Tag Archives: Schweitzer

To All HOA Board Members

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guest blog by Jill Schweitzer

Why state licensing for property management companies is good for you! 

In formal classes the HOA industry money makers (property management companies and attorneys) seem to smirk/smile when they say “but ultimately the Board is responsible for everything.” Note, the HOA attorney is in a lobby group with the property management companies which then work to keep themselves self-governed and unaccountable. This is not in the best interest for you or your fellow homeowners. It’s an obvious conflict-of-interest.

You are relying on self-proclaimed ‘professionals’ who are unlicensed and unregulated property managers. When they give their so-called ‘expert advice,’ should they not be required to follow the laws, and be held accountable for their actions?

Why should you allow management companies to demand indemnification clauses? HOA homeowners should NOT have to pay to defend management companies for their own negligence.

Hiring an HOA Management Company

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guest blog by Jill Schweitzer

As a Realtor in Arizona, I recently went to a class presented by an HOA property management company. The topic was the various ins and outs of HOAs hiring a management company. But as the class progressed, I thought it really would be better taught by an attorney and not somebody within the HOA industry.

Here are my conclusions after going through this class:

1. Absolutely, have an attorney review and make changes to the contract! Have the attorney tell you what items to add in to the contract items that are missing in the laws to protect the both the HOA and the individual homeowners…thereby holding the management accountable and responsible for any misfeasance or malfeasance. Also have the attorney remove the indemnification clause! Why pay to defend a management company for its bad actions?

2. Check court records online and in person to examine lawsuits the company may have been involved in.

3. Recommend that boards either eliminate or lower transfer and disclosure fees!

4. Recommend the board get a website independent of the management company. This would ensure that the HOA’s connection with homeowners survives any future change in management.

5. When hiring a management company, HOA boards should be careful of all the extra junk fees; printing, copies, coupon books, violation letters, etc.

6. Finally, mandate that any management company hired by an HOA certify that it has insurance against all misfeasance and malfeasance by management company owners, executives or employees.

 

A Great Resource & Great Publicity

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guest blog by Jill Schweitzer

I’m a painter, and painting a picture: Imagine living in a neighborhood where you can’t have a bench to sit on in your front yard. Imagine a Board member tries getting the board to fix a drainage issue multiple times, the Board and HOA property manager do nothing, and the condo eventually floods. Imagine having a leak for 11 months in your dining room, HOA still has not fixed it. Imagine an HOA trying to get the Board to agree to sign a Code of Conduct giving all control to the President and property manager, the rest of the Board does nothing in between meetings. Imagine a property manager that is so bad that 12% of the owners sell and move out in approximately six months, and note that the management company makes $4800 in transfer/disclosure fees as their reward for poor management?

Also note that most of those new buyers probably weren’t too happy this week to receive notice there may be a 3-5 thousand dollars special assessment. Imagine a property management company trying to charge for coupons, charging for printing because they think it’s different from copies, and trying to pay the old company a ridiculously high termite warranty renewal fee and then pretending the new termite company only gave a two year warranty, when it’s actually five years…all these situations have happened.

“Buying into an HOA with your eyes wide open” is a 22 page report about HOAs in Arizona, but basically applies everywhere. The situations above didn’t make it into the report. This week the report is being released to the world…if everyone gives it to five people, with the ‘give to five people’ message, the information could spread. Send to friends, realtors, legislators, Association of Realtors, Real Estate Commissioner, judges, news stations..even leave copies in your Doctor’s office. How refreshing to grab this report rather than your typical waiting room magazine.

One piece of material educating people on many aspects of HOA living, with a multitude of examples, written to help buyers know what they need to look for when buying into an HOA. A real eye opener…change occurs one buyer and one HOA at a time.

Legislators need to make substantial changes to the law and can’t ignore this. If they do, lets hold a rally. Most real estate agents I know are disgusted and want this changed. Today it was made available to 4700 of them. Please help by giving this report to 5 people and ask them to give it out to five people.

(go to report, print this out and distribute)

(KPHO-TV news story about Jill Schweitzer’s brochure!)