GETTING YOUR HOME READY TO SELL?

If you are considering selling your current home in the new year, there are several design features that are huge "turn offs" for the average looking home buyer.

What are they?

1. Acoustic or "popcorn" ceilings gotta go! Hire a pro to make this go away and update the look of your home. The rooms will look more open, brighter and a lot cleaner.

2. Today's buyers do not want carpeting all over the home. Opt for wood floors in as many rooms as you can afford. If you have carpeting, make sure it is free of spots, clean and always vacuumed.

3. Anything "brass" has gotta go, since these are considered a dated look.Consider either oil rubbed bronze or satin nickel finishes for faucets, lighting, door knobs, cabinet knobs, etc. This is a fix that you can accomplish on your own.

 4. Get new lighting over the vanity areas of your bathrooms. Those "hollywood" strips date a home and new ones are an easy way to update that bathroom. Make the new vanity light match your faucet.

Consider making a few basic changes to your home to get the new homebuyer interested in your home.

Call Total Renaissance to help!  Thanks to Tamara Hyland of Total Renaissance Construction and Renovations as our guest blogger.

Extinguishing the Flames

Safe Practices to Prevent Home Fires 

Most in-home fires are caused by ordinary things like a stove burner, candle, space heater or extension cord. Mental lapses, poor judgment and carelessness make these things dangerous. Thankfully, by exercising good safety habits and taking simple prevention steps, you can cut down on deadly and damaging fire risks.

First, always be sure your smoke alarms are working. Test them monthly and replace those that are more than 10 years old.

Cooktops. Never leave the kitchen while something is cooking on the stove. Keep combustibles, such as curtains and wall hangings, at least three feet from the stove.

Space heaters. Keep them at least three feet away from drapes and bedding, and plug them directly into outlets, not extension cords. Don’t use space heaters while sleeping.

Wood stoves and fireplaces. Empty ashes in a metal container and store them outside away from combustibles for at least a week before disposing of them in the trash. Be sure your chimney is inspected and cleaned annually. Keep any combustibles at least five feet away from the stove or fireplace.

Electrical equipment. Replace undersized or frayed extension cords. Never run an extension cord under a rug. Call an electrician if circuit breakers regularly trip or if your electrical box has a warm cover. Don’t use light bulbs that exceed a fixture’s recommended maximum wattage.

Appliances. Ensure combustion chamber covers are in place on water heaters. Clean all lint from a dryer’s back service panel and from the vent line. Replace vinyl vent lines with smooth, metal ducts.

Smoking. Don’t smoke in bed. Use large ashtrays on tables. Soak ashtrays under the faucet before throwing cigarette butts in the trash.

Candles. Use tip-proof containers. Burn candles only while you’re awake and in the same room. Keep candles at least three feet away from combustibles.

Matches and lighters. Store out of the reach of children.

Deadline Nears for HOA Management Certificates

Is your association in compliance with state law?

Time is running out for community associations to re-file their management certificates in accordance with a recent amendment to state law.  The 83^rd Legislature of Texas amended Section 209.004 of the Texas Property requiring county clerks of the county in which the management certificate is filed to index the document as a “Property Owners’ Association Management Certificate.”  

The House Bill containing the amendment to the Texas Property Code additionally issued a mandate requiring community associations to file management certificates not later than January 1, 2014.  This mandate is in place even if the community association already had a management certificate on file prior to the enactment of the amendment. 

Those community associations that do not re-file their management certificate before January 1, 2014 run the risk of violating state law.  Management certificates should contain the following information:

            (1)  the name of the subdivision;

(2)  the name of the association;

(3)  the recording data for the subdivision;

(4)  the recording data for the declaration;

(5)  the name and mailing address of the association;

(6)  the name and mailing address of the person managing the association or the association's designated representative; and

(7)  other information the association considers appropriate.

In light of the manner in which county clerks must index management certificates, the best practice is to title the management certificate, “Property Owners’ Association Management Certificate for ‘ABC Community Association, Inc.’” There will be no question for the clerk in terms of indexing. 

While it is not necessarily required under the Texas Property Code, another best practice is to attach a list of all recorded documents affecting the community to the management certificate.  The statute only requires the recording information for the subdivision and declaration; however, it is a good idea to also include the recording data for the certificate of incorporation, bylaws, policies, rules and regulations, guidelines and any amendments or supplements thereto.

In practicing this approach, it provides a great snapshot of the community and the documents affecting it to current owners, potential owners, title companies, realtors, board members and management.  Transparency strengthens any community and the immeasurable benefit obtained from attaching a list of dedicatory instruments to a management certificate is well worth the extra step.

 

Check with your community manager or legal counsel to ensure that your community association is in compliance with this new legislation.  We want all community associations to ring in the New Year in full compliance with the Texas Property Code.

Brady E. Ortego, of Roberts, Markel, Weinberg, PC, is an attorney specializing in community association law.  He is a frequent author and educator on issues affecting community associations and is active in community association industry support groups such as the Community Associations Institute.