Why You Don’t Need a Property Managing Agent for Your Block of Flats

If you are a member or even a director of one of the many freehold or leasehold property management companies which are responsible for the maintenance and repair of blocks of flats or apartments what do you think?

Does your company really need the in depth property management advice offered by the professional property managing agent? Or is such a move just another waste of service charge funds?

Increasingly many directors and company members are shifting towards the employment of specialist property managing agent professionals to share responsibility and to advise and guide their property management company through the maze of legislation surrounding the residential sector.

However many others are resolutely sticking to their guns and continuing to manage their companies and their property estates in house.

So what is all this legislation and what else do the directors and decision makers who are ultimately responsible for the management function need to know?

Current legislation in England and Wales is largely defined under well established landlord and tenant law as subsequently revised by the more recent Commonhold and Leasehold Reform Act 2002.

In summary, any terms included in any residential lease cannot be upheld where they do not comply with current statutory legislation. As a result, parts of the lease may not be enforceable and may be deemed illegal. This means that property management company members and directors must be compliant with the requirements of statute, however well they might have read and understand the property lease.

Property block management therefore involves knowledge and expertise in how statute will vary the terms of how the lease is interpreted.

The Regulatory Reform (Fire Safety) Order brought in to effect significant changes. The new fire safety rules came into force on 1 October 2006 and affect all non-domestic premises in England and Wales.

If you are responsible for non domestic premises then you need to act by undertaking or arranging a fire risk assessment. This is an organised appraisal of work activities and the workplace which now includes by definition the common areas of your residential premises. It is therefore an essential part of your block management duties.

The risk assessment should identify potential fire hazards, for residents, employees and visitors who might be in danger in the event of fire. You should evaluate the risks arising from the hazards and decide whether the existing fire precautions are adequate, or whether more needs to be done.

If you do not employ the services of property management agents this means that your management company members and directors must be compliant with The Regulatory Reform (Fire Safety) Order.

The Data Protection Act controls how personal information you hold is used by organisations, businesses or the government. Everyone, including you, who is responsible for using data has to follow strict rules called ‘data protection principles’. In summary you must make sure the information you hold is:

used fairly and lawfully
used for limited, specifically stated purposes
used in a way that is adequate, relevant and not excessive
accurate
kept for no longer than is absolutely necessary
handled according to people’s data protection rights
kept safe and secure
not transferred outside the UK without adequate protection

There is stronger legal protection for more sensitive information, however the above information should be sufficient to make you aware of the need to comply.

If you do not employ a property management services agent this means that your property management company members and directors must be familiar with and compliant with The Data Protection Act and the ‘data protection principles’.

The above examples are merely a few of the many areas of estate property management affected by ever growing legislation and red tape.

Other important matters which are affected include the treatment of service charges, tenants’ rights, legal landlord notices required, increased powers conferred on the LVT or leasehold valuation tribunal, consultation procedures for Qualifying Works under Section 20 of the Commonhold and Leasehold Reform Act, and enfranchisement and new right to manage principles giving the leaseholders in qualifying properties the right to take over the management of their properties.

If you are familiar with the majority of the above property block management legislation and have the time available then you are probably well informed and very capable of managing your estate or block of flats.

If however you have found that this article has provided you with new information then you might want to think about taking professional advice about how you manage your company and your estate to ensure you are not at risk.

Whilst directors and officers liability insurance cover is available to help protect you in the event of negligence it is doubtful how far this will cover those who could be thought to have willfully ignored statutory legislation. It is particularly important to realise that any serious breach of health and safety legislation is treated as a criminal offence for which a heavy fine or custodial sentence may result.

How To Succeed At Online Product Creation The Easy Way

Product creation could be a frightening subject for a lot of Internet marketers to face. Some folks who get in the game with the intention of making a full time income are completely ignorant as to how an online business operates. One of the most profitable ways to create online cash is by creating a product that others are happy to pay for.

Product creation is legitimate method of generating money through internet marketing but many entrepreneurs get it wrong. They start by imitating their Internet marketing gurus by creating information products on Internet marketing in hopes of getting rich the way their heroes did. The problem is that they usually don’t know what they are doing and enter a highly competitive niche with very little marketing experience or connections.

Here are a few tips for effective product creation that may help you get on the right track:
Start by finding a profitable niche with low to moderate competition. If you conduct some rudimentary market research and keyword research, you’ll find many opportunities in areas that will surprise you. Amazon and eBay are two great places to brainstorm for product ideas.

Developing Your Product does not have to be a difficult project. You can find experts in the right field for your niche and pay them to write the material while an artist designs the packaging and website or blog. You can outsource the entire product creation part of the project after you conduct the research and testing to ensure profitability.

Sales and marketing strategies should be created while developing the product and learning about the market. Some experienced marketers use pay per click to drive traffic to their offer page; some folks outsource the entire marketing campaign to affiliates through ClickBank or other affiliate programs.

Product creation does not need to be hard, particularly when the merchandise is electronic. E-books, videos, audio and multi-media products sell very well. They are distributed immediately to customers electronically. Once you have a good feel for a niche market, try to service your customers with associated products and upgrades. If you want to earn money online through product creation, you must understand supply and demand. The majority of new online marketers fail miserably because they go after highly competitive markets or forget to research their chosen niche properly. You have to create your products according to the needs, wants and desires of the prospective customers.

New Texas Real Estate Laws

The following is an overview of bills passed during the 2011 Texas legislative session that affect real estate. Please note that this overview does not include every new law affecting real estate; it is simply an overview of certain important changes.

Landlord-Tenant-Residential Certificates of Occupancy H.B. 1862 allocates liability to a landlord whose certificate of occupancy is revoked by a city or county for the landlord’s failure to maintain the premises. The landlord is liable for the full amount of the tenant’s security deposit, the pro rata portion of any rental payments paid in advance by the tenant, and the tenant’s actual damage which includes moving costs, utility connection fees, storage fees, lost wages, and attorney’s fees.

Property Owner’s Associations (HOAs and COAs)

· Collections and Foreclosures H.B. 1228 requires certain POAs to adopt and file reasonable guidelines allowing owners to make partial payments for delinquent assessments. The law also regulates foreclosure of assessment liens and the use of collection agents. Lastly, the bill requires the Texas Supreme Court adopt rules for expedited foreclosure proceedings.

· Flags H.B. 2779 prohibits a POA from adopting or enforcing restrictions on displaying the U.S., Texas, or armed forces flags, except as allowed by law (ex. reasonable restrictions relating to flags, flagpoles. lights, and noise).

· Solar Panels H.B. 362 prohibits a POA from restricting solar devices, except as allowed by statue. The law also prohibits POA architectural review committees from withholding approval of a solar device unless the device substantially interferes with the use and enjoyment of the land.

Ad Valorem Taxes-Protests H.B. 1887 provides that before delinquency, an owner who disputes the appraised value of their property need only pay the amount of tax attributable to the portion of the appraised value that is not in dispute in order to preserve their right to have the appraised amount corrected by the appraisal review board (ARB).

Ad Valorem Taxes-ARB Hearings S.B. 1546 amends Tax Code Section 41.45 (e-l) by providing that a property owner’sagent who fails to appear at an appraisal review board (ARB) hearing is now entitled to a new hearing in the same manner as a property owner who fails to appear to such a hearing.

Co-owners of Residential Property S.B. 1368 permits certain co-owners of property to file an affidavit in the county clerk’s office to establish the authority to act as agent for the other co-owner for the purpose of entering into mechanic’s liens, materialman’s, and deed of trust liens.

Bahin Ameri is a Houston-based real estate attorney. The focus of her practice is on real estate law and business law. She handles a variety of cases including contract/lease disputes, property disputes, and small claims. Bahin also handles business formations, applications for state benefits, and homestead exemptions. Her clients include homeowners, small business owners, landlords, tenants, and individuals seeking state benefits.