Ask A Pro Definitive answers to your property management questions

Q: What HOA board member casts the deciding vote in the event of a tie?

“If an individual serving on a five-member California HOA board must recuse himself from voting on a review of a proposed physical change to the separate interest of said board member, who would cast the deciding vote in the event of a tie?”  – Paul from Rancho Mirage, CA The…

Q: What recourse do landlords have for property manager conflicts of interest?

My property manager sold my tenant a new home. They wanted to break the lease three months early. The property manager re-rented the house for another 12 months without contacting me. He contacted me after he sold them a home and re-rented my home. The new tenant has pets. I…

Q: Are property managers liable when they fail to fulfill client requests?

We had our property manager listed as the real estate agent when we decided to sell. It turns out the property was in terrible shape from the last renters. He kept this information from us. Can we hold him liable for not making the house ready for viewing when he…

Q: Who is liable for a roof leak that caused mold – the property owner or manager?

I reported a roof leak in August 2014 to the resident manager. I requested a moisture and mold test be done after the roof was replaced and the interior could be repaired. Only last month did they authorize a test, and we waited over two weeks for a result. We…

Q: Can HOAs fire a contractor under contract?

“We have a lawn maintenance and snow removal contract signed by a previous board for five years. There is no performance clause and no escape clause. The performance has really gotten bad. Several meetings with the contractor has ended in failure as his answer is, ‘I have a contract. Live…

Q: What are the document retention requirements for property management companies?

What is the document retention requirement of a property management company for power of attorney and financial lease documents? – Patrick from Jacksonville Beach, FL For real estate professionals, the general rule of thumb is that you should retain copies of all expired leases for at least seven years. This…

Q: Do property managers pay bills out of pocket?

“Do property managers pay bills out of pocket and then get refunded by keeping additional rents when sending money to the landlord? Or do they have access to landlords’ bank accounts and pay vendors directly from there? How does the billing between manager and landlord normally work?”  – Hank from…

Q: Can property managers authorize emergency repairs without notifying the owner?

“Without any advanced notification to the rental property owner, can a property management company authorize repairs reported over a weekend by the tenant as an ’emergency’ and charge the owners for those repairs?”  – Denise from Maryville, TN That’s a great question that can usually be answered by a close…

Q: Can HOA dues be raised by the association manager without board approval?

“Our association management firm raised our HOA dues without the approval of the board. The annual financials were also not reviewed and/or approved by the board. The dues have since been rescinded because of my complaints to the HOA president. Also, the HOA president is approving invoices for services rendered…

Q: Can you manage a relative’s property without a license?

“My brother lives out of state but has a home in Alabama that is currently being rented. He has asked me to manage the property in his absence. I am not a licensed [property manager]. Can I legally manage his rental home?”  – Dee from Gadsden, AL The best simple…

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