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Entries from December 1, 2009 - December 31, 2009

Thursday
Dec172009

Property Management Accounting: How to Read a Bill

There are some important things to take into consideration when reading a bill before entering it into your accounting system and then paying it.  Below I have put together a step-by-step guide to easily recognize, record and pay an account payable to your company or business.

  • Step 1:  Locate who the bill is addressed to. This will help determine if it is your bill or if it is for a certain property that you account for. It might not even be your bill. A company I know of paid a utility bill for seven years they weren’t responsible for.
  • Step 2:  Read the Vendor Name. Is the vendor an existing vendor or a new vendor? New vendors typically need some form of authorization from a department, supervisor or an individual heading up a special/new project.   This is also a good way to catch fraudulent billing (particularly vendors posing as governmental agencies).
  • Step 3: Invoice or Statement? Always look for an invoice number.  An invoice number is required to distinguish one invoice from another.  A Statement might list an account number, but not an invoice number.  As a rule you should never pay from a statement, because they are used to recap invoices already sent.  A company can send you copies of any invoice on a statement.  There is a good chance you have already paid the invoice listed on the statement, since statements typically come at the end of a billing period.
  • Step 4:  Locate any irregularities such as prior balances, increases, or credits.  If there is a prior balance, always check your accounting for a check that might have already been cut for that amount.  You do not want to pay twice.  If your bill has drastically increased or decreased, you want to find out why before you pay.
  • Step 5:  Check the service or serviced dates.  Make sure that dates do not overlap or have already been billed on another invoice.  This also protects you from paying twice for the same service.  Also make sure these dates correspond with the total invoiced amount. 
  • Step 6:  What is it for?  What service or product was provided?  Make sure the description is clear, meter readings are correct, etc.  This will help the accuracy of accounting, researching and disputing charges, and identifying potential problems.  We caught a serious problem with one of our telephone lines when the usage quadrupled in a month. 
  • Step 7: Identify expense account(s). Locate what account(s) this bill will be expensed to.  Do this from the beginning, because you don’t want to spend time fixing inaccurate accounting.  An easy way to account for a regular bill is to create a recurring expense account that will pop up when a certain vendor is entered into the accounting system.  This will also save you time in accounting time and/or labor paid for accounting.
  • Step 8:  Check the due date.  You don’t want to pay your bill late.  Check the terms, which will typically be net 10, 15 or 30.  This is saying the bill is due either 10, 15 or 30 days from the invoice date.  Due dates are usually at the top of your bill or on the remittance slip, if there is one.  Also notice any late fees or interest on the balance due when the bill is paid late.
  • Step 9: Payment.  Be sure to know how you can pay your bill.  Some vendors have many payment options (online, by phone, by ACH, etc.) while others may only accept checks or credit cards.  If there is a remittance slip, remember to include it with your payment.  This is the best way to ensure the vendor accounts for your payment.
  • Step 10:  Any additional information?  Sometimes a vendor has extra information about your account listed on the invoice.  The company could be closed on a certain day, there may be a change in service, discontinuation of a certain product or worse yet, an increase in interest rates.
Tuesday
Dec152009

New Year's Resolutions for a Property Owner 

Below is Merrie’s most recent article for the San Francisco Examiner. 

 

Success?  Failure?

If you are thinking about New Year resolutions or changes you need to make for 2010, consider my 10 rules for success for property owners and managers.  These guiding principles will take you a long way when you are faced with a difficult question or a hard to solve problem.  

1. Treat every applicant, resident, vendor, team member or client the way you would want your family members to be treated.  This rule of thumb will help you get past those instances when someone has angered you or done something that clouds your judgement.  To get past those moments, personalize the individual.  How would you want your sister or brother to be treated? 

2. Whenever negotiating, avoid giving an immediate answer by indicating you have to get an “OK” or approval from your boss, partner or spouse. This gives you time to carefully consider your response without immediate pressure. Tell the party when you will get back to them with a response; and then remember to keep to your word.

3. When in doubt, document, document, and document!  Document in writing or in pictures.  But DOCUMENT! · If you don’t document, it didn’t happen.  No one wants to believe what a “landlord” remembers.

4. NEVER burn a bridge. Remember this wherever you do business.  It’s a small world and getting smaller.

5. Always have an open mind. Do not become rigid in following your policies, or you may miss the time you are legally required to bend your rules.

6. Whatever you say, do, or write, expect that it will show up on the front page of your local paper. There is no such thing as “off the record” or “just between you and me”.  In this day of instant electronic messaging and pictures, your actions and words can be immediately broadcast to the world.

7. Never do someone a favor, unless you are willing to that same favor for all of your tenants, residents or vendors. Favors have a way of becoming your job!

8. Always remember, the rental unit you are responsible for is the home of your resident.  It is an investment and a business for you; but it is the place they come to rest, feel protected and make the memories of their life. Don’t ever underestimate the importance of this fact.

9. Be consistent with your policies, procedures and actions. Don’t vary from your rules, as it will only get you in trouble.  Making spur of the moment exceptions will result in inconsistencies and errors.  Follow your own rules.  If you need to make an exception, change or modify the rule!  And, don’t forget to document!  

10. Don’t cut corners or take shortcuts. Take the extra time to solve a problem or make a repair once. In the long run, it will save you time and money!

These rules of thumb, while simple, have served Lightner Property Group well over the years.  Let me know what your guiding principles are for your rental business.

 

Thursday
Dec102009

The passage of the expansion of eviction controls 

On Tuesday at the Board of Supervisors meeting, the Avalos Just Cause Eviction Rent Ordinance Amendment was passed at its first reading 7-4.  This was just one day after the legislation was moved out of the Land Use and Economic Development Committee (Members: Chair Maxwell, Mar, and Chiu) which had voted to refer the legislation to the full Board.

The Amendment would expand the coverage of Just Cause Eviction Controls to post 1979 residential units. As a result, if signed by the Mayor or if a Mayoral veto is overridden, future new residential construction in San Francisco will be subject to the 15 Just Cause eviction controls of the Ordinance.

While passed, the vote count is seen by all as a defeat of the legislation.  With four votes against the Amendment, it can not withstand a mayoral veto.  Since Mayor Newsom has indicated he is not inclined to sign the Amendment into law, the  4 votes against the amendment means the legislation cannot become law.

Of course, votes can and do change and so it is probably too early for anyone to celebrate.  In San Francisco caution is the best political insurance.   

The justification anthem behind the amendment time after time was the “Fairness Doctrine”:  The reasoning being that residents of post 1979 buildings should have just cause eviction protections because residents of pre-1979 buildings have just cause eviction protections. That is the sum and substance of the argument.  This justification was repeatedly supported by the anecdotal statements of housing rights advocates that there is a serious problem.  No verifiable statistics were ever provided to support the claimed need.     

Interestingly, no one made the reverse fairness argument - the protections should be removed from pre-1979 buildings because the landlords of post 1979 do not have the burden. Since landlords of post-1979 buildings do not have these controls, why should the pre-1979 landlords suffer this burden?

During Monday’s Committee hearing testimony, two very surprising, deep information-holes were revealed.

Where have all the lenders gone?
First, while there were many references to what lenders would do when faced with future leading decisions, there was no actual verifiable information from local lenders. No lenders appeared at Monday’s hearing.  No one offered letters from lenders. Instead, broad, vague and misleading statements were made on behalf of mostly faceless lenders.

It does not take a leap of faith to understand and recognize this change would have a negative impact.  Lending is already going through dramatic changes resulting from the economic melt-down and regulation modifications.  Taking action which impacts the value of a security asset will impact the way lenders underwrite loans for existing housing, as well as the loans for new construction. 

While the advocates argue this isn’t rent control, that is little comfort to a new housing developer who is taking a tremendous economic risk in developing housing.  As a developer and someone who sits on a community bank board, as well as on a loan committee, in my opinion this will have a seriously negative impact on the development of new market rate rental housing in San Francisco. 

And given the complexities of the financing of below-market rate housing, it remains to be seen what the real impact will be on that housing.  It would not surprise me to learn that there will be conflicts between our local laws and the regulations imposed on the financing packages.  Those are so complicated, I doubt anyone really knows or yet fully appreciates the impact. 

The cost of a just cause eviction
The second information vacuum was the lack of understanding of the cost of a just-cause eviction. Many of the tenant advocates repeatedly stated that a just cause eviction is no more expensive than any other eviction. This allegation is strongly disagreed with by the property owner community who argue there is a significant cost difference.

Where is the cost increase?
Yes, the filing fees are the same. But the increased cost are not found in the routine expenses. The increased costs are hidden. The increase in costs is found in the increased risk and in the risk avoidance business practices adopted by the housing provider as a result. The increased risk that the owner or manager will make a minor technical error or misread the law, or misunderstand something translates into real dollars in the form of productivity, out of pocket expenses and litigation expenses.

Ask any owner or manager.  The cost of a technical error for a routine non-just cause notice to vacate or eviction is that you might lose some time. The cost of a technical or procedural error for a just cause notice to vacate, or eviction means you will likely be successfully sued.  Once sued, it is likely the owner or the owner’s insurance company will pay out some form of settlement.  This payment will be made irrespective of whether anyone has actually been harmed.  Landlords, managers and landlord-tenant attorneys routinely report that even the silliest of wrongful eviction cases can settle for tens of thousands of dollars; and a serious error can easily reach a 6 figure settlement.

If a landlord fails to dot the “I” or cross the “t”, they expose themselves to potential costs in the tens of thousands of dollars for unintentional, often harmless, errors.  And once sued, the incidental costs mount rapidly.

The incidental costs of a wrongful eviction claim

  • First, there is the cost of time. It takes dozens to hundreds of hours to participate in the defense of a wrongful eviction claim.
  • Then there is the cost that an owner is now labeled an increased risk by the insurance carrier. This reputation cost can spill over into other business ratings.
  • The insurance carrier may decline to rewrite the owners insurance policy at a time when insurance is not all that easy to find.  The loss of insurance coverage is a serious problem in a state where insurance is becoming increasingly difficult to place.
  • Finally there is a significant emotional cost.  Few people want to recognize the emotional damage done to an owner and the business when sued but it is only logical that any lawsuit is a major event in ones life.  The fear a landlord feels when sued is just as real as the fear felt by a resident when sued. 

At the end of Monday’s Committee hearing public comment and the discussion, it was obvious the members of the Committee had a pre-defined result and timetable in mind.  It was acknowledged there were additional amendments necessary to fix technical problems already identified by the Committee.  But Supervisor Avalos was unwilling to wait for the corrections to fix his legislation. He was noticeably anxious to get the flawed language out of Committee and on to the full Board.

None of these needed corrections were addressed at the full Board meeting.  The legislation was passed without amendment, despite the comments on Monday regarding the need for additional technical corrections. 

There will be a second vote, after which the legislation moves to the Mayor, where it is expected to be vetoed.  At present there are four votes to sustain that veto, but you can bet there will be serious lobbying efforts by the property owner and tenant communities in an effort to protect or change that important vote count.     

________________________________________________

A prior version of this article was published at Examiner.com.  Merrie Turner Lightner is the SF Rental Business Examiner for www.Examiner.com.