the sunset date to December 31, 2014. Once the federal law finally expired on January 1, 2015, tenants of residential property in Florida no longer had any special protection from eviction by parties acquiring such units by foreclosure.

Then, approximately six month later, the Florida legislature adopted its own version of the law as part of the Florida Residential Landlord and Tenant Act. Specifically, section 83.561, Florida Statutes, became effective on June 15, 2015, and provides that “if a tenant is occupying a residential premises that is the subject of a foreclosure sale, the purchaser named in the certificate of title is permitted to give a tenant a thirty day notice to vacate and the tenant must comply”. Therefore, as of June 15, 2015, residential tenants had a much shorter timeframe of thirty days’ notice to vacate a unit acquired by foreclosure.

 

Finally, on June 23, 2018, the federal Protecting Tenants at Foreclosure Act became effective again. It no longer contains any sunset or expiration date; so it is here to stay. Since a federal law will supersede a Florida law when it is more stringent, the provisions of the Federal Protecting Tenants at Foreclosure Act giving tenants more time to vacate residential property after it is acquired by a new party through foreclosure will apply to transactions in Florida despite the shorter timeframe provided by state statute.

 

Kaye Bender Rembaum, Attorneys at Law

Palm Beach Office
Gardens Professional Center
9121 N. Military Trail,
Suite 200
Palm Beach Gardens, FL 33410
Phone: (561) 241-4462
Fax: (561) 223-3957
Broward Office
1200 Park Central Blvd. S.
Pompano Beach, FL 33064
Phone: (954) 928-0680
Fax: (954) 772-0319
Tampa Office
1211 North Westshore Blvd
suite 409
Tampa, Fl 33607
Phone: 813-375-0731

 

 

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Ways to Help Your Property Manager

Ways to Help Your Property Manager

  • Posted: Jul 10, 2019
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Ways You Can Help Your Property Manager

Property management companies can lend a helping hand for busy owners looking to make a profit out of their investment. Whether it’s collecting the rent or performing regular maintenance, property managers are always busy. Sometimes too busy to do everything on time. Luckily, with a little help from homeowners, property managers can do their job more efficiently, keeping your property in tip-top shape while allowing you to enjoy the extra time and money with those you love.

 

MAKE SURE YOUR PROPERTY IS READY TO RENT BEFORE YOU HAND IT OVER

Appearances are everything in the rental market. Handing over a clean, empty property that is ready to be leased will attract prospective tenants and show your property management company how you expect your house to be kept. On the other hand, if your house is a mess, you’re sending a message to prospective tenants and your management company that the maintenance of your investment isn’t a priority

 

 

DOUBLE-CHECK THAT EVERYTHING WORKS

Nothing wipes out the joy of moving into a new house only to find out that essential fixtures and appliances aren’t working. However, you can prevent problems from developing by making sure that everything is working before you hand your property over.

Light fixtures should be in good conditions and with working light bulbs. Bathroom and kitchen faucets should work and have no leaks. Fire alarms should have new batteries. Anything that doesn’t work or isn’t needed should be removed from the property, so as to avoid frustrating the tenants or overburdening the management company’s repair staff.

 

TAKE ALL OF YOUR PERSONAL ITEMS WITH YOU

Whether it’s by accident or on purpose, many property owners end up leaving personal objects in the property. This happens especially in places like the garage or the attic. This is can lead to trouble down the road.
Leaving personal items in a property encumbers everybody. When your new tenant moves into the home, they shouldn’t have to deal with items that don’t belong to them. You also risk having your personal items stolen or damaged. This also affects the property management company that is caught in the middle. Save yourself the hassle and make sure you remove all of your personal items before turning over your property.

 

GIVE YOUR WALLS A THOROUGH CLEANING

Tenants expect to be able to move in immediately, not having to scrub the floor and walls for hours. Your property may be old and have a few issues with its fixtures, but keeping it sparkling clean will make it more attractive for your future tenants. So make sure that there’s no dust or stains on the floor. If you have carpets get them cleaned by a professional.

 

GIVE YOUR WALLS A MAKEOVER

Your walls don’t have to be freshly painted, although it does help. But the better they look, the easier it’s going to be renting the house out. So make sure that you fill any hole, scrub the walls, or change the wallpaper if needed. Tenants can be picky when it comes to walls, especially if they are dirty or are painted with strange colors.

 

 

LEAVE ALL THE UTILITIES PAID

By visiting your house, prospects expect to get an idea what it will be like to live there. That’s why it’s important that there is running water so that the toilets and the sinks work. Leaving the electricity on is also a must since many tenants visit in the evening and need the extra lighting. Depending on the season, your AC or heating system will also be needed to keep your prospects comfortable.

 

FILL OUT AND RETURN ALL THE PROVIDED PAPERWORK

Every form and document we submit to the owners is necessary for our business activities. That’s why we have a rule of never marketing or leasing a property until the owner, or tenant, has delivered all the information and paperwork we have requested.

 

SHARE ALL THE INFORMATION YOU CAN WITH YOUR MANAGEMENT COMPANY

Where is your property’s electrical junction box? Does the house have a propane tank? Where is the water shut-off located? These are just some questions that you should answer when handing over your property. They will save you time and many phone calls from your property management company.

 

GIVE COPIES OF YOUR RULES TO YOUR PROPERTY MANAGERS

These will be passed on and explained to your tenants so they can comply with the neighborhood rules. No tenant can be held responsible for breaking a rule if he doesn’t know the regulations to begin with.

 

GIVE THEM YOUR FULL CONTACT INFORMATION

Perhaps the most obvious one, your company needs your full contact information. This includes your current address and phone number, to get a hold of you. The easier it is to talk to you, the quicker your property manager will be able to make repairs in your property or solve other issues that need your authorization.

SFPMA.COM

 

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HUD to Strengthen Landlords’ Rights in Service Animal

HUD to Strengthen Landlords’ Rights in Service Animal

  • Posted: Jun 15, 2019
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HUD to Strengthen Landlords’ Rights with Service Animals

Landlords and property managers are entitled to “reliable verification” of a tenant’s need for a service animal and can require proof beyond an online certification, a Department of Housing and Urban Development official said Tuesday at the REALTORS® Legislative Meetings & Trade Expo in Washington, D.C.

Lynn Grosso, director of HUD’s Fair Housing and Equal Opportunity Enforcement Office, told the Land Use, Property Rights & Environment Committee that a predatory cottage industry has developed for assistance animal certifications. Consumers are being misled to believe that an online verification letter—often provided by unlicensed medical professionals at a cost of a few hundred dollars—guarantees them the right to have an animal in multifamily housing regardless of pet policy, she added.

“HUD does not recognize these pay-to-play certifications as reliable,” Grosso said. “You should not feel held hostage by a policy where tenants don’t have to demonstrate in a reliable manner a legitimate need for the assistance of an animal.”

Grosso said HUD is developing new guidance that will address for the first time what “reliable verification” means as it pertains to tenants’ service animal requests. It’s not clear when the guidance, which is currently under federal review, will be released.

But Grosso offered some clarity to the committee Tuesday on the substance of the guidance. While landlords and property managers are legally prohibited from inquiring about the nature or severity of a tenant’s disability, they can express concern about the reliability of a service animal certification letter and provide steps for the tenant to take for further verification. This may include asking the tenant to provide additional documentation from their medical provider. The most reliable form of verification is a letter from a medical provider who has a history of treating the tenant, and the letter should name the tenant’s disability and the animal most qualified to assist him or her, Grosso said. “It’s best to have a policy on this issue rather than doing it on an ad hoc basis,” she added.

However, if you can “readily observe” that a tenant has a disability and an animal that provides a service, it’s wise not to push the issue of additional verification, Grosso said. She added that HUD’s forthcoming guidance also will address exotic animals such as alligators and the number of animals each individual tenant can request in their unit.

It’s important not to trivialize the issue of service animals because of abuses of the law, Grosso said. “Very often, there is some nefarious attribution to people who request assistance animals,” she said. “But many times, there are people with significant disabilities who legitimately need the assistance of a service animal. They bear the burden of the effects of service animal abuses.”

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The short-term rental market is one of the hottest segments in real estate and property management

The short-term rental market is one of the hottest segments in real estate and property management

  • Posted: Jan 04, 2017
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1.Hidden Costs – Short-term rentals are a different breed; they have many costs that traditional long-term rentals don’t have. These behind-the-scenes costs can include everything from replacing furniture to landscaping the lawn to supplying toilet paper. In essence, they’re more like hotels than rental properties. Here’s a quick list of common unforeseen costs:

  • Maintenance – garden and lawn irrigation, pool maintenance, pest control, HVAC maintenance
  • Utilities – cable, electricity, Internet, telephone, etc
  • Upkeep – housecleaning, toiletries, replacing appliances, carpet cleaning
  • Annual fees – taxes, insurance, property management fees, license fees

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Mobile Leasing: The transition to mobile-based marketing, leasing and resident management in 2017

Mobile Leasing: The transition to mobile-based marketing, leasing and resident management in 2017

  • Posted: Jan 04, 2017
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The buzz in the property management industry right now about the transition to mobile-based marketing, leasing and resident management, with the expectation that the pervasive tech obsession sweeping America will leave no process unturned.

The reality may be a little closer to the current standard practices of renting an apartment—with a couple of notable exceptions.

Industry insiders tell us that while things are going to change a lot for some high-end apartment communities and their tenants, many of us will still be filling out paper applications. But we may get to pay our rent and submit maintenance requests, online. And while searching for that great new place, expect to be courted with apps and mobile-friendly websites.

Here’s a step-by-step look at the apartment rental process and what’s changing—or, perhaps, staying the same.

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Tips on Property Management Rental Income, Deductions and Record keeping.

Tips on Property Management Rental Income, Deductions and Record keeping.

  • Posted: Oct 02, 2016
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If you own rental real estate, you should be aware of your tax responsibilities.

All rental income must be reported on your tax return, and in general the associated expenses can be deducted from your rental income.

If you are a cash basis taxpayer, you report rental income on your return for the year you receive it, regardless of when it was earned. As a cash basis taxpayer you generally deduct your rental expenses in the year you pay them. If you use an accrual method, you generally report income when you earn it, rather than when you receive it and you deduct your expenses when you incur them, rather than when you pay them. Most individuals use the cash method of accounting.

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