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RichardE10 (California)
Posts: 18
Posted:
Our managing agent handles the requests from escrow agents when any of our owners sell their units. The managing agent has set the fees, not our HOA. The fees are billed by and received by the managing agent. Our HOA has zero participation. The managing agent is charging $495 for a "documents" fee and $750 for a "transfer" fee. Is this unusual, to have TWO fees, especially when the second fee is very high.
BillH10 (Texas)
Posts: 1,217
Posted:
Richard

I am not familiar with current California practices and charges as I moved from the state some years ago.

In North Texas I have seen charges for preparation of the Resale Certificate Package range from $50.00 to at least $300.00. We charge $250 for preparation of the package including up to 3 hours of additional "time" for preparation of forms from lenders, consultations with anyone involved, etc. After there hours we charge $85.00 per hour.

The declaration of one of our clients requires the collection at closing of a Reserve Fund Contribution equal to 2 months of the regular assessment, it may be paid by the buyer, seller, agents or split between the parties. Otherwise, although I have heard of and am asked about transfer fees, we do not charge a transfer fee nor do the documents of our clients address transfer fees.
GenoS (Florida)
Posts: 4,276
Posted:
By way of contrast, Florida sets a limit of $100 that may be charged as "transfer fees" and the authority to collect such must be in an HOA's governing documents. Unscrupulous parties have attemped - and often succeeded - in charging much, much more than that. I'd agree in a heartbeat that the $100 limit is way too low, but it is what it is until the legislature changes it. I'm not familiar with how all that works in California, but over a thousand dollars in multiple fees sounds excessive.
JohnC77 (California)
Posts: 562
Posted:
In California, there are different rules for HOA's than there are for management company. There is a limit a HOA can collect, say if they were self managed. Management companies, unlike HOA's are for profit and don't fall in the same category as the HOA. Typically, I see $500.00 for all documents and demands, as required by California statues and $250.00 for a transfer fee. I have seen a transfer fee as low as $100.00 and as high as $400.00.

In condos I have seen fees such as movie-in and move-out as high as $500.00 EACH.
CD6 (Texas)
Posts: 34
Posted:
In Texas, self managed HOA,

$100 Resale Certificate
$25 HOA dues request
$100 Transfer fee (due within 14 days of closing)

The first two are payable up front
due to some title companies not paying
at all.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By RichardE10 on 08/20/2020 11:29 AM
Our managing agent handles the requests from escrow agents when any of our owners sell their units. The managing agent has set the fees, not our HOA. The fees are billed by and received by the managing agent. Our HOA has zero participation. The managing agent is charging $495 for a "documents" fee and $750 for a "transfer" fee. Is this unusual, to have TWO fees, especially when the second fee is very high.

Outrageous is what I would call it. Our MC charges $120.00. We see none of it.
BillH10 (Texas)
Posts: 1,217
Posted:
John

Why should the HOA see "any of it"? It is the management company which must prepare the documents, field the telephone calls, email, and form completion request. All the expense is incurred by the MC, not the HOA or condo association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BillH10 on 08/20/2020 2:35 PM
John

Why should the HOA see "any of it"? It is the management company which must prepare the documents, field the telephone calls, email, and form completion request. All the expense is incurred by the MC, not the HOA or condo association.

I did not say they should but I believe in some situations, they do. All in the contract, even if outrageous fees and things I do not agree with. If in the contract, they are legal.
BarbaraT1 (Texas)
Posts: 821
Posted:
This is a profit source for management companies. I've worked for several, and they all charged somewhere between $300-$750 for the resale package, depending on how quickly the seller wants it. Transfer fees $100-$250.

There will usually be a department or at least a designated employee that does nothing but handle resales and the fees offset the cost of those employees.

And, generate profit. I get why people don't like to pay but...it's capitalism, y'all. Management companies are in it to make money, like every other business owner.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By BarbaraT1 on 08/20/2020 4:48 PM
This is a profit source for management companies. I've worked for several, and they all charged somewhere between $300-$750 for the resale package, depending on how quickly the seller wants it. Transfer fees $100-$250.

In Florida the resale package would also be considered a transfer fee. PMs went to great lengths to characterize some of their resale documentation products as "not transfer fees" and all those arguments were deemed disingenuous.
JohnC77 (California)
Posts: 562
Posted:
Quote:
Posted By GenoS on 08/20/2020 6:56 PM
Posted By BarbaraT1 on 08/20/2020 4:48 PM
This is a profit source for management companies. I've worked for several, and they all charged somewhere between $300-$750 for the resale package, depending on how quickly the seller wants it. Transfer fees $100-$250.

In Florida the resale package would also be considered a transfer fee. PMs went to great lengths to characterize some of their resale documentation products as "not transfer fees" and all those arguments were deemed disingenuous.

Most people I know would consider a "transfer fee" as a fee moving the records of a property address from one owner to another. We can argue what is an appropriate price until both are blue in the face, but it is a legitimate fee.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JohnC77 on 08/20/2020 8:28 PM
Most people I know would consider a "transfer fee" as a fee moving the records of a property address from one owner to another. We can argue what is an appropriate price until both are blue in the face, but it is a legitimate fee.

Sure, it's legitimate. And in Florida you can only charge $100 maximum to do it. It's got nothing to do with anyone arguing about it.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GenoS on 08/21/2020 3:59 PM
Posted By JohnC77 on 08/20/2020 8:28 PM
Most people I know would consider a "transfer fee" as a fee moving the records of a property address from one owner to another. We can argue what is an appropriate price until both are blue in the face, but it is a legitimate fee.

Sure, it's legitimate. And in Florida you can only charge $100 maximum to do it. It's got nothing to do with anyone arguing about it.

I agree it is legal but capping it at $100.00 is to little while in the case of the OP the bottom line was $1,200.00.
BarbaraT1 (Texas)
Posts: 821
Posted:
I can see the logic in capping it. Self managed HOAs might be using transfer fees as income, rather than raising the assessments. Management companies use transfer fees to boost income so they can keep their base fees lower.

I think it would be better for the management industry to break the cycle of low fees-low wages-high turnover by charging clients enough to be able to attract and retain good managers. And it would be better for associations to have boards that are willing to raise the assessments when needed rather than look for other ways to generate income and keep kicking that underfunded can down the road for future homeowners to deal with.
BillH10 (Texas)
Posts: 1,217
Posted:
Barbara

In our experience, the preparation of the Resale Certificate Documents, creating a new owner account in the accounting system, and preparing a welcome package takes only 60 to 90 minutes. The expense driver for us the amount of time we subsequently spend interacting with and answering questions from agents, lenders, the title company, inspectors, the seller, sometimes the buyer, sometimes contractors, and others. Also, the additional forms we are asked to complete require time.

We tell our client boards about the Resale Certificate Preparation charge, we also explain it to the buyer as soon as we learn a property has been listed for sale.

Since the associations we manage do not benefit from the preparation charges, they are not deriving any additional income from the process. We last took on new clients 11 months ago, we asked to see their balance sheet and ACORD for the D&O insurance before we got too far into the discussion with the potential clients as we have learned the hard way it generates too many headaches to take on clients who do not have the proper insurance or adequate funds in their operating and replacement/reserve accounts.

BarbaraT1 (Texas)
Posts: 821
Posted:
Bill, I know your clients don't get any income from resale fees. That's why I said "self managed" associations could use it as an income source.

I have worked for three large management companies and have been part of the team making presentations to potential clients. In each of those companies, the practice was to lowball the monthly management fee and make up for it in schedule A fees and resale certificates. I've literally had VPs say "Boards don't care what we charge for resales because the association doesn't have to pay it." And if sellers are upset about having to pay $700 to move out who cares, they're moving out.

At a home closing, everyone's got their hand out. Realtors, builders, title companies, hoas.

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