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.

Home Business Opportunities – Four Home Based Business Opportunities To Choose From

Home business opportunities are virtually everywhere you look online. And the promoters of each home based business opportunity often claim that the opportunity they promote is the best business opportunity to join. This often makes it difficult for newbies to make the right choice, the choice that best suit their situation. This article takes a look at the four broad categories of home business opportunities so you can identify the option that suit your circumstances and therefore make informed choice.The four broad categories of home based business opportunities are:1. Opportunities that involve building an information rich web site from scratch and thereafter monetizing the resulting traffic2. Opportunities that involve joining affiliate programs that offer unique affiliate links for promoting the affiliate product or service3. Opportunities that involve joining a network marketing home based business opportunity that offer free distributor web site to members and4. Opportunities that involve getting paid a fixed amount for completing a set of tasks onlineLet’s take a closer look at each option above.The first online business opportunity involves building your dream online business from scratch.The right process requires you to do the following:
identify your passion
brainstorm topics that fall within your passion or interest using appropriate brainstorming software
identify a profitable niche that matches your passion or interest
Assemble low competition keywords that define your niche
Draw up a site blueprint
Design your web site
Write content for your web site using the low competition keywords brainstormed earlier
Promote your web site massively online
Add income generating streams to your web site
Cash your money month after month
If you conclude that the above process is tedious and time consuming, you’re probably right.But why?It’s because it’s business… it’s online business. And online business takes time, effort, and creativity just like offline does.The second home business opportunity mentioned above is affiliate program marketing. With this type of online business, you join the affiliate program of your choice and promote the affiliate links you’re given using a blend of online marketing techniques. Some online marketing techniques will produce more results than others. So, you need to track your sales promotion efforts or campaigns to determine what works and what doesn’t for the specific affiliate program you promote. Then drop campaigns that don’t work and do more of what works.The third category of home based business opportunities are MLM home business opportunities that offer members free distributor web sites to promote the MLM business opportunity. As with the affiliate program model, members of this type of MLM business opportunity promote their member web site url and register new team members using the tools on the member site they were given.The fourth online business opportunity involves completing a set of tasks in expectation of being paid a pre-determined amount.This kind of opportunities include:
paid to write
paid to attend to customers (online customer service jobs)
… and other such online job opportunities.WARNING: Verify that the internet job opportunity you’re interested in is legitimate before you join!Each of the home business opportunities described above have their pros and cons.Option 1 above requires you to do a lot of work without immediate reward. With this type of online business, you’re basically writing an online book or journal. And you don’t get paid for writing a book until it’s finished and it starts selling, right?In simple words, this option is a long-term business where you build traffic or your own customer base through content writing and marketing. This is a tedious but rewarding way to build a long-term business. With this type of home based business you own your traffic or customer base. And when you own your traffic, you own your business.Option 2 is affiliate program marketing. This system involves selling a product or service by finding a market for it. Depending on where you advertise or promote the affiliate programs, you can begin to make money right away.Here’s one thing to remember though.Not everyone makes money from promoting affiliate program products despite spending a lot of money in advertising.Why?It’s because affiliate program marketing success requires a set of skills. To succeed, you need to learn the skill-set that guarantees success. Option 3 is much like option 2. You get paid for promoting a network marketing opportunity.However, unlike most affiliate program opportunities that are free to join, virtually every network marketing home based business opportunity require members to join with a registration fee. Besides the registration fee, members must buy at least one pack of the MLM product they promote every month to stay active and qualify to earn commissions (at least in most programs). This means there is a maintenance cost for most MLM business opportunities.Option 4 is the most direct form of online business. You get paid to complete a set of assignments. The problem with this is that it’s like having a day job… when you stop working, you stop earning. Whereas with the other kinds of home business opportunities discussed above, you can build your business to a point where what you earn far outweigh the efforts you put in. And you can put your business on auto pilot.What home business option is right for you right now?It depends on your current circumstances. In my candid opinion, the overall best option is one that allows you to build a long-term business and put your business on auto pilot down the road.I’m talking passive income!Bottom line.It’s your life. Choose how you want to live it.Choose the opportunity that works for you.

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.