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10 Management Professional things agents should know and do | SFPMA

10 Management Professional things agents should know and do | SFPMA

10 Management Professional things agents should know and do.

 

  1. Immediate Response: As a real estate agent you need to make your response time, when your prospective buyer calls or emails, as quick as possible. If the buyer doesn’t find you available then he may call somebody else. Buyers want instant response and will not wait for you to call them back or respond to mails only when you are in office.

2. A person he can trust: An agent needs to tell the buyer the truth even if it means losing the sales. While you speak volumes about the virtues of a home, you need to point out the possible defects as well so that the buyer can think twice and not be blinded by only the positive features. The buyer should feel that you are on his side and fluff and untruth will make him lose his confidence in you.

  1. Keep learning on the job: A person is smart when he hires people smarter than he is (Henry Ford). A buyer wants to use your education and experience in order to feel that he has employed the right person to do the job. You should come across as an expert in the field. The best and only way it is done is through constant learning. This can be through trainings and also reading relevant stuff. You should have a ready knowledge about the property that you are highlighting.
  2. Good communication skills: You need to be extremely good at handling your communications. There are all kinds of buyers and while some prefer an e-mail others may like you to call them. The best course is to ask them their preferred mode of communication. Always remember to promise less and deliver more.

 

 

  1. Professional and friendly: Being friendly and at the same time maintaining professionalism is the best way, although a bit difficult. Friendliness is preferred by most buyers as you give out the vibe that you are on their side. At the same time they also want you to be assertive and professional. They want you to handle anything that may come up while they are probably viewing the house or saying €no’ to a particular seller.
  2. Information about the neighborhood: When you are trying to sell a property in a particular neighborhood you should have good knowledge about it in terms of amenities and facilities. Your buyer may be interested in knowing about train stations or bus stops that are close by. The interest could even be a park for children. Make a search and find out all you can about areas where most of the properties that you deal in are located.

  3. Price guide: You need to be the professional who has inside information about the price. The client may be interested in your opinion so prepare yourself well. You need to be careful that you do not quote a price that is too low or too high. You need to be ready with market trends and facts for the particular area and similar properties. Guide them to make an informed decision.

  4. A good inventory: When a buyer visits you he wants to know about as many properties as he can. He expects a wide inventory and you need to be ready with one. Since you cannot predict the kind of home each buyer requires as buyers buy for their own reasons, you need to have all kinds of properties ready. The choice of properties should take care of a wide arena of needs and requirements.

  5. Dedicated time: When a buyer comes to you he expects you to devote all your time to him until he leaves or makes a decision. Remember you may be selling 10 houses in a week but for him it is one single home that he may be buying in a lifetime. You need to show your enthusiasm and zeal and help him to decide on the perfect home. Try and focus on him and the transaction he is going to make and leave all work aside for the time being.

  6. Time saving transactions: The modern real estate buyer is hard pressed for time. He wants the transaction to be fast and take up as little time as possible. And he would like you to handle things in such a way that the total time is cut down and he can proceed with other things. So do your homework and be prepared to save time, both his and yours.

 

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ELECTIONS, INSURANCE, AND A SENSELESS DEATH

ELECTIONS, INSURANCE, AND A SENSELESS DEATH

ELECTIONS, INSURANCE, AND A SENSELESS DEATH
This season, more than any other of late, the issue of condominium election ballot verification reared up. The condominium election process is unique and very regulated. In addition to many other requirements, ballots are to be placed in an inner plain and unmarked envelope which is to be placed inside a larger envelope which must, as per Florida law, contain the unit owner’s name, address, unit number and signature. As part of the election process, this information is later verified against the associations’ membership records to ensure that only the unit owner, or the unit owner’s designated voter, cast their ballot. It is the plain inner envelope that guarantees anonymity.

Given the sheer volume of units in many condominium communities, which translates to the number of ballots that can be received, the process of tabulating the ballots can take hours. To speed things up, some condominium communities prefer to verify the outer envelope information in advance of the election ballot tabulation that takes place during the annual members’ meeting. That said, and what may come as a surprise to some, is that you cannot just start verifying the outer envelopes. If you do, then your entire election is subject to challenge. Tampering with the election materials creates an inescapable cloud over the entire election process from which there is no escape, but a new election. It is so simple to avoid, too.

 

Section 61B-23.0021, of the Florida Administrative Code, details the verification process as follows: “Any association desiring to verify outer envelope information in advance of the meeting may do so as provided herein. An impartial committee designated by the board may, at a meeting noticed in the manner required for the noticing of board meetings, which shall be open to all unit owners and which shall be held on the date of the election, proceed as follows. For purposes of this rule, “impartial” shall mean a committee whose members do not include any of the following or their spouses: 1) Current board members; 2) Officers; and 3) Candidates for the board. At the committee meeting, the signature and unit identification on the outer envelope shall be checked against the list of qualified voters. The voters shall be checked off on the list as having voted. Any exterior envelope not signed by the eligible voter shall be marked ‘Disregarded’ or with words of similar import, and any ballots contained therein shall not be counted.” Now you know how to have your cake and eat it, too. Just follow the simple procedures to verify the outer envelopes and you can be home in time for the 10:00 P.M. news.

 

Once you are elected to the board, make certain the directors’ and officers’ liability coverage is in place. In most instances, a board member’s duty is to exercise their reasonable business judgment. They can make decisions that later turn out great or bad, but so long as they acted reasonably under the circumstances, and without malicious intent, the association’s insurer typically stands by their coverage obligations. Noteworthy is that, as related to procurement of insurance, a condominium board member’s statutory duty as set out in s. 718.111(11), Fla. Stat, is one of “best efforts”. Casualties of all sorts can occur at any time. For example, just look to the recent tragedy that led to the death of Trayvon Martin.

 

Friends, family and clients are all asking, will George Zimmerman’s homeowners’ association be sued? Yes, most likely it will. That is one deep pocket not likely to be missed. We could also see intentional tort claims brought against the individual directors by the victim’s family. If such claims are victorious, then it’s the individual directors who are liable, not the association’s insurer. Under the circumstances, as reported thus far, a finding of individual board member liability is not unlikely.

The more difficult question to answer is whether the HOA will have liability for its actions or failures to act? Was the association, based on the acts of its boards (both past and present) negligent or grossly negligent (reckless disregard that rises to such a level so as to appear to be an almost willful violation of the safety of others)? If so, the insurers would likely fight to pay only their fractionalized share of the association’s blame. This is referred to as “contributory negligence” where each culpable party pays their share of the blame. You might also hear about some court activity where the plaintiffs try to force the association to suffer its judgment separate from the other defendants. Doing so could create opportunity for larger settlements and judgments. Think of it this way, would you rather receive just $1,000 from 10 people, or have 10 people each give you $1,000?

 

In many ways, suing a homeowners’ association is like suing a successful, well capitalized corporation. Without proper insurance coverage in place, a judgment against your association would also be your next special assessment. Make sure your association’s insurance professional is made aware of all activities taking place in your community, from watch committee activity to use of the clubhouse by private organizations. Crime and accidents occur everywhere, at any time, when you least expect it and without notice. Advance planning is your only defense.

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SO HOW ARE ELECTIONS GOING TO WORK?  By Eric Glazer, Esq.

SO HOW ARE ELECTIONS GOING TO WORK? By Eric Glazer, Esq.

SO HOW ARE ELECTIONS GOING TO WORK?

By Eric Glazer, Esq.

Unfortunately, it looks as if we will still need to social distance when it’s time for our annual elections.  So how do we do this practically?

In a condominium, it’s much easier than an HOA to run the election with social distancing because the procedures allow for mail-in ballots.  The association must still have an in person  “annual meeting” but it can be very small, with only a few people showing up while everyone else tunes in to watch live on their computer.

The votes can be counted by any volunteers in attendance, or the ballots can be forwarded to counsel for the association, who, with volunteers appointed by the board in advance, can count the ballots at the attorney’s office — and everyone can watch live on their computer.  It really is no big deal.

It’s more complicated in an HOA however, because typically HOAs don’t follow the same election procedures that condos do.  Ballots are not mailed in.  People must vote in person, after nominations are taken from the floor.  And, after nominations are taken from the floor, parcel owners are then given a ballot and asked to write in the names of the candidates of their choice. How can nominations be taken from the floor if people are afraid to go to “the floor?”  How can we distribute paper ballots to people who are logged on by the computer?  The truth is….we can’t.

So for HOAs who have real concerns that their election process will be tainted because it’s impossible to comply with the procedural election requirements of their bylaws, I have a suggestion.  AMEND YOUR BYLAWS AND DO IT NOW.  I always thought the HOA election process stinks and that the condo statute is far superior.  Well, now is a perfect time to convince your community that if they want fair elections to occur in their community and that will allow them to vote from home during a pandemic, their docs need amending now.

 

As Eric mentions, amended the HOA By-laws now. It is much easier to amend the By-laws as opposed to the Declarations.

Comment -There is a BIG difference between a Condo and HOA. Two different laws, one association is regulated by the DBPR (Condo) and the other is a half baked regulation for only recalls and elections by the DBPR. HOAs are at the greatest risk. It allows elections to be held in accordance with the antiquated by-laws of the Governing Documents. There are over 10 different ways to hold an election because there are so many variables in the individual by-laws. It is hard enough to hold an HOA election because of quorum requirements. No wonder property owners ignore HOA annual meeting elections and board meetings. It was so simple pre-FS 720.

 

 

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Members can now upload articles to our BLOG.

Members can now upload articles to our BLOG.

Our IT Team is adding the ability for members to write articles.

SFPMA BlogSFPMA has been asked “Can members write articles that can be published on our website” The answer is yes!

Write Articles, Upload them These will be set to the category you selected. We will use these and share them with our over 200,000+ subscribers and through other RSS web services we use for distribution in our industry. Start today sending articles. Let the industry know what you do? and new company news? Let us share them or you can click the social media sharing buttons and post these to your pages, Let others find these on your pages.

View our Blog Page: you will see   Members Submit your Articles  This is the form on the Front End that will allow you to write these and upload them.
We are still coding this and will have all features working properly, you can still send us articles via email, membership@sfpma.com

Thank You

SFPMA State of Florida Property Management Association.
SFPMA.COM

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Learn about hiring a professional management company

Learn about hiring a professional management company

  • Posted: Nov 06, 2023
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Search management members working in, Residential, Commercial, Industrial, Single Family and Multi Family.

 

“We give investors and clients the information to make an informed decision about which property management company to use”

  • They learn about how hiring a professional management company helps them.
  • They find out what fees are associated with management.
  • They read and learn about maintenance issues and repairs for their property.
  • Other information including what questions to ask potential management companies. We know that with real estate comes non paying tenants, evictions fees, collecting rents, vacant units, inspections, contracts and leases, payment matters from tenants and your monthly money.

 

Search Management Members

Join and we will give you a florida list of over 3000 member companies to start you with marketing.

learn what to look for in a Property Management company, the benefits, the services they provide, how they collect fees, how repairs are addressed, laws & licensing.

 

Read and learn what our members can do to help you with the management of your buildings. Managing properties can become quickly overwhelming, even for experienced investors. There is always something going on that requires attention and it takes very little time for things to get out of hand. Hiring a Property Manager can provide an opportunity to regain control and restore stability to both your properties and possibly life in general.

We understand the importance having income real estate to you and your family. We are here to help you with the selection process for hiring the right company for the management of your buildings. Your Property Manager will make critical decisions on your behalf making it extremely important that you do your homework during the hiring process.

Ultimately, your decision to hire or not hire a property management company should hinge on whether or not it is a good fit with your lifestyle, and makes sense financially.  Individual investors will have to assess the opportunity cost of both options based on their unique circumstances.

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Good leadership and governance for Florida Board Members by SFPMA

Good leadership and governance for Florida Board Members by SFPMA

  • Posted: Oct 23, 2023
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Good leadership and governance for Board Members

“Seven keys to a successful board meeting”

One of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

It sounds basic, but one of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

Boards, in general,  do well with more fundamental board members understanding responsibilities — understanding the organization’s mission and providing financial oversight. Conversely, they struggle most with external responsibilities, including fundraising, advocacy, and community-building and outreach. This lack of understanding of what is — and is not — a part of the board’s essential roles can lead to a whole host of dysfunctions, such as micromanagement, rogue decision-making, lack of engagement, and more.

Since it’s impossible to do a job well if you don’t know what the job is, all boards must take the time to ensure that every board member fully understands what’s expected and needed of him or her, and then hold all members accountable when they get off track.

This starts with an understanding of the fundamental legal duties of each individual board member, which include:

  • Duty of Care — Each board member has a legal responsibility to participate actively in making decisions on behalf of the organization and to exercise his or her best judgment while doing so.
  • Duty of Loyalty — Each board member must put the interests of the organization before their personal and professional interests when acting on behalf of the organization in a decision-making capacity. The organization’s needs come first.
  • Duty of Obedience — Board members bear the legal responsibility of ensuring that the organization complies with the applicable federal, state, and local laws and adheres to its mission.

 

Board meetings should be productive, efficient meetings where the board conducts business. Stop and think about that for a minute. Are your meetings productive and efficient? Does the board meet to conduct business or socialize? Are you getting the most out of your meetings?

We’ve put together seven keys to a successful board meeting. Following these suggestions can bring new life to your association and keep volunteers interested in helping.

 

1.- Board meetings should not last more than one hour. Start the meeting when it is scheduled to begin and get straight to business. If you collectively have the focus to get done in an hour you’ll be amazed with how much you can accomplish. If you have no time limit, the meeting will typically drag on and a lot of time will be wasted.

When time is wasted at a meeting then people are less likely to volunteer because they feel their time is wasted. One hour meetings have a major impact on volunteers. Associations that hold focused, one hour meetings have more people volunteer. It’s also important to note that those volunteers stay active the in the community for much longer. Length of your board meetings may seem like a trivial matter, but it really does have a large impact on how the volunteers of the association view the organization and, in turn, how they view their role.

 

2.- Make your meetings action oriented. Don’t just discuss issues, make decisions. Every item up for discussion should end in a vote to move forward in some way or table the issue with a clear understanding of why the item is being tabled and when it will be revisited. When taking action on an item make sure it is clear who will be responsible for getting that task completed. Ambiguity cripples a board.

 

3.- Board Meetings are for the board. They are not neighborhood meetings or social gatherings. The purpose of a board meeting is to conduct business, not see how many people you can get to attend. Some board members try to get as many people to attend as possible. This is missing the point. Homeowners are, of course, welcome to attend but it is not a membership meeting. The purpose of the board meeting is for the board to consider the affairs of the association, make business decisions, and then have a clear plan of action.

 

4.- Take time prior to the meeting to think about what you want to discuss. Inform the community manager of this one week prior to the meeting. This way your topics of discussion can be placed on the agenda which will allow the other board members and the community manager the opportunity to think about and/or research the item you want to talk about. When you don’t come prepared and spring things on the other board members or on the community manager this typically results in a lot of unnecessary discussion with additional research needed in order to make any kind of decision. Remember, be action oriented. By planning ahead you can make more decisions at the meeting instead of causing an item to be discussed twice and delayed for months.

 

5.- There are an odd number of board positions for a reason. You will not always see eye to eye. Don’t take it personal if the other members of the board disagree with you. This will occur and is healthy. While each board member should attempt to come to a consensus with the other members, you will not be able to achieve this each time. Countless hours are wasted by board members continuing to argue a point just to obtain “victory” on a certain issue or to avoid any vote that is not unanimous. This occurs because someone is taking it personal. If your view is not shared on an issue, take a vote, and move on. Do not hold a grudge. Recognize that you can disagree and still work well with each other.

6.- If you think you may have a conflict of interest do not vote on that issue. Let’s say a board member’s spouse is on a committee. If the board is making a decision on an issue related to that committee then the board member with the spouse on that committee should excuse him/herself.

 

7.- Most associations should hold quarterly meetings (unless your bylaws require more). Meeting more often than that becomes excessive and unnecessary. Remember you want to have focused, short, productive meetings. This keeps people interested in serving on the board and on committees. If the association is constantly meeting then people feel it is taking too much of their time and they will stop volunteering. It is important to note that you are required to comply with the minimum meeting requirement in your bylaws. Most association bylaws require no more than quarterly meetings, but check yours to be sure.

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Playing The HOA – A Continuing Study in Audacity (Part II) by Axela Tech.

Playing The HOA – A Continuing Study in Audacity (Part II) by Axela Tech.

  • Posted: Oct 22, 2023
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🏡✨ Calling all condo residents and property managers! 📣

Have you ever wondered how the fate of an entire community can change in the blink of an eye?

Chinese investors purchased properties in a condominium, sparking hope and excitement. However, the developer defaulted on agreements, pushing the property into financial turmoil. 📉💼

What made matters even more complex was that at least 75% of the units were owned by foreign investors residing in China, where they had no idea they owed any maintenance fees!

The delinquency rate became a looming problem for the entire community.

Our latest blog discusses how Axela stepped in to help a struggling condo get back on track with its delinquencies.

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The Florida law (SB-919) known as the “Homeowners’ Association Bill of Rights” took effect on October 1st, 2023

The Florida law (SB-919) known as the “Homeowners’ Association Bill of Rights” took effect on October 1st, 2023

The Florida law known as the “Homeowners’ Association Bill of Rights” took effect on October 1st. 2023 (SB 919)

MIAMI – The Florida law known as the “Homeowners’ Association Bill of Rights” took effect on October 1st.

It revises the requirements for the governance and regulation of homeowners’ associations to:

  • Require all notices for homeowners’ association board meetings to specifically identify the agenda items for the meetings;
  • Revise the requirements for the association’s use of a member’s e-mail to send notices, including allowing a member to designate an address different than the property address for all required notices;
  • Require that, if a homeowners’ association collects a deposit from a member for any reason, including to pay for expenses that may be incurred as a result of construction on a member’s parcel or other reason for such deposit, such funds must not be co-mingled with any other association funds, the member may request an accounting of such funds, and the association must remit payment of unused funds within 30 days after completion;
  • Provide that an officer, director, or manager who accepts kickbacks is subject to monetary damages under s. 617.0834, F.S., relating to the conditions imposing civil liability on the officers and directors of corporations and associations not for profit;
  • Provide that an officer or director must be removed from office, and their access to official records denied, if charged with the crimes of forgery of a ballot envelope or voting certificate used in a homeowners’ association election, theft or embezzlement of association funds, destruction of or refusing to allow inspection of association records, if such records are accessible by association members, in furtherance of any crime; or obstruction of justice;
  • Require directors and officers of an association, including a developer-controlled association, to disclose specified activities which may pose a conflict of interest;
  • Clarify that a developer’s appointment of an officer or director does not create a presumption that the officer or director has a conflict of interest with regard to the performance of his or her official duties;
  • Revise the notice requirements for imposing and collecting fines, including providing members notice of how to cure a violation, if applicable; and
  • Provide criminal prohibitions related to fraudulent voting activities that are punishable as first degree misdemeanors, including preventing members from voting, and menacing, threatening, or using bribery to directly or indirectly influence or deter a member from voting

 

We are sure there will be more to come, as the State’s changes to the Law slimmed down the original Law and added to the original law.

SFPMA and Our Legal Members.  October 1, 2023

 

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Do you have a residential or commercial property in Florida, Georgia, Texas, North Carolina or South Carolina? The public adjusters at Sarasohn & Company are experts at maximizing your insurance claim recovery. We don’t get paid unless you do!

Do you have a residential or commercial property in Florida, Georgia, Texas, North Carolina or South Carolina? The public adjusters at Sarasohn & Company are experts at maximizing your insurance claim recovery. We don’t get paid unless you do!

 Sarasohn & Company can assist in preparing your claim, guiding you through the claim process and helping to achieve the most favorable settlement. In addition to numerous state licenses, Stephen Sarasohn has held the nationally recognized designation of Senior Professional Public Adjuster since 1988.

Adjusters working for the insurance companies are obligated to treat all claimants fairly and impartially. However, they are paid by the insurance companies for their efforts. The state recognizes that you, the policyholder, are entitled to equal representation and you may retain the services of an expert adjuster to assist in the claim process.

Building Claims

In order to properly adjust any claim for damage to a structure, it is important to prepare a detailed repair estimate.  Sarasohn & Company will do that on your behalf.  Whenever necessary, we will employ the services of architects, engineers, contractors and other independent experts at no additional cost to you.

Full consideration is given to the provisions of your policy, as well as applicable statutes and case law, so as to maximize the recovery. This includes consideration of depreciation, coinsurance, code upgrades, deductibles and any other factors important to a successful adjustment.  Sarasohn & Company is also equipped to provide project management for the reconstruction process.  Project management is a field used in large construction projects to coordinate the various aspects of the repairs. This service is provided at no additional cost.

 

Personal Property Losses

All insurance policies require the submission of a complete inventory of both the damaged and undamaged personal property.  This includes machinery, trade fixtures, appliances, merchandise inventory, household furnishings, clothing and all other movable property insured under the policy.  This coverage also covers improvements and betterments on tenants’ policies, which can be treated several ways for claims purposes.

Sarasohn & Company has on its staff, experienced personnel who are capable of filling these requirements.   In addition to listing the property involved, our experts will calculate the replacement cost and actual cash value of each item as well as the repair cost when appropriate.  We will determine salvage value, if any, and help arrange for protection of the property from further damage, as required by the policy.  Our services can be helpful in documenting your tax loss, if any.

 

Loss of Income Claims

One of the most complex aspects of your claim involves calculating the loss of income you will suffer as a direct result of damage to real or personal property.  Sarasohn’s long term experience has helped to develop a team of forensic accountants who have proven to be outstanding in their ability to adjust claims in a way most favorable to the policyholder.  The services of CPA’s and tax attorneys are engaged when necessary, at no additional cost to you.

One of the questions that usually arise in a loss of income claim involves the continuation of payroll during the period of restoration.  It is extremely important that a method be established as soon as possible after the loss, to resolve this aspect of the claim.  Sarasohn & Company, with its years of experience will assist you with these important decisions.  Extra expense coverage can be used creatively to make up for insufficient property coverage, should that scenario exist.

Stephen Sarasohn SPPA
stephensarasohn@gmail.com
Public Adjusters since 1924
www.sarasohn.net
561-368-5000 office
561-866-3589 cell

 

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