Even though you don’t live there year-round, it is a smart idea to have good coverage on your vacation property.

For the most part, insurance coverage for a holiday home works the same as the coverage on your primary residence. There are, however, a few key differences in the type of coverage you can select for a second home based on how often and for what purpose you use the property.

Some things you will want to consider when deciding which coverage is right for you include:

1. Do you only use the property during the summer months?

2. Do you make regular weekend visits?

3. Do you rent to other occupants throughout the year?

Keep in Mind:

1. In contrast to the comprehensive policy on most primary residences, insurance coverage for a holiday home typically includes Named Perils coverage instead of All Risk coverage. This limited coverage only insures against the risks specified in the policy, such as fire or windstorm.

2. Many insurers will require that you insure your primary residence with them before they will insure a holiday home.

3. Because you only occupy your holiday home part of the time, you will likely pay more for coverage against risks like water damage, burglary or vandalism.

4. Typical Exclusions from Vacation Property Insurance

The following items are usually not covered in an insurance policy for your home away from home:

1. Sewer back-up

2. Perishable foods stored in the freezer

3. Fence and yard equipment

4. Landscaping items such as trees and plants

5. Choosing the Right Coverage

Four types of coverage you should consider for your holiday home include:

Personal Liability Coverage

Protecting yourself against accidents that might happen to people on your property is the primary function of personal or third-person liability coverage. This coverage also protects you if a fire happens at your vacation property and spreads causing damage to surrounding property.

Contents Coverage

This coverage protects any items you keep at your vacation property. Any items that you transport back and forth from your primary residence to your vacation property would be covered under your primary home insurance policy. This type of coverage may automatically be included with your secondary home insurance package, but if your belongings exceed the value of that coverage, you can purchase this additional coverage. The perils insured for your vacation property will generally be less inclusive than on your home.

Detached Private Structure

Detached structures on your holiday home like garages, sheds or boat houses may have limited or no coverage under your vacation property insurance package. This additional coverage will help ensure you have adequate coverage for these structures.

Replacement Value

This coverage allows you to replace covered items at current market prices without deduction for depreciation.

If you have any questions about insuring your vacation property, please feel free to give us a call.

Property ownership can be a rewarding experience, solid investment and provide a sound revenue stream. However, it doesn’t come without certain trials and tribulations that are part of being a landlord. From maintenance expenses and upkeep to acquiring and managing tenants, owning property can be a drain on time and resources if not run correctly- that’s what a property management company does. These companies are paid by the property owner to take care of the nuts and bolts that are associated with ownership. A good property management company will take care of marketing the property, finding and screening applicants, and maintenance and repairs to the property as well as managing tenants, collecting payments, and issuing deposits and notices. Essentially, these companies do the grunt work for property owners so they can focus their energy elsewhere.

In addition to granting owners more time, property management companies provide a host of other solid benefits. They supply:

Higher Quality Tenants

One of the many jobs of a property manager is to find quality tenants to fill vacant properties. They thoroughly screen applicants by examining factors such as their rental history and credit score, calling their references, and even interviewing them to determine if they would be a good tenant. This process ensures that properties are filled with desirable tenants who will take care of the space, make their payments on time, and produce a steady income for the property owner. Management companies have vast experience sorting through applicants, and can spot warning signs and red flags easily.

Shorter Vacancy Cycles

The owner isn’t making a profit if their property isn’t occupied. In fact, unless they own the property outright, during times of vacancies owners typically have to make the mortgage payment out of their own pocket. When a property is occupied tenants’ rent can be put toward the mortgage payment or used as income. Property management companies take care of marketing and advertise properties to the appropriate audience and see that the vacancy is filled.

Better Tenant Retention

Tenant turnover requires additional time and money to clean, market and fill the space, all of which is costly for owners. To avoid turnovers and vacancies retaining quality tenants is imperative. Property management companies serve as a point of contact for tenants and are immediately responsive to their needs. If there is an issue that needs to be addressed it’s their job to handle it, and they work hard to keep quality renters satisfied. Property managers also handle lease renewals and are familiar with the market, so they know how to entice tenants to stay.

On Time Payments

Landlords don’t make a profit if their tenants don’t make their rent payments on time. It may seem innocent to overlook one late payment, but once a pattern of truancy is established it can be a difficult hole to dig out of. Inconsistent payments can put a heavy financial strain on a landlord who has to cover the mortgage costs out of their own pocket-punctual rent collection is a must for consistent cash flow. Instead of owners dealing with awkward confrontation and repeated excuses, it’s a property manager’s job to collect rent on time and enforce the lease agreement if payment terms are not met.

Instead of bearing the on the hassle, headache, and heartache that comes along with being a landlord, it makes sense to hire a property management company to deal with the unpleasant aspects of property ownership for you. No, their services do not come for free and yes, you do have to pay a fee, but the benefits reaped in money and time saved are well worth it.

Property tax is a form of tax that is directly levied on all types of real estate property. These taxes can be really worrisome for the property owner, as they tend to rise steadily over time. Since people usually take a mortgage for their property, an added charge that increases with time is a further inconvenience. Instead of worrying when tax time rolls around, here are some steps you can follow to minimize the impact of high property taxes.

Limit Curb Appeal

Property tax is levied on the assessed value, which is determined by a tax assessor. The assessed value is calculated taking in various factors like the attractiveness of the house, comparison with neighboring houses, and also the general vicinity. So to ensure that your assessed value remains reasonable, you can avoid any fancy surface alterations, as this ensures that your house doesn’t appear too primped-out.

Avoid Structural Changes

The simplest way to evade high property taxes is to avoid house renovations, such as increasing the size of the house, adding a floor above the roof, or building a balcony. The tax assessor takes these structural addons into consideration, and usually, these changes are the reason for the substantial increase in the property tax.

Analyse Your Property Tax Card

Tax card is a document that provides detailed information about the property you own, such as the size of the plot, the accurate dimensions of the rooms, and the number and type of fixtures within the house. Information about any structural additions is also mentioned. You can collect this card from your local tax office and check for discrepancies in the information mentioned. If you find any error, you can raise a complaint to the tax assessor. This ensures that you don’t pay extra tax because of incorrect information.

Compare To Confirm

Usually detailed information about your neighboring houses is available in the local tax office. If you feel that your property has been unfairly assessed, you can always look through the property specifications and assessed value of other houses in your neighborhood. There are cases when the identical properties are given a different assessment value. In such a case, you can bring this issue to the tax assessor’s notice.

Accompany The Assessor

Most people don’t mind it if the tax assessor checks out their property on their own. This is not the best idea as sometimes, the assessor may look past the problems of the house, while giving your home an unfair higher assessed value. To avoid this scenario, always accompany the assessor during their visit. Point out things that might otherwise go unnoticed and present a clear picture of the property. Doing this will help the assessor be objective and hence lower the assessed value.

If you have the correct combination of items and you have a large enough pocketbook, this may be your ticket to retirement. But sometimes, it’s your ticket to the poor house.

I looked at a home that is zoned mixed use. In this area, this means that you can either use the residence as a home or use the residence as a commercial site. These types of sites are usually limited to low impact items such as office buildings, apartments, etc.

What’s the catch? Well, you’ll have to own a large enough parcel of land to make a commercial deal work. This is why you see five homes along a busy street all for sale at once and the zoning is commercial. This is because in order to be approved for commercial development, there must be a large enough parcel to make the commercial development work.

Usually, for mixed residential zoning, these areas are close to town or close to other apartments or business in the area. I’ve appraised several of these types of property. Many times, advertising the zoning as mixed use is enough to sell the home for more just because it may appeal to that specific buyer that wants to live in the same home and run a business out of the home. One home that I appraised offered a living area on the main level and a daylight basement offered office buildings that were rented out.

My understanding is that some banks that specialize in residential zoning will not loan money on mixed use properties. This, of course, is a downfall, if you’re trying to get a residential loan. Some buyers will not want to use their residential home for office use. This will limit the number of buyers that may want to buy your home.

So, will commercial zoning increase your property value? If your home is a residential home with the best use as a residential use, commercial zoning may decrease your home value and make it difficult to get a loan and make it difficult to sell, because you’ll be located on a busy street. If your home is residential use and the highest and best use is to build a commercial structure, most often, your land used as commercial use will be more valuable than your home used as residential use.

So, the moral of the story is to keep an open mind on these types of properties. I looked at some homes the other day where the home is an older residential home with a larger lot. The zoning can be switched from residential to commercial for $1500. Residential homes with larger lots with similar zoning were selling for $350,000 to $400,000. Residential homes that have been switched to commercial zoning were selling for $500,000 to $700,000. So for $1500 and some time, this would be a good investment for your money.

Real estate investing is all about perception. Your perception of where the market is going, in conjunction with where it’s actually going. The aim, as always is to buy low and sell high.

You want to buy a cheap tract of dirt and sell it as a high priced piece of developed real estate, after it’s appreciated enough to turn a tidy profit. Selling the property is an art in and of itself.

Buying an initial tract of dirt lends itself to some solid, rational guidelines:

First, look at trend lines for housing prices in your area. While most housing markets are in decline (and the housing markets in Florida and California are adjusting from more than a decade of over-valuation), there are markets where the housing prices are going up. This is a decent leading indicator that there’s a market for expansion.

Second, look for job related news. Home purchases require a steady source of income. New employers moving into a city, or a government branch office opening up are a strong indicator that good, well paying jobs are likely to come up. Where well paying jobs roost, home purchases follow.

Related to this, talk to your local city planning office. Are there recent purchases of “right of ways” to lay down sewer lines? Is the local telephone cable making plans to run out fiber optic lines – a “must have” trend in new home construction. These things point to areas where home growth is immanent. Other big tip offs are school bond issues (found in your local news paper) and new parks being opened up.

Before you look at the land, check out the adjacent commercial real estate usage. Look for “family friendly” or “residential friendly” commercial properties: Houses that are close to grocery and clothes shopping tend to fetch a higher price than ones that are farther away. If there’s a movie theater nearby, or plans for an elementary or middle school, factor that into the size of the homes you build, and what their amenities will be; buyers looking for those features are looking for “mover upper” homes – with a bit more floor space, and two (or three) bedrooms for the kids. Other spots to look for are anchor stores, like Wal-Mart and Best Buy. These companies spend millions on surveys of purchasing patterns before buying a store location; if they’re buying a plot of land, you’ve got about a year to a year and a half window to look into nearby real estate for single family residential and rental residential properties.

You can even flip this on its side – if you can talk to a group of commercial real estate investors, building a shopping center as the nucleus for home development is also a viable combined strategy. This also applies to highly urban areas. Many downtown areas that have been abandoned by businesses can be converted to apartment buildings, and some of the older housing projects are being torn down for mixed-use spaces with combined commercial and residential areas. In particular, you can often get block grants to help with the financing on projects like this, and there are programs from HUD that can help out a great deal with “urban renovations”.

Another source to investigate is the demographics in your area. Look at the US Census figures (and local county figures) for median age, and median birth rate per capita. You want to invest in areas where the population is growing already. High skews in the ’40s and ’50s indicate that you’ve got a bunch of people who are going to retire soon, and retirees are highly prone to selling properties off. Places to watch carefully are most of the urban parts of California, and great swaths of the rural Midwest, where demographic trends have been changing entire towns since the 1950s as the country’s population has shifted to urban areas.

If there’s a local planning council, or urban development council, make it a point to get the minutes of all the meetings from the past year. The city council offices will have them on file as a matter of public record. Also try to get into the next range of meetings as an observer. Discuss with the city and county managers where they see housing and construction trends moving. What you’re looking for is real estate that will be desirable in two to three years; look at road planning atlases, and look for all the data you can find. Also look for real estate that will be scenic – lake front property is as close to a guaranteed bet as you can get in real estate investing, particularly if there’s a lake that’s at the “far end” of a development axis. Likewise, if there’s land that the city council is looking to acquire for parks, buying the adjacent lots now means you’ll be able to sell them later.

Lastly, talk to the professionals in your communities. Talk to architects who can tell you if they’re busy or not. Maintain professional contacts with engineers, bankers and attorneys. They will usually know about projects well before the general public. Also make a habit of reading the local newspaper’s business section. Often times, the first clue that a business may move in to your area is buried at the bottom of a column on page 8.

Using the guidelines suggested above will help you to find “sleeper” raw land properties. These “sleeper” properties are perfect for the buy low, sell high strategy used by successful commercial real estate investors.

In our last article we talked about the alternative minimum tax item, resulting from depreciation of business or rental property. A direct corollary of that issue is the AMT item that results from any subsequent sale or other disposition of such property. Critical to minimizing a taxpayer’s AMT is an understanding of the relationship between these two items.

When property is disposed of, a taxpayer calculates the gain or loss based on the difference between the selling price and his tax basis. For something like a stock or a bond, tax basis is the amount originally paid for the investment – that is all that is needed. This same concept also applies to the sale of business or rental property, but with one important difference – depreciation. In the case of depreciable property, tax basis is the amount originally paid, but then reduced for any depreciation taken.

The tax basis of depreciable property changes every year. In the example in the last article, a $10,000 machine was depreciated by taking a $4,000 deduction in the first year, and a $2,400 deduction in the second year. At the end of year 2, therefore, the tax basis of this machine was $3,600 ($10,000 less the $6,400 of total depreciation taken).

What would happen if the machine were sold at this point? The same basic principle of computing the difference between selling price and tax basis applies. Assume, for example, a sales price of $5,000. In this case the taxpayer’s gain would be $1,400, and this amount would be included in taxable income. This is the Regular Tax treatment.

The AMT item arises at the time of sale of property because, in general, a taxpayer uses a different method of depreciation for purposes of the Alternative Minimum Tax than is used for Regular Tax purposes. To the extent the taxpayer has these AMT items from differences in depreciation in prior years, the tax basis of that property similarly is different for the AMT than it is for the Regular Tax. Therefore, gain or loss on a sale of the property also is different. Essentially, the AMT difference in computing the gain or loss is a reversal of the Regular Tax-AMT depreciation differences in the past.

Continuing with the same example, if after two years a taxpayer has been allowed $5,100 in depreciation deductions for the AMT (see the prior article), the machine’s AMT tax basis is $4,900. Assuming a sale for $5,000, taxable gain for AMT purposes would be $100.

This $1,300 difference in taxable gain (the $100 of AMT gain compared to the $1,400 of Regular Tax gain) is an AMT item in the year of sale. This is a favorable adjustment in computing the taxpayer’s Alternative Minimum Tax. It would be entered as a negative number on the Form 6251, making Alternative Minimum Taxable Income $1,300 less than Regular Tax taxable income.

One out of every 14 AMT payers has this item, so it is important that both the Alternative Minimum Tax basis and the Regular Tax basis of depreciable property are properly calculated. Incorrect calculations can have the effect of negating other AMT planning that a taxpayer may have accomplished, costing real tax dollars.

The Alternative Minimum Tax is a very important consideration for taxpayers who own real estate because just about every tax rule applying to real estate is different for the AMT than it is for the Regular Tax. This article on Real Estate and the AMT will address those situations where the individual holds the real estate as an investment, typically as rental property. The differences in tax treatment between the Regular Tax and the AMT can be significant.

Interest expense

Interest paid on the mortgage taken out to acquire the property is fully deductible, both for the Regular Tax and the Alternative Minimum Tax. Unlike itemized deductions that allow a tax benefit for what amounts to personal expenses, the tax law generally allows all deductions a taxpayer has to make in the pursuit of business income. Thus, the limitations discussed in the previous article on home mortgage interest do not apply.

If, however, the equity in the rental property is used as security for an additional loan – a second mortgage, for example – then the taxpayer must look to how the proceeds of that loan are used to determine interest deductibility. If the proceeds are used for a car loan or to finance a child’s education, for example, then the interest is nondeductible personal interest. If the proceeds are used to improve the rental property, the interest is deductible.

Suggestion – it is best that taxpayers keep personal borrowings separate from business borrowings. Mixing the two creates recordkeeping challenges and can result in disputes with the IRS.

Property taxes

Property taxes paid on rental or investment property are allowed in full both for Regular Tax purposes as well as for the Alternative Minimum Tax.

Planning idea – if you have an opportunity to pay your property tax bill either this year or next, pay it in a year when you have enough income from the property so as not to generate a rental loss. This strategy can help avoid triggering the passive activity loss limitations described below.

Example – in Florida property tax bills are mailed in October, and are payable under the following discount schedule: November – 4%, December – 3%, January – 2%, February – 1%. If you have a loss from the property in 2010 but expect to generate income in 2011, do not pay your bill in November or December – forgoing that small discount could help you avoid the loss-limitation rules.

Depreciation

Depreciation is allowed for property held for investment. The portion of the cost allocable to land is not depreciable, but for the building itself and the furniture, appliances, carpeting, etc. a depreciation deduction may be taken.

Real property (this is the legal definition of the house or other building) held for rental/investment may only be depreciated for Regular Tax purposes under the “straight-line” method, over a useful life of 27.5 years. Thus, a property with $275,000 allocated to the building would be depreciated at the rate of $10,000 per year.

Personal property (this is the legal definition of things such as furniture, appliances, carpeting and the like) may be depreciated for Regular Tax purposes under an “accelerated” method over a useful life of five years. An accelerated method allows a larger depreciation deduction in the early years, in recognition of an obsolescence or decline-in-value factor that you see in new property (cars are a good example).

For purposes of the AMT, however, personal property may be depreciated only by using a straight-line method. Thus, an AMT item will be generated in the early years if the accelerated method is used.

Planning idea – for personal property consider electing the straight-line method for Regular Tax purposes. While giving up a little tax benefit from the greater depreciation in the early years, it could mean avoiding paying the AMT.

Active/passive investment rules and the “at-risk” rules

A taxpayer who is not “active” in managing investment property may not use losses from rental property to offset other income such as salaries and wages, dividends, interest, capital gains, etc. Instead, these losses are deferred until the taxpayer either sells the property or generates passive income from this or other passive investment sources.

The at-risk rules similarly deny using these types of losses to the extent the taxpayer has acquired the investment with borrowed money and does not have personal liability on the debt.

Planning idea

If these loss limitations apply, consider the planning ideas mentioned above to minimize the losses being generated each year. They are not doing you any good anyway.

Sale of the property

Several different AMT issues can arise on the sale of rental/investment property. One is that your gain or loss may be different for the AMT than it is for Regular Tax purposes. This would be caused if different depreciation methods were used. For example, if the personal property was depreciated using an accelerated method for Regular Tax purposes, then the basis in that property when calculating gain or loss on sale would be different because the straight-line method had to be used for Alternative Minimum Tax purposes.

Gain on the sale of investment property generally is capital gain, although a portion may be treated as ordinary income depending on the accelerated depreciation method was used. Capital gains in and of themselves are not an AMT item, but nonetheless they can result in AMT being paid. This is because the AMT exemption amount is phased out for taxpayers at certain income levels, so this additional income can have the result of reducing the exemption which in turn increases taxable income for purposes of the Alternative Minimum Tax.

How many feet of road frontage does the property have?

This question is among the most important when assessing the value of commercially zoned property in a city or county. For some, the reason as to why this question is so important may seem rather obvious. However, there are multiple reasons why investors, developers, builders and business owners want to have large amounts of road frontage on their commercial properties.

For business owners, it is best for them to have their stores located conveniently to their customers. If they are on a main highway or road, they will have great visibility to the traffic going by. This can quite possibly bring customers into their stores that they normally wouldn’t see through their normal marketing. Also, a customer new to the location can find the store much more easily when in the line of sight. Visibility on major road frontage is a huge advantage for the business owners and their stores.

Another reason why business owners like to have their stores along major road frontage is because of the ease in which customers can enter and exit the property. If they are forced to drive through large parking lots, wind behind other major stores, and park on a land locked parcel, there is a possibility that the customer would go to a more easily accessible competitor.

Now, this may be pushing it a little, because a business should be able to bring customers in on its own through effective marketing and good business practices. However, it is definitely more pleasant to access a place of business that is right by the road, rather than search your way through parking lots, other businesses, and who knows what else. The easier the access, the more enjoyable the experience is for the customer.

The two main reasons for business owners to have their stores on major road frontage are visibility and ease of access. Let’s look at why investors, developers, and builders all want the properties they are involved with to have the greatest amount of road frontage possible.

These three people, investors, developers and builders, are the foundation for commercial real estate. They have the money; they have the vision, and they, ultimately, are responsible for building our communities.

More often than not, these people will choose properties to invest in that have the most amount of road frontage, or create the roads so that the office complexes, retail centers, and strip malls have the visibility and ease of access that business owners look for in a profitable commercial property.

The underlying advantage for these investors to develop and build properties with major road frontage is the fact that these commercial properties, known as out parcels, are far more valuable than the land locked in parcels behind them! The difference between these property values can be quite drastic.

For example, recently I was assessing a 56 acre raw tract of land in Rome, GA. It had over 2,000 feet of road frontage on a major highway! The front of the property was zoned commercial, while the back was zoned multifamily. After speaking with the broker and looking at comps (comparable sales), it was clear that the out parcels would be valued at approximately $600,000 an acre developed. (They could be worth more if we were able to get national brand stores on the property). However, those in parcels, without the road frontage, would only be valued at $225,000 per acre. This is a $375,000 decrease in value simply because those in parcels are a few hundred feet away from the actual highway.

This news greatly cut into my overall profit margin.

Not all cases are this extreme. However, it is always true that an out parcel will be more valuable than an in parcel. That is why investors, developers, and builders all want property with major road frontage. It is simply more valuable!

Business owners and investors alike will gladly choose a property with major road frontage over a land locked parcel, or a parcel with little to no road frontage. Use this important fact when you assess properties and the value that they hold.

“Fiduciary” is basically defined by Black’s Law Dictionary as a term derived from Roman law which means, as a noun, a person or legal entity, holding the character of a trustee, with respect to the trust and confidence involved as scrupulous good-faith and candor towards another’s affairs. A fiduciary also has duties which are described as involving good-faith, trust, special confidence, and candor toward another’s interests. Typical fiduciary duties are imposed on and include such relationships as executor, administrator, trustee, real estate agents, attorneys, and, of course, property managers. A person or company who manages money or property, i.e., the manager, for other people must exercise a standard of care in that the interests of the money or property owners are placed above and beyond those of the property manager. In some states, like California for example, a property manager is statutorily defined as an individual or entity which has the same duties as a trustee, i.e., a fiduciary.

The way I always explain it to clients, using my hands to demonstrate, is that my interests end at the top of my head (one hand at the crown of my head), but the client’s interest rise above and beyond my head and take precedent over my own (holding both of my hands above my head in a clasped position). Most people understand the gesture and comprehend that as a property manager and a lawyer my interests are much lower than those of the clients in our relationship.

Common Fiduciary Duties Owed by Property Managers

Since a property manager is a fiduciary they must act with the highest good-faith and fair dealing with respect to the owner’s asset, disclose all material information that may affect the owners decision-making with respect to that asset, and can’t in any way, shape or form act adversely to the owner’s interests. This may sound easy, but there are situations that arise that tempt even the best property managers to sometimes not act in their client’s best interests to suit their own self-interested convenience. Unfortunate as that may sound it happens regularly.

The following is a short list of some common sense duties, rights, and wrongs when a fiduciary relationship exists between a manager and an owner.

A manager should have a written agreement with their clients and may even be legally entitled to profit from services for which they provide to the owner, however, a manager may not secretly profit from this relationship. For example, a manager may charge an eight percent markup on materials and services provided by vendors to the owner’s property. This is legal and acceptable provided that the agreement between the parties is in concert with the markup. If this markup was not in the agreement then the law requires a property manager to disgorge or relinquish any and all secret profits derived from the relationship. There are so many possible examples of this, but a common one is a manager making a percentage profit on work and services provided to their clients but not disclosed; like a new roof, bathroom remodel, repairs to interior walls, etc.

A property manager is required to disclose any and all rental offers received along with documentation of those offers such that the property owner is well informed about all potential tenants. It is easy for a manager to fail to provide names of potential tenants that don’t necessarily qualify or are poor credit risks as this would involve more work for the manager.

A property manager is statutorily required to act for the sole benefit of the asset owner in matters that evolve from the relationship, whether or not those matters are seemingly insignificant or they are significantly material.

Information about a tenant whom falls behind on their rent must be immediately communicated to the asset owner. If your management company is using a software system that allows an “Owner Portal” then this information is readily available to see and anytime one has access to the internet.

If a manager receives information that a tenant has caused damage to a property the owner should be notified as soon as feasibly possible. It is easy for the manager to not disclose this information for fear of confronting the disgruntled owner or just not wanting to deal with the conflict associated with that situation.

Trust Account Duties

A trust account which holds deposits and rent monies for the benefit of the asset owner is a common ground for fiduciary duty breaches. The law precludes a manager from commingling of the client trust funds with broker or manager owned funds.

Additionally, it is a breach of fiduciary duty to make mortgage payments on broker owned properties from a trust account even if the broker quickly reimburses the account for the payments. The statutory prohibition against conducting personal business from trust accounts is strictly enforced.

Surprisingly another common example of commingling of funds occurs when the property management fee is not timely withdrawn from the trust account. Sometimes a delay of twenty-five (25) days could be considered commingling.

Trust funds must also be deposited with expediency. Some states require that deposits must be deposited by no later than the next business day.

Commingling of Trust Funds is a Serious Offense

Commingling of trust and broker funds is such a serious offense it can be grounds for revocation or suspension of a broker’s license in most states. Thus, this sole issue must be of paramount importance to a manager and property management company.

Conclusion

Managers owe fiduciary duties to their clients – this is the minimum standard owed. There are many ways to breach these duties which form the basis for the relationship between the manager and the client. It is important to hire a property manager who understands and abides by the statutory framework, understands fully what a fiduciary duty entails, and can both clearly communicate those duties and at the same time live up to them. It is important for owners to make sure they hire property managers who abide by these minimum standards.