Welcome to the AAOA Forum, where we discuss the the topics our members want to hear and want to talk about. We like to take an active roll in the online community to help our members learn and help educate landlords new and old. We encourage you to participate and join in our discussions. Thanks.
Massachusetts Auction Announcement: 2 Apartment Communities
Tranzon AUCTION ANNOUNCEMENT: 2 MASSACHUSSETTS APARTMENT COMMUNITIES
Tranzon Auction Properties announces an offering of 2 Foreclosed apartment community consisting of:
18 fully occupied Units in 3 Separate Buildings on 3.13± Acres
The Tranzon Auction Properties Team
Posted by Kim Ezzell on 11.05.2009. CLICK to Leave a Comment »
Filed under: AAOA Forum
Disaster Prevention – Now, It’s the Law!
Carbon monoxide poisoning mimics the flu. Many victims crawl into bed, and fall asleep. Find out more at www.joinaaoa.org.
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Posted by Kim Ezzell on 11.05.2009. CLICK to Leave a Comment »
Filed under: AAOA Forum
Swine Flu Management in Rental Housing
Property Managers, Landlords and Property Management companies generally may not have a plan to handle the worst flu year especially with
the spread of H1N1 (Swine Flu).In case of H1N1 spread in a large multi-family unit, they will have to coordinate with local health and community organizations such as local public health department and other city departments.
Therefore, it is very important to think about the rights and responsibilities of property managers, landlords, and property management companies.
The responsibility lies clearly with the tenant and so property managers, landlords and property management companies should avoid telling tenants what to do and what not to do.
following steps to minimize the impact:-
Contact the city or county public health department.
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Request your tenant to avoid going out to avoid people until 24 hours after fever is gone.
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Suggest wearing a surgical mask to avoid spreading it to family members or others.
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Posted by Kim Ezzell on 11.05.2009. CLICK to Leave a Comment »
Filed under: AAOA Forum
Emergency Planning for Property Managers
by Michael Monteiro
What kind of plan do I need?
Begin by carefully thinking through worst-case scenarios that could potentially strike your property.
What type of information should my plan include?
Every property’s emergency plan will vary dependent upon the size and layout of the property, its location, the landscape of the area around it, and the type of hazard the plan is designed to guard against.
Escape/evacuation route
Communications plan
Utility shut-off plan
Special needs (for handicap and elderly tenants, etc.)
Dealing with pets
Safety resources (list of emergency numbers, individuals who can administer CPR, etc.)
Disseminate information.
No matter how well thought out your emergency plans are, they won’t do you any good if tenants and other property management personnel are not aware that they exist. Make sure that all evacuation routes are clearly posted throughout the building in multiple places; the entrance to stairwells and elevators is always a good place to display evacuation routes.
Protect your property.
In case of an emergency, your top priority is making sure that all tenants are rapidly removed from harm’s way. Unfortunately, in certain scenarios, it’s simply not possible to avoid property damage or destruction. So the most surefire way to protect your property is to make sure that it is fully insured against all types of damage, however it may occur. FEMA recommends that all property owners carefully research the Insurance Information Institute to determine what kinds of insurance will offer the most protection.
Also be sure to strongly recommend (or even require) that all tenants carry renters insurance. Many renters assume their personal property is covered under the building plan, which is not the case. Let them know upon lease signing that they are responsible for covering their own personal property and that renters insurance plans can be found through most major insurance companies at an affordable rate.
Creating an emergency plan can be overwhelming. You should always feel free to consult with city engineers and planning or zoning administrators, all of whom will be able to advise you specifically on what sort of disasters you should be guarding against. They can also give you professional tips on how to protect your property and its tenants from potential threats. Also, be sure to visit FEMA’s website for tips on how you can protect your building from fire, flood, and earthquake hazards ahead of time; their Are You Ready guide to emergency preparation is a resource every property manager should have on-hand.
Michael Monteiro works for Buildium LLC, maker of online property management software for landlords, professional property managers, condos and homeowner associations (HOAs) and is author of the The Buildium Property Management Blog.
Check out the Buildium Blog for more property management resources.
See The Right Way to Handle Subletting.
American Apartment Owners Association offers discounts on products and services for landlords related to your real estate investment including REAL ESTATE FORMS, tenant debt collection, tenant background checks, insurance and financing. Find out more at joinaaoa.
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Check out the Buildium Blog for more property management resources.
Posted by Kim Ezzell on 11.05.2009. CLICK to Leave a Comment »
Filed under: AAOA Forum
TRANZON AUCTION ANNOUNCEMENT
ARIZONA MIXED USE PROPERTY: 47 UNIT APARTMENT COMMUNITY + 140 UNIT STORAGE FACILITY + HOMESITE
Tranzon Driggers in cooperation with Neil Sherman of Sperry Van Ness/Axxiom Partners LLC announces an offering of a Foreclosed! Mixed Use Property consisting of a 47 Unit Garden Apartment Community,
140 Unit Self Storage Facility & Home Site!
The property will be sold over the minimum bid of $750,000.
The auction will take place on site at 1200 Lanny Ave. Clarkdale, AZ 86324
on November 17, 2009 @ 11:00 am
A preview of the property will take place on November 12 at 10:00 a.m. and again on November 17, one hour prior to the auction.
Tranzon Driggers is a member company of Tranzon LLC and is independently owned and operated.
For more complete information contact:
Jon Barber
877-374-4437
jbarber@tranzon.com
Or follow the link below.
http:// tranzon.com/ 7199
Posted by Kim Ezzell on 11.02.2009. CLICK to Leave a Comment »
Filed under: AAOA Forum
AUCTION ANNOUNCEMENT: 16 UNITS, MILWAUKEE, WISCONSON
Tranzon Driggers, an international real estate auction organization in cooperation with
Hines Auction Services Inc., announces an offering of 2522 W. Wells Street, Milwaukee, WI 53233, a foreclosed 16-Unit Apt Bldg, Milwaukee, WI
On November 18, 2009 @ 11:00 am
The property consists of 1-bedroom and efficiency apartments. Individual gas and electric meters are in basement with storage and washer and dryer. Current cash flow with 60% of the apartments currently occupied.
The Property is located near Marquette University and near student housing.
Hines Auction Services Inc., John J. Hines Sr., Registered Wisconsin Auctioneer, License #513.
Auction location: Ambassador Hotel, 2308 W. Wisconsin Avenue, Milwaukee, WI 53233
For more complete information contact:
Tranzon Driggers
David Ernest
(352) 369-1047
dernest@tranzon.com
Or follow the link below.
http://www.tranzon.com/Propertydetail.aspx?id=7195
Posted by Kim Ezzell on 11.02.2009. CLICK to Leave a Comment »
Filed under: AAOA Forum
Landlord Quick Tip
heaped into a wheelbarrow!Find out more at www.joinaaoa.org.
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Posted by Kim Ezzell on 11.02.2009. CLICK to Leave a Comment »
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Pest Control Spawns Toxic Tort
by Janet Portman, Inman News
Q: We own a large apartment complex and have just been notified by our tenants association that the tenants believe something on or in the property is making them sick.
In particular, they claim that several children have been diagnosed with respiratory ailments that are similar and rare, and they think that chemicals used by our pest control company are to blame.
They want us to cover the families’ medical expenses and to have the premises tested and remediated.
Are we responsible for the illnesses? –Tom C.
A: If ever there were a time to say it, it’s now: Get thee to a lawyer!
You’re looking at the beginnings of a “toxic tort” case, which can be hugely expensive and complicated. You don’t want to say or do anything without the advice and assistance of a competent personal injury lawyer who specializes in this type of litigation.
I can, however, give you a little information that might help you prepare for what’s ahead. Cases like these are very difficult to prove and win. That’s because the plaintiffs (the injured tenants) have a very hard time proving that the defendant (you) caused the problem.
Actually, they have to prove two things: First, that a particular substance (like a chemical or pollutant) is capable of causing the plaintiffs’ injuries; and second, that the plaintiffs’ medical problems were actually caused by these substances. As you can see, unless the injured parties can clear the first hurdle (typically based on scientific evidence and testimony), they will never get to the second, and they will lose their case.
Your tenants will doubtless hire an attorney, and then you’re off to the races. The other side will attempt to show that the pest control chemicals cause the type of illnesses your tenants have (the first test), and that the tenants got sick because of these chemicals and not from some other cause.
Unless they can prove that the chemicals are very clearly tied to the illnesses (they need to be “a” cause, not necessarily the sole cause), and the illnesses are almost never contracted except by exposure to these chemicals, they will not prevail.
Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of “Every Landlord’s Legal Guide” and “Every Tenant’s Legal Guide.” She can be reached at janet@inman.com.
Copyright 2009 Janet Portman
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Posted by Kim Ezzell on 11.02.2009. 4 Comments »
Filed under: AAOA Forum
The Pitfalls of Property Exchanges
Financial, business risks stir concerns
by Tom Kelly, Inman News
While many potential homeowners — especially first-time buyers attempting
to beat the Nov. 30 deadline and take advantage of the $8,000 federal tax credit — have re-entered the market and have made compelling offers to purchase Puget Sound homes, investors have been reluctant to capitalize on reverse tax-free exchanges.
Nine years ago, the federal government enhanced 1031 delayed exchanges that allow taxpayers to defer the capital gains tax on an investment property if they purchase a “replacement” investment property of equal or greater value within specific time frames.
The enhancement, Internal Revenue Procedure 2000-37, permits the title to the “replacement” property to be held by an independent third party (typically a facilitator or attorney) until the “old” property sale closes. In other words, you can buy before you sell and still defer the gain.
“I think the reason why reverse exchanges have not been terribly popular of late is that investors still need the cash to buy the property,” said Kelly Yates, an attorney who along with fellow attorney Dennis Helmick operate Exchange Facilitator Corp., which specializes in tax-deferred exchanges.
“Even though something might be an absolute deal and too good to be true, you need money to buy it. It’s difficult finding financing for exchange properties.”
This original concept of a 1031 delayed exchange, or Starker exchange, is named after T.J. Starker, an Oregon man who made a deal with Crown Zellerbach in 1967 to exchange some of his forested property for some suitable “like kind” future property. That agreement ended up in court. Starker’s battle was the basis for congressional approval of delayed exchanges.
“What we have been seeing more since the real estate market slowed down more than 18 months ago is conventional tax-free exchanges with a longer closing date,” Helmick said. “This gives the seller a longer period to execute the entire exchange.”
The clock does not start ticking on a tax-free exchange until the first property closes. Then, the seller has 45 days to identify a replacement “like-kind” property of equal or greater value and 180 days to close that second leg of the exchange.
In real estate, “like kind” can apply to a variety of situations and is quite flexible. A house may be traded for an apartment building, and vacant land traded for an office building, etc.
A house that is the owner’s primary residence cannot be traded for investment property. Nor do stocks, bonds, securities and similar equity investments qualify as “like kind.” Likewise, if you own land and build a structure on it with 1031 exchange funds, the IRS will probably not consider your investment an exchange.
One of the more complex parts of the original regulations explains that within the 45-day period following sale of the investment property, you can identify three or more parcels of property, regardless of value, that you may wish to buy for your new investment.
In other words, you can consider taking the equity from your first rental house and reinvesting it in three or more new pieces of real estate without paying taxes.
However, if the number of parcels on your list exceeds three, and their combined value is greater than 200 percent of the property sold, you are required to buy 95 percent of the total sales price of the replacement properties.
To totally defer capital gains tax, you must pass the IRS’ acid test by:
* Trading even or up in value.
* Trading even or up in equity.
* Not pocketing any cash from the first sale.
* Identifying the new (or old) property (or properties) within 45 days of the sale. (This typically means having a signed purchase and sale agreement.)
* Closing the transaction within 180 days.
“In this environment, investors are thinking twice about reverse exchanges because they don’t want to take on the financial risk and the business risk,” Helmick said. “They are wondering where their money would be better placed and if the property they bought for cash will retain its value or appreciate.
“It’s far more likely to see individuals tying up a property for as long as possible with as little as possible.”
Tom Kelly’s book “Cashing In on a Second Home in Mexico: How to Buy, Rent and Profit from Property South of the Border” was written with Mitch Creekmore, senior vice president of Houston-based Stewart International. The book is available in retail stores, on Amazon.com and on tomkelly.com.
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Posted by Kim Ezzell on 11.02.2009. CLICK to Leave a Comment »
Filed under: AAOA Forum, Financing
Nine Hundred Dollar Lease Mistake
The landlord owned only the one property and he cared for it with great pride. So, he felt motivated to pursue this tenant, and with some diligence, was able to locate him. The landlord then hired a lawyer, paid a retainer and a court filing fee, and asked for a judgment for his losses.
The tenant contested the lawsuit, so the matter had to be scheduled for a short trial.To subscribe to our blog, click here.
Posted by Kim Ezzell on 10.29.2009. CLICK to Leave a Comment »
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