Posts Tagged ‘consumer protection’

The Skinny on Steamboat Condos’ Special Assessments

Wednesday, August 11th, 2010

By Susana Field

A prospective client of mine was doing his homework and closely studying the detailed property sheets of some ski in/ski out condos for sale in Steamboat Springs, CO, which I had sent him off of the Steamboat Springs Multiple Listing Service (MLS). One detail caught his eye and he shot me off this question:

MLS 126967 mentions a special assessment.  Can you provide any details?

And just as quickly, I sent him my answer. Here’s the skinny:

How Special Assessments Work

A Special Assessment is a Home Owner’s Association (HOA)-approved one-time fee charged each property owner, to go towards paying for a special improvement project. Sometimes the fee is spread out over several payments, but nevertheless it is not an ongoing fee. In the case of MLS 126967,  it was to cover the cost of the exterior remodel of this particular Storm Meadows building. The MLS sheet stated that the condo owner already paid the assessment, so it won’t be a debt transfered to the future owner. This specific Special Assessment amount was $28,000.Steamboat Springs MLS Sheet showing Special Assessment

As part of each annual HOA fee a certain amount is put into Capital Reserves for future improvements. But sometimes an HOA will vote to do an improvement even if they don’t have enough in the capital reserves fund. They will also vote to divide the shortfall due on the project amongst the owners as a one-time special assessment. Some HOAs have very healthy Capital Reserves and seldom have to do a Special Assessment. Other HOAs have voted to keep their annual HOA dues (of which the Capital Reserves portion are a part) as low as possible, and thus end up seeing more Special Assessments come their way as major improvements are needed. Some HOAs keep thier developments up nicely, while others vote both for low Capital Reserves and against  Special Assessments, and their complex falls into disrepair.

How We Protect Buyers

One of the contingencies we always write into an offer is your right to cancel the contract (without loss of Earnest Money) if upon review of the Homeowner’s Association documents (bylaws, declarations, budgets and financials) and past two-year’s Annual Meeting Minutes, you find something that will not work for you. You should get a good feel for how well the condition of a property matches your personal expectations of how you’d like to see the property maintained just be strolling around the premises.

HOA Meeting MinutesMany of the Homeowner’s Associations in Steamboat are run by professional management companies. Two big ones in Steamboat are Steamboat Resorts and Mountain Resorts. They have the staff to keep track of all financials, do repairs, maintenance, snow remeoval and landscaping. Anything they can’t do, the can interview and get bids from contractors and oversee the work. There is a particular management person assigned to each development they run. This person often goes by the title of Owner’s Representative. They typically run the Board of Directors Meetings and the Annual Homeowner’s  meetings, if requested by the Board of Directors. And are the go-to person for all the home owners of that condominium development.

We encourage all of our prospective buyers to speak with the Owner’s Rep, and maybe also the President of the Board of Directors (another homeowner elected by the HOA), to get a feel for how compatible your wishes will be with the board, and to answer all your questions. All of this can be done either before or after you get under contract to buy.

But back to your main question about a Special Assessment on a specific unit. Typically the MLS sheet states whether there is a current Special Assessment and whose responsibility it will be to pay it. Then even if it states the new owner will need to pay it, it is something that can be negotiated with the offer.

Why Wait for Advertised Discounts?

Monday, June 28th, 2010

Last week one of Steamboat’s largest and most exclusive slopeside condominium projects, Edgemont, announced a whopping 30% price reduction for their next three sales. Although they have not had a sale since April, it only took five days for three buyers to seize the opportunity. Edgemont is now offering a 25% discount for the next three buyers.

First of all, this recent activity shows me there are sellers willing to discount their price to lighten their financial obligations, as well as buyers in the marketplace who are willing to take advantage of a good opportunity when it presents itself. And it appears there are going to be three more buyers who are also going to get a great deal on a luxury condominium at the base of the Steamboat Ski Area, as well! But the one thing that I can’t seem to understand is why it had to take the seller to discount the prices and advertise them to the public to make these buyers act?

As a real estate brokerage dedicated to seeking the best deal for our clients, it does not take an advertised offering to the masses for us to find a great deal for our clients. We typically suggest making an offer below list price anyway. In today’s market, if you are considering a property to purchase, if we aren’t competing with other offers, what’s to say that we create our own “special discount” and make an offer well below list price and see just how motivated a seller is. Furthermore, if a client of mine were interested in one of the Edgemont condos, I would have recommended making an offer less than the 30% advertised discount to make sure nothing was left on the table.

If you have been thinking about a Steamboat property, rather than waiting until the seller announces a discount to the general public, wouldn’t it make more sense to offer 30% below list now on a property you know is the one you want and not have to worry about competing with other buyers for the same property?

Give us a call to start your Steamboat Springs real estate search today!

Exclusive Buyer Agency Makes the New York Times!

Wednesday, March 18th, 2009

By Doug

It may have taken a nationwide economic earthquake to wake up and shake up the real estate industry, but the exclusive buyer broker concept is beginning to get noticed more and more as consumers, legislators and the media alike recognize how the economy has gotten where it has, and with the assistance of traditional brokers.  After all, if the consumer had a real estate broker looking out for their best interests, a better purchase would have been made, and some of the bad purchases that have caused the economic downturn would not have occurred.

Most recently, the New York Times ran an article on March 15 about the advantages of exclusive buyer brokerage.  Below please find the article:

WHEN Henry Coupet started shopping for a home, agents at open houses tried to persuade him to snap up their listings.

“Their interest seemed to be more in the interest of the seller than my interest,” said Mr. Coupet, a quality assurance manager for an Internet advertising company.

Then, when he made an offer on a home and the agent rebuffed him, refusing to negotiate, Mr. Coupet became frustrated.

“Their interest was maximizing their profit,” he said.

So he redirected his search. He hired Ira Freireich, owner of Best Buyer’s Broker Realty in Malverne, to represent him for a $500 retainer plus a 2 percent commission. (For buyers’ brokers as for sellers’ brokers, the commission comes out of the proceeds of the sale at the closing.)

As the name of Mr. Freireich’s agency suggests, he works exclusively on the buyer’s behalf. Traditionally, a real estate agent’s fiduciary responsibility is to the seller.

“He knew what I was willing to pay and he knew what I could afford and he aggressively negotiated on my behalf,” Mr. Coupet said. In October he paid $472,000 for a three-bedroom two-and-a-half-bath Cape in New Hyde Park, which had been listed for $530,000. “He definitely got the ball rolling.”

Mr. Freireich said demand for his services started to swell about a year ago.

“It’s always advantageous for the buyers to have their own representation,” he said. “If you were getting a divorce, would you ever use your spouse’s attorney?”

He added that when buyers ask a seller’s agent questions, “they are getting the answer the sellers want them to hear.”

Although buyers’ agents are relatively rare on the Island, a growing number of house shoppers are seeking an equal level of representation.

What they need to know going in, said Frank Urso, president of the Multiple List Service of Long Island, is that unless the broker and the buyer sign an agency disclosure contract specifying their relationship, it cannot be binding.

“The broker that has the listing is always working for the seller and his agents are working for the seller,” Mr. Urso said.

Nick Gigante, broker-owner of Re/Max Shores in Massapequa and Oceanside, pointed out that once a buyer and a broker were formally in a relationship, the broker was at liberty to furnish privileged information, about things like the seller’s financial situation. “Of course, the buyer wants to know that stuff,” Mr. Gigante said.

At the same time, a buyer’s broker is prohibited from disclosing to a seller that the buyer can, or will, pay more than what has been offered.

Brokers who represent both sellers and buyers, known as dual-agency brokers, “maximize their income but shortchange both buyer and seller clients,” said John Sullivan, president of the National Association of Exclusive Buyers’ Agents, which includes about 200 realty brokerage firms and about 480 exclusive buyer agents.

To “eliminate conflict of interest,” exclusive buyers’ agents do not take listings — though increasingly agents in traditional real estate offices work both sides of the equation.

Frank DellAccio Jr., broker-owner of Century 21 AA Realty in Lindenhurst and Seaford, said that from 2007 to 2008 his firm had more than doubled the number of buyers being represented. Many are asking for agents to work as their advocates, providing data and comparable sales, negotiating the best price and terms, and helping evaluate financing options.

“Buyers feel more comfortable having someone represent them in the process,” Mr. DellAccio said. “It’s a natural.”

Another natural in a downtrodden inventory-laden market is that for brokers, snagging a buyer to represent has gained in allure. Bethany Marten, an exclusive buyer’s broker and founder of the Baldwin-based Home Buyers’ Resource Center, said that until the market turned south, most real estate agents “had zero interest in representing buyers.”

Before, she said, “listings were gold,” and agents “didn’t want to waste their time walking around with buyers.” But with inventories high and customers scarce, “buyers are the gold now.”

Listings cost time and money to market and often languish. “You don’t make money if you don’t have a buyer,” she pointed out.

Mr. Urso of the List Service of Long Island said he expected buyers’ brokers to be “more the norm in the next three to five years.”

Michael Frank, an assistant school principal in the market for a house, signed on last spring with Mr. Freireich’s agency. “I wanted to see the full slate of homes available,” Mr. Frank said. “If you are trying to buy a house through Century 21, they have a vested interest in selling you a Century 21 home.”

In August, after checking out only houses “with the right number of bedrooms and bathrooms” in the right school districts, Mr. Frank bought a three-bedroom Tudor in Valley Stream for $502,000. “They didn’t try and show us anything that was outside of what we asked for,” he said of Mr. Freireich’s agency.

It was also in August that Michael Daly gave up being a traditional broker, and working both sides of the fence, to run the North Haven-based True North Realty Associates, a brokerage exclusively for buyers. He said he found the switch had eliminated the “smoke and mirrors” and “dual-agency conflict that has caused so much mistrust among consumers and real estate agents.”

Whether you are seeking to buy a Steamboat Springs real estate property, or elsewhere, if you want the best representation available and an advocate looking out for your best interests all of the time, seek the assistance of an exclusive buyer’s broker.  In Steamboat Springs, we are the only office that exclusively represents buyers!