Congratulations to the Apartment Association of North Carolina, the Triangle Apartment Association, and all who supported the Residential Buildings Inspections Bill. On June 23, 2011, the Residential Inspections Bill, H 683 became law in North Carolina.
This bill was developed by the AANC in response to Raleigh's Probationary Rental Occupancy Ordinance, and other similar programs, that impose significant fees on landlords with little benefit to either the the landlords or tenants of North Carolina.
Key provisions of the law provide:
• A prohibition mandatory inspections/pre-occupancy inspections. The City of Durham made no attempt to hide the fact that they wanted a City-wide inspection program, and this law stops such proposals in their tracks.
• For many owner/operators, fees will drop by thousands of dollars per-property: only $50 for properties that have 20 or more rental units; $25.00 for properties that have 4 to 19 units; and $15 for properties with three or less units.
• Better yet, only cities with EXISTING registration programs can charge fees. At present, only the Town of Garner and City of Raleigh have such ordinances in place. Effective June 1, no other locality may create one -- another huge achievement!
Norm Praet, Esq.
North Carolina Landlord Tenant Lawyer
Showing posts with label TAA. Show all posts
Showing posts with label TAA. Show all posts
Wednesday, June 22, 2011
Friday, June 3, 2011
The Anti-Prop Bill Needs Your Help Now More Than Ever!
Today from the Triangle Apartment Association:
Dear Industry Leaders,
As some of you are aware, SB 683 was pulled from the committee meeting yesterday. Sen Hunt is looking to amend language to potentially compromise with the bill’s opposition. To what extend, we are unsure at this time however the article below states that Sen Hunt may change language to include the allowance of “reduced fees”. TAA strongly believes there is no benefit or service that is attached to the fee nor has there been any justification as to where the fees are going- the bottom line TAA believes any fee imposed is an additional tax burden placed on renters!
PLEASE contact Senator Hunt 919.733.5850 or neal.hunt@ncleg.net & THANK him for his leadership on the bill & ask him to stay the course.
TAA is working on several things; rebuttal to the article below, letters to the editor, mobilizing members to contact Sen Hunt and TAA has contacted Sen Hunt’s office to get a quick meeting to share the last two years of Raleigh Rental Registration/enforcement data.
We need your HELP!! Please contact Senator Hunt & thank him for his leadership in sponsoring the bill and ask him to stay the course!! Please feel free to share with your groups and anyone that is impacted by this legislation!!
Thanks in advance for your immediate attention to this EXTREMELY important legislative initiative!
Dear Industry Leaders,
As some of you are aware, SB 683 was pulled from the committee meeting yesterday. Sen Hunt is looking to amend language to potentially compromise with the bill’s opposition. To what extend, we are unsure at this time however the article below states that Sen Hunt may change language to include the allowance of “reduced fees”. TAA strongly believes there is no benefit or service that is attached to the fee nor has there been any justification as to where the fees are going- the bottom line TAA believes any fee imposed is an additional tax burden placed on renters!
PLEASE contact Senator Hunt 919.733.5850 or neal.hunt@ncleg.net & THANK him for his leadership on the bill & ask him to stay the course.
TAA is working on several things; rebuttal to the article below, letters to the editor, mobilizing members to contact Sen Hunt and TAA has contacted Sen Hunt’s office to get a quick meeting to share the last two years of Raleigh Rental Registration/enforcement data.
We need your HELP!! Please contact Senator Hunt & thank him for his leadership in sponsoring the bill and ask him to stay the course!! Please feel free to share with your groups and anyone that is impacted by this legislation!!
Thanks in advance for your immediate attention to this EXTREMELY important legislative initiative!
Monday, May 9, 2011
LANDLORD TENANT LAW CHANGES DESIGNED TO LEVEL THE PLAYING FIELD
House Bill 493 is advancing! To most readers that probably sounds about as interesting as "Blah Blah Blah, Blah Blah." If you are a landlord or property manager in North Carolina you will want to become more informed about H493 and possibly make a telephone call or two supporting it.
Why You Should Care.
As many of you are aware there is not exactly a level playing field when you get to court with under North Carolina landlord tenant laws as they are generally applied. The laws have been drifting towards the tenants for some time now. It was determined that the current political make-up of the state legislature made it a good time to try and change that. So far I have written about the Anti-Prop bill here. There are several other bills in addition to the Anti-Prop that have been introduced with the assistance of the Apartment Association of North Carolina and local affiliates such as the Triangle Apartment Association, to make life just a little easier for the North Carolina landlords.
Back to the topic at hand: H493-Landlord Tenant Changes:
This bill addresses several sections of the North Carolina Landlord Tenant Law, N.C. Gen. Stat. 42.
What Does H493 Change?
The changes proposed in H493 include:
d. Requiring tenant to pay into court amounts to cover landlord’s “reasonable damages” and costs upon appeal of summary ejectment action;
e. Allowing clerk to issue writ of possession if tenant is five days late on undertaking for appeal;
f. Reducing time for tenant to collect property after eviction from ten to five days;
g. Landlord’s acceptance of partial rent payment is no longer a defense to eviction action for holdover; and
h. Providing for a “cleaning fee” in vacation rentals.
The following proposed changes were removed by the committee:
a. Expediting securing of rental premises after death of sole tenant;
b. Allowing landlord to give dead tenant’s property to next of kin;
c. Providing for service of summons by “authorized process server,” and not just “sheriff;”
Where is H493 now?
H493 is currently scheduled for discussion and a vote by the entire House on May 16, 2011.
What Can I Do?
You can show your support by contacting your local house representative and letting them know that you are in favor of the bill and that you would like them to support it too.
Why You Should Care.
As many of you are aware there is not exactly a level playing field when you get to court with under North Carolina landlord tenant laws as they are generally applied. The laws have been drifting towards the tenants for some time now. It was determined that the current political make-up of the state legislature made it a good time to try and change that. So far I have written about the Anti-Prop bill here. There are several other bills in addition to the Anti-Prop that have been introduced with the assistance of the Apartment Association of North Carolina and local affiliates such as the Triangle Apartment Association, to make life just a little easier for the North Carolina landlords.
Back to the topic at hand: H493-Landlord Tenant Changes:
This bill addresses several sections of the North Carolina Landlord Tenant Law, N.C. Gen. Stat. 42.
What Does H493 Change?
The changes proposed in H493 include:
d. Requiring tenant to pay into court amounts to cover landlord’s “reasonable damages” and costs upon appeal of summary ejectment action;
e. Allowing clerk to issue writ of possession if tenant is five days late on undertaking for appeal;
f. Reducing time for tenant to collect property after eviction from ten to five days;
g. Landlord’s acceptance of partial rent payment is no longer a defense to eviction action for holdover; and
h. Providing for a “cleaning fee” in vacation rentals.
The following proposed changes were removed by the committee:
a. Expediting securing of rental premises after death of sole tenant;
b. Allowing landlord to give dead tenant’s property to next of kin;
c. Providing for service of summons by “authorized process server,” and not just “sheriff;”
Where is H493 now?
H493 is currently scheduled for discussion and a vote by the entire House on May 16, 2011.
What Can I Do?
You can show your support by contacting your local house representative and letting them know that you are in favor of the bill and that you would like them to support it too.
Tuesday, December 28, 2010
Two Important New Year's Resolution
It is an introspective time of year when many of us review how we have done over the past year and evaluate what we can do to improve in the New Year. Many of us will make resolutions that are quickly abandoned, which is okay if you are one of those people that makes my gym extra crowed during the first few weeks of January. However, some resolutions are worth sticking to.
In no particular order I have two resolutions that I request that all landlords and property management professionals to consider. They are fairly interrelated, so if it makes you feel better you can consider them one resolution.
Resolution No. 1: I will take an active role in forming the laws that regulate the rental industry.
This is not nearly as hard as it sounds, and, like many things, pretty easy once you get started. It is important to be involved at the local(municipal) level, state and federal level. At each level laws and regulations are promulgated that will effect the ease with which you conduct your business and the costs and fees involved. In North Carolina we also have the ability to influence who our judges are too, which may influence how the laws and rules are applied.
Their are two ways to influence legislation. One is time and the other is money. Money is the simplest part. It is worthwhile to contribute to organizations, people and parties that align with your interest and what you are trying to do. Time is a little more difficult to define and can include: working on campaigns; contact your legislator by telephone or in writing about a particular issue or piece of legislation; taking part in public comment periods on legislation or rulemaking; and educating like minded people around you.
But, how do you find out about what is happening? Well, you can start by paying attention. Not just listening to the 6:00 o'clock news, but actually doing your own research. You can set up some RSS feeds on areas you are interested in, if you are technically inclined. You can also take advantage of the various real estate investment and landlording organizations and the many educational opportunities that they offer. This brings me to:
Resolution No. 2: I will increase my knowledge of the laws and rules affecting the landlord-tenant industry.
There are many ways to do this. Unfortunately, I don't think you will be able to go to Barnes and Noble and get a book or magazine that will educate you all that well. So you will have to take a more proactive approach. There are a few vendors such as Lorman and the National Business Institute(NBI) that will from time to time offer relevant seminars.
However, there are several local organizations that offer monthly opportunities for you to increase this knowledge, both through formal presentations and informal discussions with other people who have experience in landlording and real estate investment. I would highly recommend joining the Triangle Real Estate Investors Association (TREIA), the Wake County Apartment Association (I don't think you actually have to own your properties in Wake County), and the Triangle Apartment Association (TAA). Both TREIA and TAA are local affiliates of national organizations and have chapter throughout the state and throughout the country. Both the TAA and TREIA have committees that attempt to engage the legislators and influence the laws that affect your bottoms line. Also, these groups often have sub-groups that will further focus on your areas of interest. I hear you can often even get free legal advice at the meetings. Additionally, the level of sophistication of the members of all of these groups varies from newbies to the more experienced,and you should never feel intimidated about attending.
Happy New Year and Happy Landlording!
Norm Praet, Esq.
In no particular order I have two resolutions that I request that all landlords and property management professionals to consider. They are fairly interrelated, so if it makes you feel better you can consider them one resolution.
Resolution No. 1: I will take an active role in forming the laws that regulate the rental industry.
This is not nearly as hard as it sounds, and, like many things, pretty easy once you get started. It is important to be involved at the local(municipal) level, state and federal level. At each level laws and regulations are promulgated that will effect the ease with which you conduct your business and the costs and fees involved. In North Carolina we also have the ability to influence who our judges are too, which may influence how the laws and rules are applied.
Their are two ways to influence legislation. One is time and the other is money. Money is the simplest part. It is worthwhile to contribute to organizations, people and parties that align with your interest and what you are trying to do. Time is a little more difficult to define and can include: working on campaigns; contact your legislator by telephone or in writing about a particular issue or piece of legislation; taking part in public comment periods on legislation or rulemaking; and educating like minded people around you.
But, how do you find out about what is happening? Well, you can start by paying attention. Not just listening to the 6:00 o'clock news, but actually doing your own research. You can set up some RSS feeds on areas you are interested in, if you are technically inclined. You can also take advantage of the various real estate investment and landlording organizations and the many educational opportunities that they offer. This brings me to:
Resolution No. 2: I will increase my knowledge of the laws and rules affecting the landlord-tenant industry.
There are many ways to do this. Unfortunately, I don't think you will be able to go to Barnes and Noble and get a book or magazine that will educate you all that well. So you will have to take a more proactive approach. There are a few vendors such as Lorman and the National Business Institute(NBI) that will from time to time offer relevant seminars.
However, there are several local organizations that offer monthly opportunities for you to increase this knowledge, both through formal presentations and informal discussions with other people who have experience in landlording and real estate investment. I would highly recommend joining the Triangle Real Estate Investors Association (TREIA), the Wake County Apartment Association (I don't think you actually have to own your properties in Wake County), and the Triangle Apartment Association (TAA). Both TREIA and TAA are local affiliates of national organizations and have chapter throughout the state and throughout the country. Both the TAA and TREIA have committees that attempt to engage the legislators and influence the laws that affect your bottoms line. Also, these groups often have sub-groups that will further focus on your areas of interest. I hear you can often even get free legal advice at the meetings. Additionally, the level of sophistication of the members of all of these groups varies from newbies to the more experienced,and you should never feel intimidated about attending.
Happy New Year and Happy Landlording!
Norm Praet, Esq.
Monday, August 16, 2010
What Every Property Management Professional Should Know!
For the inaugural post to this first property management blog on North Carolina law I drew from my decade of experience in property management and landlord/tenant law to find the most important piece of information I could impart.
By far the most important thing I can tell you is to learn everything possible about this business, and there is a lot to learn. The more knowledge you have, the less costly mistakes you will make, and the more likely you will have a good (profitable) experience.
How do you do this though?
First, it is necessary to surround yourself with knowledgeable people. You will ideally want your professional support (accountants, attorneys, realtors, and contractors) to have property management experience. If you pay attention you will learn a lot from these people. If they are doing something you don't understand ask them, it may save you some money the next time.
Next (or possibly first if you are not already a property owner) you should join a real estate organization that focuses, at least in part, on property management issues. There is a lot you can get out of these organizations, and for the price they are a great value.
Now that you have joined a property management organization, you will be surrounded by people dealing with the same problems you are, and hopefully a few that have already dealt with those problems. Also, many landlord organizations have frequent educational opportunities and offer monthly publications on both fundamental and cutting edge issues. Some of these organizations in central North Carolina are the Triangle Apartment Owner's Association (a division of the National Apartment Association), the Wake County Apartment Association, and the Triangle Real Estate Investors Association (a division of the National Real Estate Investors Association). Usually these groups have monthly meetings most of the year, and often they will have sub-groups depending on your property types or goals. In addition to the educational opportunities there will also frequently be investing opportunities and vendor discounts will be worth the price of your membership.
These groups may be contacted as follows: Triangle Apartment Association- http://www.triangleaptassn.org/; Triangle Real Estate Investors Association- http://treia.com/; and Wake County Apartment Association- http://www.thewcaa.com.
In future posts we will deal with the entire range of issues and developments affecting property management in North Carolina, from the most basic issues to the most advanced. I hope to hear from you regarding questions you may have or things that have happened to you that you think other readers will benefit from.
By far the most important thing I can tell you is to learn everything possible about this business, and there is a lot to learn. The more knowledge you have, the less costly mistakes you will make, and the more likely you will have a good (profitable) experience.
How do you do this though?
First, it is necessary to surround yourself with knowledgeable people. You will ideally want your professional support (accountants, attorneys, realtors, and contractors) to have property management experience. If you pay attention you will learn a lot from these people. If they are doing something you don't understand ask them, it may save you some money the next time.
Next (or possibly first if you are not already a property owner) you should join a real estate organization that focuses, at least in part, on property management issues. There is a lot you can get out of these organizations, and for the price they are a great value.
Now that you have joined a property management organization, you will be surrounded by people dealing with the same problems you are, and hopefully a few that have already dealt with those problems. Also, many landlord organizations have frequent educational opportunities and offer monthly publications on both fundamental and cutting edge issues. Some of these organizations in central North Carolina are the Triangle Apartment Owner's Association (a division of the National Apartment Association), the Wake County Apartment Association, and the Triangle Real Estate Investors Association (a division of the National Real Estate Investors Association). Usually these groups have monthly meetings most of the year, and often they will have sub-groups depending on your property types or goals. In addition to the educational opportunities there will also frequently be investing opportunities and vendor discounts will be worth the price of your membership.
These groups may be contacted as follows: Triangle Apartment Association- http://www.triangleaptassn.org/; Triangle Real Estate Investors Association- http://treia.com/; and Wake County Apartment Association- http://www.thewcaa.com.
In future posts we will deal with the entire range of issues and developments affecting property management in North Carolina, from the most basic issues to the most advanced. I hope to hear from you regarding questions you may have or things that have happened to you that you think other readers will benefit from.
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