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Property Managers: Protect Yourself!

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Over the past 30 years we’ve worked with HOAs and Property Managers to complete more than 17,000 Reserve Studies nation wide. In doing so we’ve learned a thing or two about this unique 3-way relationship.

A Reserve Study is a financial planning tool to help communities identify and prepare for future expenditures. A properly funded reserve, according to a recent Reserve Study, is the best way to protect property values and minimize special assessments.  You can think of it as one part Physical Analysis and one part Financial Analysis.

Read More: What’s a Reserve Study

Tip 1: Assess the Board

The first thing you should do is assess the board you’re working with. You need to understand early on whether you’re dealing a proactive or reactive Board. We know that a properly funded reserve protects property values and reduces the likelihood of special assessments, but ultimately the decision to fund is not up to you. You can only recommend that they follow the professional advice of the Reserve Analyst.

Read More: The Reality of Underfunded Reserves

California Law mandates a Physical Inspection each year and an Assessment and Reserve Funding Disclosure (ARFD) every 3 years. While the law does not require Boards to fund their reserves, it does require that the information is documented and disclosed either way.

Read More: Reserve Studies and California Law

Tip 2: Use Meeting Minutes

So what happens if the Board doesn’t follow professional recommendations?

As a Property Manager, the best way to protect yourself against unjust blame down the road is to denote such decisions in the meeting minutes.

New Board Members come and go and the first thing they want to figure out is what decisions were made before they came on and why. If they find a Reserve in bad shape the first person they tend to blame is the Property Manager. Make sure you can point to meeting minutes that show the conscious decision to not follow professional recommendations. This is the best way to protect yourself.

Watch as our Chairman, Damian Esparza discusses this issue at a recent conference for Property Managers.

 

At Barrera and Company, we complete thousands of Reserve Studies each year which have helped our clients comply with the law and prepare for upcoming expenditures. 

Interested in getting a Reserve Study for your community? Click here to get a proposal!

Reserve Studies and California Law

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In its simplest form you can think of a Reserve Study as two basic parts: Physical Analysis and Financial Analysis. An updated Reserve Study allows communities to anticipate and prepare for major repair and replacement costs.

Read more: What is a Reserve Study?

A properly funded Reserve according to an up-to-date study will allow your community to thrive both aesthetically and functionally. As a result, you can expect sustained and in some cases, increased property values. Due to the sub-par condition of the real estate market, we’re even seeing lenders review Reserve Disclosures, particularly Percent Funded (See Reserve Glossary),  when considering whether or not to fund new home buyers.

Read more: Reserve Studies: Like a FICO Score for HOAs

Get a Reserve Study Quote for your community

However, Reserve Studies are more than “good business”. In California, it’s the law.

There are 4 basic things to remember when it comes to Reserve Studies and California Law:

1. Every 3 years you must complete a Physical Inspection.

2. Every year you must complete an Assessment and Reserve Funding Disclosure (ARFD).

3. Every year, in order to complete the Reserve disclosure, you must you must do a Level 3 Update (Financial Update).

If you comply with these 3 basic requirements your community has fulfilled its fiduciary responsibility and is therefore protected under the Business Judgement Rule.

We get this question all the time from our clients: “does the law require us to fund our reserves?”

4. California State law does not require you to fund your reserves. It does however, require you to disclose that information either way (See number 2 above).

Communities who fail to prepare updated Reserve Studies and underfund Reserves are often forced to defer common area maintenance and repairs. This is a mistake that inevitably leads to falling property values, costly Special Assessments and financial implications for new home buyers considering your community.

Read More: The Reality of Underfunded Reserves

At Barrera and Company, we complete thousands of Reserve Studies each year which have helped our clients comply with the law and prepare for upcoming expenditures. 

Interested in getting a Reserve Study for your community? Click here to get a proposal!

Reserve Studies: Like a FICO Score For HOAs

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A Reserve Study is one part physical analysis and one part financial analysis. For the last 30 years we’ve helped thousands of clients across the country anticipate and prepare for their community’s major repair and replacement costs. Armed with this knowledge they can make accurate disclosures to homeowners and set their monthly dues accordingly. However, there are other things to consider.

The Devil is in the details

As we all know, the real estate market has taken some major hits in the last few years. As a result, it’s become generally more difficult for home buyers to get the funding they need to purchase a home. Today’s lenders and much more careful to hand out cash. Simply put, the details matter more than ever before.

In our industry we are seeing a common trend: Lenders are starting to use reserve disclosures, particularly Percent Funded, to assess the financial strength of the community you’re buying into. This obviously has a lot of implications – for current home owners, home buyers and ultimately the community or association as a whole.

Watch as our Chairman of the Board, Damian Esparza discusses this issue at recent conference for HOA board members.

At Barrera and Company, we complete thousands of Reserve Studies each year which have helped our clients comply with the law and prepare for upcoming expenditures. 

Interested in getting a Reserve Study for your community? Click here to get a proposal!

HOAs – Don’t Let This Happen to You

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At Barrera and Company, we’ve helped thousands of clients anticipate and prepare for their community’s major repair and replacement costs by providing them with affordable and accurate Reserve Studies to meet their needs. In doing so, we’ve saved them tons of time, energy and money.

However, this economy has some HOAs struggling to make ends meet. As a result it’s way to easy to adopt the “out of sight, out of mind” mentality. Skipping your next scheduled Reserve Analysis is bad but underfunding your Reserve and ignoring upcoming repair and maintenance costs is even worse.

“If you fail to plan, you plan to fail.”

We’ve seen this time and time again. You may think you’re saving money but you are setting your community up for failure in the long run. Failing to plan ahead does not make the issues go away. In fact, they’re getting bigger and more expensive by the minute.

Short-sided community management will inevitably culminate in the form of Special Assessments, or worse, devalued real estate.

After looking closely at roughly 1000 past clients, we made a startling discovery.

Watch as our Chairman of the Board, Damian Esparza reveals our findings at recent conference for HOA board members.

HOAs, don’t let this happen to you!

At Barrera and Company, we complete thousands of Reserve Studies each year which have helped our clients comply with the law and prepare for upcoming expenditures. But don’t take our word for it, check out some of our projects and recent reviews.

Interested in getting a Reserve Study for your community? Click here to get a proposal!

Recent Growth at Barrera and Company

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Barrera ConstructionAfter more than 30 years of conducting property evaluations for reserve studies we are excited to announce that we will now be offering a host of project management services to home owner’s associations (HOAs) and property management companies. Under the direction of newly appointed Principal, Peter McNabb, we will leverage our vast knowledge of reserve and building components to oversee construction, reconstruction and building modernization projects.

Prior to joining Barrera & Company, Peter served as President and CEO of Peterson Brothers Construction (PBC). While at PBC he helped transition the company from a local concrete contractor to a $100 million group of companies serving commercial and residential construction throughout the Southwest.

“Time after time, we’ve seen project owners come across the same problems”, said Damian Esparza, Chairman of the Board at Barrera & Company. “Blown budgets, late project completions, poor material quality and unmet specifications have cost them a significant amount of unanticipated time and money.”

We will ensure efficiency and accuracy in the construction and reconstruction process from start to finish. Some of the core offerings include: serving as a the owner’s representative, value engineering, specification writing and management, overseeing a comprehensive bid process, contract administration, contractor qualification and selection and scope development. We will act as an extension of the project owner and maintain an open and transparent process throughout.

Boost Reserve Funds With Cell Phone Antennas

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Savvy Home Owner’s Associations (HOAs) should always be looking to augment their reserve funds without raising fees in the community. There are several ways to do this if you think creatively. Some common strategies include the addition of coin-operated washer and dryers or renting out common area rooms or space for community functions. One thing you might not have considered is a cell phone antenna.

Are we thinking out of the box here? Absolutely. But, in uncertain economic times this can be a viable alternative to raising fees, special assessments or worse an underfunded reserve.

Read More: What is a Reserve Study?

As wireless companies race to expand their coverage to keep up with competitors and growing data usage, HOAs stand to capitalize. Physical requirements such as elevation and space are surprisingly minimal and the antennas are typically small and painted to match the building, making them virtually unnoticeable. By leasing common area space such as a rooftop, for cell phone antennas, you can enjoy guaranteed monthly revenue at an annual rate typically between $15,000 and $30,000, depending on the feasibility of your location and number of antennas.

Before you go and spend that extra cash, there are some things to consider. This is historically a tough initiative to pass through the community and has been known to create quite the controversy. The two most popular objections are compromising the aesthetics of the building or community and health concerns.

For decades scientist and concerned citizens have debated the implications of being exposed to radio frequency radiation. Some argue that the radiation alters your brain activity and even causes cancer. However, to the best of our knowledge, no study to date has been conclusive in proving this claim. By human nature, people will generally treat an unknown as risk and therefor it will be tough to garner approval for this project.

This is an initiative best presented at the annual meeting of homeowners. The Trustees can get a majority opinion and address concerns as they arise; and they will. If possible have a cell phone company representative on hand so that you can defer to them when scientific and mechanical questions are asked. The association should also have an attorney on hand to weigh in on the negotiations and the ultimate lease agreement between your association and the cell phone provider.

While it is worthwhile for HOAs to consider leasing space to cell phone providers, it’s clearly not an open and shut case. It will inevitably end in controversy but if your association decides that it’s an avenue worth pursuing, you will enjoy additional revenue for operating or reserve funds. And if that’s not enough, everyone will enjoy better cell reception!

 


 

At Barrera and Company, we complete thousands of Reserve Studies each year which have helped our clients comply with the law and prepare for upcoming expenditures. 

Interested in getting a Reserve Study for your community? Click here to get a proposal!

 

 

The Value of Pre-Construction Planning

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The vendor / HOA manager relationship is a unique one in the world of real estate construction. Both parties face challenges and obstacles when it comes to processes, expectations and deliverables. Hiring a competent construction manager can effectively mitigate many of these issues through up-front, preconstruction planning and streamlined communication throughout the project.

What are Pre-Construction Services?

There are many tasks that should be completed prior to construction that are often overlooked or undervalued by a busy HOA manager. Some of these tasks include interviews, site inspections, feasibility studies, preliminary drawings, permit investigation, and product evaluations and comparisons. This is really just the tip of the iceberg, however. All jobs are different and preconstruction planning and due diligence should be handled accordingly.

With the scope of work and specifications properly defined, your board can compare bids from vendors on a level playing field. This will not only aid vendors in submitting accurate and timely bids, but will allow your board to make efficient and informed decisions on the work.

Why a level playing field matters

Home Owners Association boards can often overlook the amount of work that goes into providing a bid. Vendors spend hours doing site visits, photographing, measuring, pricing and compiling the information in a digestible format. With no predetermined scope of work, budget or timeline, it’s a guessing game to determine these factors in a vacuum. For the board, comparing the bids can get sticky, to say the least.

Even after the vendors are chosen and the work begins, the failure to complete pre-construction due-diligence and forecasting can come back to haunt you. Often times it will come in the form of costly change orders and missed deadlines. The reason is simple: It is impossible to accurately bid something that hasn’t been properly defined.

Next time your board needs to take a job to bid. Consider this article and make the necessary arrangements for a qualified construction manager to carry out pre-construction tasks. A little up front cost could end up saving you big.

The Reality of Underfunded Reserves

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In today’s economy it can be tempting for HOA boards to under fund their reserve in an effort to save money. This is a disturbing trend in our industry because it can often leave the HOAs in a compromised position. With underfunded reserves, they have no choice but to scale down or defer important repairs and maintenance, eventually devaluing the entire development.

Read More: What is a Reserve Study?

Unfortunately, property values aren’t the only thing negatively affected by underfunded reserves. The perceived value of an otherwise financially stable association can be compromised as well. When a non-avoidable cost arises and the association doesn’t have money in the reserve, the board will levy special assessments to cover the cost. Savvy homeowners looking to buy will see an underfunded reserve as liability because they know that the HOA is likely to special assess as it goes along. Further more, lenders are factoring in Reserve Disclosures when considering to fund homebuyers looking to buy into your community.

Read More: Reserve Studies: FICO score for HOAs

Ultimately the choice to underfund reserves is short sided. It will end up costing you more in the future and could devalue both the property and the association itself.

Watch as Barrera and Company’s own Damian Esparza discusses this hot button issue: 

At Barrera and Company, we complete thousands of Reserve Studies each year which have helped our clients comply with the law and prepare for upcoming expenditures.

Interested in getting a Reserve Study for your community? Click here to get a proposal!

 

Vacancies in Your HOA Neighborhood – What Can You Do?

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 Living within a homeowners association (HOA) has several benefits that lead people to move into these neighborhoods. Common areas are kept up by the HOA and these neighborhoods often also have shared amenities like gyms, tennis courts and walking trails. Unfortunately due to the current state of the housing market, some homes are left unoccupied and uncared for.

Homes within the HOA that are owned by residents must be cared for and kept in good condition, according to CC&R’s. When a home isn’t occupied, however, its yard or exterior may become an eyesore. Luckily, there are a few ways that the HOA or its members can handle this problem.

Lien on Property

A home may be unoccupied due to an owner not paying their assessments. Even if the homeowner moves away they are still responsible for the upkeep of the home. The HOA can actually pay to have the exterior of the home cared for and apply the cost to the lien. It may take a while for the HOA to recover its costs, but once the home is resold, the money spent on keeping the property in good condition will be reimbursed via the lien. This should be done before a bank forecloses on the property, however, as in some cases the bank is not liable to reimburse that expense – just like it isn’t responsible to pay secondary loans on the home.

Foreclose on the Bank

Luckily, once the bank takes ownership of the home, they are now just like any other homeowner in the HOA. It becomes the bank’s responsibility to care for the home, including eyesore landscaping and any unsanitary conditions. It is difficult to find the person at a specific bank who is responsible for upkeep before the house is listed with a real estate agent, but it is possible.

If the banks do not perform proper upkeep of the newly owned properties, the HOA can still hire others to clean the property while applying fines to the bank for not keeping the property maintained. Several HOA’s have actually performed foreclosure proceedings on large banks when the banks fail to pay their maintenance fees. Foreclosure proceedings will usually pressure a bank to pay past due fees, assessments and fines owed to the HOA.

Neighborhood Task Force

Sometimes the legal work involved with some of the aforementioned methods can be more than an HOA wants to deal with. Even with several methods of reimbursing their costs, the HOA may not see compensation for years. In these complex situations, neighbors may decide that they’re willing to keep the lawn and other exterior portions of the home presentable.

No neighboring owner wants their home’s beauty to be negated by an uncared for community yard. A well meaning, concerned homeowners’ group should still check with the HOA to ensure they’re acting within the law, especially if it involves accessing property behind a gate. A task force may discuss amongst themselves who will handle certain areas of the property and how often.

Living within an HOA allows people to share mutual amenities at a fraction of what it would cost them on their own. Unoccupied homes, however, have become blemishes on otherwise beautiful HOA neighborhoods. All of the methods of keeping these homes presentable require a little sacrifice on someone’s part, but in the end, this handling is repaid either financially or through the advantage of having a completely beautiful HOA neighborhood.

Photo credit: https://www.flickr.com/photos/suavehouse113/494764354/


 

Interested in getting a Reserve Study for your community? Click here to get a proposal!