J

Property Management Vocabulary

Property Management Terms

  • Budget Comparison Statements.
  • Cash Flow Report.
  • Corrective Maintenance.
  • Management Agreement.
  • Management Plan.
  • Multi Peril Policies.
  • Operating Budget.
  • Preventative Maintenance.
  • Profit and Loss Statement.
  • Property Manager.
  • Risk Management.
  • Routine Maintenance.
  • Surety Bonds.
  • Tenant Improvement.
  • Workers Compensation.

Property Management Defined

  • Property management involves leasing, managing, marketing, and overall maintenance of real estate owned by others, usually rental property.
  • A real estate license is not required for owners to manage their own properties.
  • Most properties are professionally managed.
  • Mortgage lenders often require investors to hire professional property managers to ensure rent collection and mortgage repayment.

Licensing Requirements

  • In many states, property managers must hold a real estate broker's or property manager's license.
  • Real estate associates can only manage property with the consent of their employing broker and in the broker's name.

Role of the Property Manager

  • The role is complex, requiring the manager to be a market analyst, salesperson, accountant, advertising specialist, and maintenance person.
  • Property managers interact with lawyers, environmental engineers, and account teams.
  • Principal responsibilities:
    • Achieve the objectives of property owners.
    • Generate income for the owners.
    • Preserve and/or increase the value of the investment property.
  • Accomplishing these goals includes physical property maintenance, finding suitable tenants, collecting rents, and hiring/supervising employees.
  • The property manager is responsible for budgeting and controlling expenses, keeping proper accounts, and making periodic reports to the owner.
  • The main goal is to operate and maintain the physical property to preserve and enhance the owner's capital investment.
  • Property managers may work for property management companies and manage properties for multiple owners under management agreements.

Agency Relationship

  • A property manager has a general agency relationship with the property owner.
  • They can be an independent contractor with greater authority and discretion.
  • A property manager or owner may employ building managers to supervise daily operations.
  • General agents (property managers) handle accounting, advertising, maintenance, and rentals, unlike specific agents (real estate agents) who are hired for a specific transaction.

Securing Property Management Business

  • Possible clients: corporate owners, apartment buildings, owners of small rental residential properties, HOAs, investment syndicates, trusts, and owners of office buildings.
  • A good reputation is the property manager's best advertising.
  • Managers should increase property income while meeting legal requirements and enhancing the property's attractiveness to tenants.
  • Property managers should ensure that building owners have realistic income expectations based on market rates.
  • Necessary maintenance, unexpected repairs, and effective marketing all require time and money.
  • Most states have landlord-tenant laws that require the landlord/owner to keep the property repaired and compliant with building codes.
  • The property manager becomes responsible for repairs and building conditions through the agency relationship.

New Opportunities for Property Managers

  • Community Association Management:
    • Increased prevalence of homeowners and condominium associations.
    • Complex planning and development codes.
    • Requires assisting volunteer boards and often requires a real estate or associate management license.
  • Housing for Seniors:
    • Opportunities managing housing for those aged 55 or older, including federally assisted housing programs.
    • Responsibilities include marketing, facility operation, housekeeping, meal service, social event planning, and emergency medical planning.
    • Managers need familiarity with state and federal rules pertaining to eligibility and income verification.
  • Manufactured Homes:
    • Homes built in a factory meeting HUD specifications.
    • May be placed on individually owned land, but often in communities.
    • Tenants may rent the pad (land).
    • Managers must build community spirit, especially in senior-geared communities.
  • Resort Housing:
    • Managing second homes or resort rentals presents challenges.
    • Must care for and maintain often-vacant properties.
    • Must attract and manage short-term tenants.
    • Properties are often in high-risk areas for natural disasters.
    • Managers must prepare for emergencies and work with insurance adjusters.
  • Concierge Services:
    • Training and managing concierge staff for office buildings and other settings.
    • Staff handle tasks from arranging taxi rides to assisting with internet-enabled equipment for conferences.
  • Asset Management:
    • Asset managers monitor a portfolio of properties.
    • They analyze property performance and make recommendations to owners.
    • Managers help clients decide what type of real estate to invest in (commercial, residential, industrial, agricultural).
    • They provide advice on which property to purchase, the best financial sources, and when to dispose of it.
  • Corporate Property Manager:
    • Allows a corporation to invest in real estate and increase capital even without property management knowledge.
    • Typically an employee of the corporation, not an independent contractor.
  • Here is an example of a Leasing Agent.
    • Usually an independent contractor working on commission.
    • Skilled in securing a lessee.
    • Brokerage companies with property management divisions may ask leasing agents to list properties for rent.
    • The process involves listing the property, showing it, and processing applications.
    • The property manager and owner select the tenant.
    • The leasing agent receives a commission.

Professional Organizations

  • Property managers have professional organizations for education, license renewal, and continuing education.

Management Agreements

  • The first step in taking over property management is entering into a management agreement.
  • It's a contract that creates a general agency relationship between the owner and the property manager.
  • Defines duties and responsibilities of each party.
  • Serves as a guide for operating the property and a reference in case of disputes.
  • Property manager is typically considered a general agent.
  • As an agent, the property manager has fiduciary responsibilities:
    • Care, Obedience, Accounting, Loyalty, Confidentiality, Disclosure (COLD AC)
  • Property managers are empowered to make more decisions than a real estate professional representing a buyer.
  • The manager's priority is to realize the highest return on the property, consistent with the owner's instructions and the law.
  • The management agreement should be in writing and include:
    • Description of the property.
    • Time period it covers (start and end date).
    • Definition of the property manager's responsibilities.
    • Statement of the owner's purpose and responsibilities.
    • Extent of the manager's authority.
    • Reporting frequency.
    • Compensation to be paid.
    • Allocation of funds for repairs and maintenance.
    • Liability coverage (insurance).
    • Antitrust provisions (no illegal business activities).
    • Equal opportunity statement and fair housing protection.

Property Manager's Responsibilities begin with a Management Plan

  • The management plan outlines the owner's objectives, the property manager's expectations, accomplishments, and financial objectives.
  • In preparing the plan, the property manager analyzes:
    • The owner's objectives.
    • The regional and neighborhood market.
    • The property itself.
  • Occupancy, absorption rates, and new starts are critical.
  • The plan includes a budgetary section on sources of revenue and anticipated expenses.
  • The management plan is for the present and is forward-looking in determining the feasibility of the property owner's long-term goals.

Financial Reports Required by Property Managers

  • Operating Budget:
    • Developed before renting the property.
    • It's a projection of income and expenses over a one-year period.
    • Based on anticipated revenues and expenses.
    • Provides the owner with the amount of expected profit.
    • Used as a guide for the property's financial performance.
    • After managing the property for some time, the operating budget can be developed based on the profit and loss statement.
  • Cash Flow Report:
    • Monthly statement detailing the financial status of the property.
    • Sources of income and expenses are noted.
    • Includes the net operating income and the net cash flow.
    • It provides a current financial status snapshot.
      Income:
    • Rentals collected, late rental payments, utility, and vending machine proceeds.
    • Losses from uncollected rental payments or evictions are deducted from total gross income to arrive at the net operating income.
    • Expenses are divided as fixed and variable.

Cash Flow is derived using the following equations:

\text{Total Income} = \text{Rental Income} + \text{Other Income} - \text{Losses}

\text{Net Operating Income} = \text{Total Income} - \text{Operating Expenses}

\text{Cash Flow} = \text{Net Operating Income} - (\text{Mortgage Payment} + \text{Reserves})

  • Profit and Loss Statement:
    • A financial picture of income and expenses.
    • Used to determine if the business made money or suffered losses.
    • Can be paid monthly, quarterly, every six months, or annually.
    • Created from the monthly cash flow reports.
    • It does not itemize information.

\text{Net Profit} = \text{Money Received} - (\text{Operating Expenses} + \text{Mortgage Interest})

  • Budget Comparison Statement:
    • Compares the projected budget versus actual revenue and expenses.
    • Helps determine if the budget was under, over, or on point.

Renting the Property

  • Setting rental rates based on market analysis.
  • Conducting a CMA to determine market rents.

Marketing

  • Attracting the most reliable tenants to ensure income generation.
  • Marketing strategy must consider the property, supply and demand, and the advertising budget.
  • All advertising must comply with nondiscrimination laws and fair housing protection classes.

Public Relations

  • Maintaining good public relations through community involvement and charitable giving.
  • Writing and issuing public service announcements to attract media attention and new tenants.
  • Cost-benefit analysis to assess the effectiveness of advertising methods.

Selecting Tenants

  • Comply with federal, state, and local fair housing laws in selecting tenants.
  • Commercial property managers must be aware of anti-discrimination and equal opportunity laws.
  • Ensure premises are suitable for tenants in terms of size, location, and amenities.
  • The tenant's business should be compatible with the building and other tenants.
  • Managers should ask commercial tenants about potential expansion.

Security Deposits

  • Most states have strict requirements for handling security deposits.
  • Funds should be placed in a trust or escrow account and not commingled with other funds.

Collecting Rents

  • Accept tenants who can financially meet obligations.
  • Investigate financial references, check credit bureaus, and interview former landlords.

Commercial Rent Calculation Example

  • Commercial rents are normally charged on a cost per square foot per year basis.
  • Example:
    • Office space is 30 feet by 50 feet.
    • Area = 30 \times 50 = 1500 \text{ square feet}
    • Monthly rent is 2,500.
    • Yearly rent = 2500 \times 12 = $30,000
    • Cost per square foot per year = \frac{$30,000}{1500} = $20
    • Cost per square foot per month = \frac{$20}{12} = $1.67

Tenant Relations

  • Maintaining tenant happiness to reduce turnover.
  • Establishing good communication systems with tenants.
  • Using an internet site to highlight property features, post updates, and provide news.
  • Attending to maintenance and service requests promptly.
  • Enforcing building rules consistently and fairly.
  • Addressing residents who don't pay rent on time.
  • Maintaining good record keeping.

Maintaining the Property

  • The primary maintenance objective is to protect the physical integrity of the property over the long term.
  • Keeping a property in good condition involves:
    • Preventative maintenance: Regularly scheduled activities such as painting and seasonal servicing to preserve long-term value and integrity.
    • Repair and corrective maintenance: Actual repairs that keep the building's equipment, utilities, and amenities functioning (e.g., fixing a leaky faucet).
    • Routine maintenance: Day-to-day duties such as minor carpentry, plumbing repairs, and upkeep of heating, air conditioning, and landscaping.

Environmental Concerns

  • Providing recycling facilities.
  • Air quality issues are key concerns in property management and design.

Building-Related Illness and Sick Building Syndrome

  • Building-related illness: Clinically diagnosed condition attributed to airborne building contaminants. Symptoms include asthma, hypersensitivity, and allergies.
  • Sick building syndrome: More typical in office buildings, with symptoms including fatigue, nausea, dizziness, headache, and sensitivity to odors.
  • Increasing ventilation or replacing interior features can solve air quality problems.

Federal Laws that Prohibit Discrimination

  • Fair Housing Act.
  • Americans with Disabilities Act (ADA).
  • Equal Credit Opportunity Act.

Americans with Disabilities Act (ADA)

  • Title I: Employers with 15 or more employees must adopt non-discriminatory employment procedures and make reasonable accommodations.
  • Title III: Prohibits discrimination in commercial buildings and public accommodations.
  • Ensure people with disabilities have full and equal access.
  • Reasonably achievable accommodations should be made.
  • Existing barriers must be removed when easily accomplished with little difficulty at a reasonable cost.

Risk Management

  • Involves answering the question of what happens if something goes wrong.
  • Evaluate perils and risks to the property.
  • A property manager must decide whether to:
    • Avoid the risk by removing it (e.g., a swimming pool).
    • Control the risk by preparing for emergencies (e.g., installing sprinklers).
    • Transfer the risk by shifting it to an insurance policy.
    • Retain the risk by deciding the chances of an event are too small to justify the expense.
  • Risks cannot be ignored and must be addressed.

Types of Insurance

  • Tenants need H04 insurance for personal property.
  • Property managers insure the building itself.