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A fine line in enforcing rules
Saturday, April 19, 2008

Q. I read with interest your article regarding enforcing rules in homeowner associations. My feeling is that many associations have difficulty with enforcement because they do not want to cause hard feelings among owners. This lack of enforcement causes more harm than good.

Recently, our association had a problem with an owner who failed to make a key available in the event of an emergency. The fire department came when an alarm went off in that unit. Firefighters had to break in the door, and now the owner of the unit wants the association to pay for the damage because a roof leak caused the alarm. Our position is that state statute and the association's declaration are both very clear that emergency access needs to be made in favor of the association or fire, police, medical, etc. The owner was away and no key was available. Perhaps we should have been (and should be) more insistent on enforcing the rules.

A. There is a fine line between enforcing homeowner association rules and making unit owners feel that they are a member of a residential family.

The management and board actions of homeowners associations call for the highest degree of political skill and interpersonal communications. Often members of homeowners association do not attend meetings or participate in governing the development in any way. Yet, when a homeowners' board makes a difficult decision, the non-participating owner is the loudest voice crying foul or the most upset regarding a decision.

There are often few easy choices that homeowners association boards must face. I would advise the unit owner to submit a claim for the damage to his or her insurance company and to provide a key to the unit as soon as possible.


Q. I am a Realtor in San Diego. Lots of tech people believe in the idea of technology replacing an agent in a transaction. That belief goes away the instant they put a large sum of money into a real estate transaction with an unknown seller in an unfamiliar location or neighborhood.

I purchased a property in St. Croix, U.S. Virgin Islands, this summer. I've been in this business for 15 years, and as we all do, think I know what I'm doing. Did I appreciate and take advantage of information and ease of access to the Internet? Yes. Was that access a key to the successful completion of my transaction? Yes. Would I dare risk doing the deal without a local agent, even as capable and knowledgeable as I am? No. Did the agent provide information and service invaluable to the deal? Absolutely.

Over the next 25 years or so, I think many will do as I did. I spent $30,000 in travel-related expenses over three months investigating my new home with the help of the Internet and a local Realtor. What was the commission to the agent? -- $10,000, which pales in comparison to the cost of my personal ha nds-on buyer snooping, overall comfort and security of the transaction.

A. Your assessment is insightful. While technology is playing an increasing role in real estate transactions, the need for consumers to have an agent or an attorney to represent their interests in a transaction is in most cases critical. Real estate is local in nature and its value, utility, externalities, financial, physical condition, regulatory or legal constraints must be investigated as rigorously as possible.

Clearly, the factors that make up a property's suitability and the buyer's use and enjoyment of a property need to investigated. Buyers need to rely on numerous experts including real estate agents to understand market conditions and trends.

Real estate market analysis is most productive when an experienced and knowledgeable agent is involved in the process. The real estate commission structure, with the seller usually paying the buyer's agent's commission, will continue to support this process. Technology is a great tool and can help buyers understand real estate markets and the process, but technology is only one of many tools available.

Dr. Thomas Musil is the director of the Shenehon Center for Real Estate at the University of St. Thomas in Minneapolis. He has more than 25 years' experience as a broker, analyst, consultant and expert witness in real estate litigation and arbitration disputes. E-mail questions to: tamusil@stthomas.edu. Please include your name, city and state.
First published on April 19, 2008 at 12:00 am
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