| Page 2 of 2 < |
Another Nightmare for Landlords: Lousy Property Managers
|
TOOLBOX
   Resize
COMMENT
 Discussion Policy
 CLOSE
Comments that include profanity or personal attacks or other inappropriate comments or material will be removed from the site. Additionally, entries that are unsigned or contain "signatures" by someone other than the actual author will be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or privacy policies or any other policies governing this site. Please review the full rules governing commentaries and discussions. You are fully responsible for the content that you post.
Who's Blogging  |
However, this property management company appears to have failed to conduct background or reference checks on the contractor.
The arrest warrant may not have been reasonably discovered by the property manager, but in most jurisdictions, it's easy enough to find out whether someone has a contractor's license.
References should always be verified the first time a property manager uses a contractor.
Q: Isn't it illegal for a condominium association's covenants, conditions and restrictions to prevent a condominium owner from renting to Section 8 tenants?
James McKinley, a lawyer for landlords, replies:
A: Section 8 housing is a federally subsidized program that pays a portion of the qualified tenant's rent. I am not aware of any jurisdiction where a landlord would be engaging in illegal discrimination for turning down a Section 8 resident if the landlord is not participating in the program. However, a condominium association does not have the right to prohibit a property owner from participating in the Section 8 program.
Steven Kellman, a lawyer for tenants, replies:
A: Condominium associations function like mini-governments. Many times, what they do is in conflict with local law. They also seem to get away with many things that they should not.
They accomplish this because they are a private governing body empowered by the homeowners who sign on to the governing rules, such as those covenants, conditions and restrictions, when they buy the unit.
Those rules may include what color you may paint your door and whether you can put a banner of your favorite football team in the window. (Before buying a condominium or a home in any project governed by an association, read all the rules carefully.)
There may also be rules about using the units as rentals or restricting them to owner-occupants.
If the units may be used as rentals, limiting the tenants to unsubsidized ones may run afoul of federal laws that govern some subsidies, such as Section 8. I believe that an association that doesn't allow Section 8 tenants but allows market-rate tenants raises a red flag that the rule is illegal.
This column on issues confronting tenants and landlords is written by property manager Robert Griswold and San Diego lawyers Steven R. Kellman, director of the Tenants Legal Center, and James McKinley, member of the Moffitt & Associates law firm, which represents landlords. E-mail your questions to Griswold at rgriswold.inman@retodayradio.com. Questions should be brief and cannot be answered individually.
Copyright 2007 Inman News Features
Distributed by Inman News Features
