Shared Flashcard Set

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SC Property Managment
PM Class
66
Other
Not Applicable
02/21/2020

Additional Other Flashcards

 


 

Cards

Term
Fair Housing Act
Definition
The federal Fair Housing at recognizes protected classes rendering it illegal to discriminate in the sale or rental. Those protected classes are Race, Color, Religion, National Origin ,Sex, Familial Status, or Handicap.
Term
SC Human Affairs Comission 
Definition
Enforce the State Fair Housing Laws.
Term
Complaints filed with the federal level of HUD
Definition
Must be filed within one year of the discriminatory vent and up to two years to file action in court.
Term
Complaints filed at the state level SCHAC
Definition
must be files within six months of the discriminatory event  and up to one year to file action in court.
Term
ALJ disriminaiton occured to for the Fedral Government a civil penalty for Real Estate Estate Companies are?
Definition
10,000 for a first violation, 25,000 for a second violation within five years, and 50,000 for a third ciolation within seven years.
Term
ADA
Definition
For businesses that have 15 or more employees.
Term
Penalties for violating the ADA
Definition
The department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 fir any subsequent violation.
Term
Lead Paint
Definition
Lead paint was outlawed in 1977.
Term
Lead Paint Discolsure
Definition
You must provide every tenant with the EPA booklet if the property was built prior to 1977. Minimum 10,000 fine. Disclosure forms must be a minimum of 3 years.
Term
Vacation Rental 
Definition
the lease, sublease, or other rental of residential property for a period of fewer than 90 days,  except that it does not include rental of residential property on a weekly or monthly basis.
Term
Vacation Rental Agreement 
Definition
A written agreement between an owner or the owners rental management copay and a tenant, in which the tenant rents residential property belonging to the owner for a vacation rental.
Term
Transfer of title for a residential property subject to a vacation rental agreement
Definition
The grantee of the residential property subject to a vacation rental shall take title subject to the vacation rental agreement and the vacation rental management agreement for all vacation rental periods that begin no later than 90 days after the day the grantee's interest is recorded in the office of the register of deeds.
Term
Equal Credit Opportunity Act 
Definition
federal law which prohibits creditors from certain forms of discrimination. Also a creditor is to notify you within 30 days after you completed your credit application whether your application has been approved or denied.
Term
Chlorofluorocarbons
Definition
Air conditioning systems knows by now, it became illegal last July to vent Chlorofluorocarbons into the atmosphere during service, maintenance, or disposal.
Term
Smoke Detector Laws
Definition
South Carolina requires at least one operating smoke detector on each level of all residential properties.
Term
Megan's Law
Definition
Brutal 1994 rape and murder of 7 yr old Megan Kanka by a previously registered sex offender that was handled by the Local Sheriffs Department.
Term
Federal Anti-Trust Laws
Definition
Commissions are always negotiable.A set commission is considered price fixing which is a violation of the Federal Anti-Trust Laws (Sherman and Clayton Acts). Other Violations of Antitrust laws include allocation of markets, allocation of customers, bid rigging, and tie in agreements.
Term

Special Agent

 

General Agent 

 

Principal

 

 

 

 

Definition

Property manager in charge or Broker in charge hired to represent the owner.

 

Licensee licensed under the Property Manager in Charge or Broker in charge, also referred to as sub-agents.

 

the property owner identified in the management agreement.

 

Term
Management Planning 
Definition
The financial and operation strategy for the ongoing management of a property.
Term
Regional Market Analysis
Definition
Should provide information such as population, employment opportunities, income potential, as well as any future plans known for the area.
Term
Neighborhood Market Analysis 
Definition
include all pertinent information pertaining to the rentals in the subject neighborhood. Such as Land usage, supply and demand, as well as amenities and facilities.
Term
Rental Price
Definition
The final result of the regional and neighborhood market analysis.
Term
Five Year Forecast
Definition
property managers can determine a more realistic picture of a properties income potential by forecasting the income and expenses five years out. Maximizing Returns
Term
Cash Flow or Net Operating Income
Definition
the monies left over after collecting all rents and paying bills.
Term
Ownership and management transfers
Definition
in the event ownership of the property or transfer of management duties and responsibilities should occur, all parties must agree in the management agreement on how to transfer will take place.
Term
Bundle of Rights
Definition

Use/Possession- possession only for owners use.

Control-allows for the owner to use the property in any manner he/she deems, so long as the use does not conflict with other zoning or municipality lawes.

Disposition-  the key to providing the proper stewardship of the land.Allows the owner to sell,lease,assign, or sublet.

Quiet Enjoyment-the seller of real estate is obligated to protect the purchaser against lawful claims of ownership by others.

Term
Non-Freehold Tenancies
Definition

Estate for Years or Estate for Term-expiration date in lease.

Periodic Tenancy-also referred to as period to period. This tenancy continues as long as the tenant pays rent and the lessor accept the rent. ex. month to month

 By the lessor accepting the rent it automatically extends the agreement for another period.

Tenancy at will- has no expiration date, as long as the the landlord is willing to accept the rent and the tenant is willing to pay.

Tenancy by Sufferance- Exists when the lessee remains in the property after the expiration of the lease without landlords consent.

Term
Types of Leases
Definition

Graduated Lease- allows for automatic increase or decrease in rent.

Percentage Lease- Used in commercial retail establishements. Common in Malls 

Net Lease- requires a tenant to pay part or all of the operational and maintenance cost of the property.

Gross Lease-requires the landlord to pay all operating expenses. ex.Tenant only pays rent

Index Lease- ensures rent are reflective of market conditions. provides rent increases or decreases which is based on some index.

Term
Dispossess
Definition
to remove a person from occupation of a property by a legal action.
Term
Actual Eviction
Definition
The physical ouster of a tenant from the leased premises; the tenant is relieved of any further duty to pay rent.
Term
Constructive Eviction 
Definition
Actions of a landlord or third party which interfere with a tenants use and enjoyment of the rented premises to such an extent that the tenant is at law considered to have bee improperly forced out o the premises.
Term
Ejectment Eviction
Definition
Most commonly, a court action to recover real property, usually by eviction of a tenant.
Term
State of Frauds
Definition
Requires all leases in excess of one year must be in writing to be enforceable by law and in court.
Term
Demise
Definition
Conveyance by lease agreement. (bundle of legal rights)
Term
Jurisdiction and service of Process
Definition
The circuit courts and magistrate courts of this state shall exercise concurrent jurisdiction over any landlord with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter.
Term
preventative management
Definition
a scheduled of planned maintenance actions aimed at the prevention of breakdowns and failures.
Term
Corrective Maintenance
Definition
a form of system maintenance which is performed after a fault or problem emerges in system. Must fix or repair when necessary.
Term
Routine Maintenance
Definition
Regular Inspections to avoid and issues.
Term
New Construction Maintenance 
Definition
Purchasing New equipment to have lessor problems
Term
Long Term Plans
Definition
finding ways to cut future cost
Term
Short term plans
Definition
Finding ways to cut cost now
Term
Control Plans
Definition
ensure ongoing, cost-efficient maintenance programs.
Term
Cash Flow Statement
Definition
financial statement that shows how changes in balance sheet accounts and income affects cash and cash equivalents , and breaks the analysis down to operating, investing, and financing activities.
Term
Capitalization Rate 
Definition
a rate of return on a real estate investment property based on the expected income that the property will generate.
Term
Avoid it 
Definition
not taking on jobs that prevent risk
Term
Retain it 
Definition
considering certain risk and costs associated and budget accordingly.
Term
Control it 
Definition
Developing plans and policies that promote safety and welfare for employees.
Term
Transfer It
Definition
some risks can be transferred by purchasing insurance.
Term
Location 
Definition
the most important element concerning real estate. Office location must be visible and accessible to the public.
Term
Commingling
Definition
To mingle or mix funds
Term
Commission
Definition
Agents compensation for the performance of the duties of the agency.
Term
Conversion
Definition
using the publics monies for some purpose other than what It is was intended tone use for. Conversion is illegal
Term
"Fair Market,Rental Value"
Definition
the actual periodic rental payment for comparable rental property to which a willing landlord and a willing tenant would agree.
Term
Essential Services
Definition
sanitary plumbing or sewer services, electricity, gas, hot water, cooking, and running water.  Air conditioning is not an essential service its a luxury.
Term
ACCESS
Definition
A landlord or his agent can enter your home between the hours of 9am-6pm for the purpose of providing  regularly scheduled periodic services. Between the hours of 8am-8pm they may enter for the purpose of proving services requested by tenant.
Term
Abandonment 
Definition
The unexplained absence of a tenant for a period 15 DAYS.
Term
Condiminium
Definition
simply air space
Term
Conversion
Definition
use trust funds for a purpose other than the purpose for which they are held.
Term
SC Horizontal Property Act
Definition
Act for condominiums
Term
Fannie Mae 
Definition

adopted new underwriting guidelines which will make financing more difficult to obtain for purchasing condominiums. 

 

Term
Cooperative
Definition
provides for one to receive shares in a non-profit corporation which  allows for the owner of those shares to occupy and own one of the apartments.
Term
PLANNED UNIT DEVELOPMENTS (PUD)
Definition
a special type of subdivision that doesn't have to comply with all standard zoning and subdivision regulations.
Term
The first step in qualifying the tenant is to determine the?
Definition
Space Needed.
Term
Security Deposits must be deposited within how many hours of receipt?
Definition
48 Hours
Term
Graduated/Escalation lease
Definition
clause which provides for an incremental increase in rent over time.
Term
Participation Lease
Definition
Lease arrangement in which a lessors ownership is brought by investors who then share income from the leased asset in proportion to their investment.
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