Senate Government and Environment Passes HOA Omnibus

Hello readers,I thought I would pass on some very interesting information that I received from the Arizona Association of Realtors, The Capitol Insider, regarding the most recent legislative updates for HOAs. Informative reading!

Senate Government and Environment Passes HOA Omnibus

This past Monday, the Senate Government and Environment Committee listened to testimony and voted on SB 1482: homeowners' association’s amendments; omnibus. The bill reintroduces the protections for homeowners and tenants against homeowners associations that was passed by the legislature in 2013 and signed by the governor, but ultimately challenged in court based on the “single subject rule” of the constitution. 
In committee, the Arizona Association of REALTORS® and a representative from the Arizona Association of Community Managers spoke in favor of the legislation. Additionally, as a result of the numerous stakeholder meetings that took place during the interim, all stakeholders involved in the process signed in support of the legislation and no one signed in opposition of the bill. The bill did not receive any questions from the senators on the committee and resulted in the positive vote of six ayes, zero nays, and one not voting. The next step for SB 1482 will be the Senate Rules Committee where it will be determined to be constitutional.
Provisions of the bill as it relates to rental properties:

• Permits an owner of a condominium unit and planned community’s owners to rent their property, unless prohibited in the declaration, and requires the owner to comply with the declaration’s rental time-period restrictions.
• Allows an owner to make a written designation to the HOA, of a third party to act as the person’s agent with respect to all HOA matters relating to the rental property except voting in HOA elections and serving on the board of directors.
• Specifies that a HOA notice to an agent regarding the property constitutes notice to the owner.
• Prohibits a HOA from requiring any tenant information other than: the name and contact information for the adult tenants, the lease’s beginning and ending dates, a description and the license plate number of the tenants’ vehicles, and a government-issued ID that confirms the tenant meets the communities’ age restrictions, if any.
• Permits a HOA to charge a maximum fee of $25 for the permitted disclosures to be paid within 15-days after the postmarked request.
• Authorizes the fee to be charged for each new tenancy, but not for a lease renewal.
• Prohibits a HOA or managing agent from assessing, levying or charging any other fee or fine or otherwise imposing a requirement on a rental unit or property any differently than on an owner-occupied property.
• Prohibits a HOA from:
  • requiring an owner to provide the HOA with a copy of the tenants rental application, credit report, lease agreement, rental contract or other personal information;
  • requiring the tenant to sign a waiver or other document limiting the tenant’s due process rights as a condition of occupancy;
  • restricting or prohibiting an owner from serving on the board of directors based on the owner not being an occupant of the property; or
  • imposing on an owner or managing agent any fee, assessment, penalty or other charge that is greater than $15 for incomplete or late information regarding the information the HOA is permitted to request.   
• Stipulates that any attempt by an HOA to exceed either fee, voids the fee.
• Specifies that a HOA can acquire a credit report on a person in an attempt to collect a debt.
• Establishes that the requirements and restrictions within the bill, do not prevent a HOA from:
  • complying with the Housing for Older Persons Act of 1995;
  • restricting, in the community documents, the residency of class two or three registered sex offenders; or
  • the enforcement of such residency restrictions.
• Permits an owner to use a crime-free addendum as part of a lease agreement.
• Requires owners to abate the criminal activity of the nuisance property.

As an agent, I make it a point to ensure my Buyers are well aware of the HOA rules prior to purchasing a home because it all figures in to their happiness and respect for me as an agent. And isn't that the way it should be?

To Your Home Buying Success!

Mai
maicalev.com

Current Stats for Metro Phoenix, AZ

Well, depending on what side of the table you are sitting on, this information can be viewed either way.  For a short while, at least the previous 2 months, I have been telling my clients and customers that we were in what I believed to be a "balanced" market.  The stats that the Arizona Regional Multiple Listing Services just released confirmed that my belief was right, but the speculation now, is that we are going to move into a "Buyers" market again - at least here in the metro Phoenix, area. 

Some experts believe, and are touting, that 2014 is going to be the year that the real estate market corrects itself.  I am not as optimistic.  Not because I am a negative Nellie.  It s because the employment stats, coupled with all of the new lending regulations are going to cause havoc in the market... at least initially.

The following stats are based on year-over-year "yoy" or month-over-month, "mom" stats for the years 2012 - 2013, and then January 2013-January 2014.  You can call me with any questions you may have if you need to.

The "yoy" number of sales are -17.1% and "mom" -19.6%

New inventory "yoy" is up (this is good news for Buyers) +10.7% and "mom" +79.5%.

Sales prices are up "yoy" 17.8% and "mom" 16.5%.

With an average of 79 days on the market.

If you would like to find out how much your property is worth, go to www.gr8realest8.com.

If you are in the market to purchase commercial or residential properties in the metro Phoenix area, I am here to help - simply email me at maicalevnumber1realtor@gmail.com or call 602-334-3269.  I am here to assist you with all of your real estate needs.

Arizona Real Estate - Is it a Buyer's Market or a Seller's Market?

Like many other Realtors in the state of Arizona, and across the nation for that matter, I have been glued to the changes taking place in our industry - from new lending laws that impact qualifications to seller carry offers.  The one thing I am noticing as I move forward in the market is that it appears to be flat.  I am hearing all around me how the market is in a rebound.  And, perhaps in some fashion it is.  Prices are a little higher, and are holding; however, I am finding that the volume of Buyers vs. the volume of Sellers is about equal, which makes for a stagnate market.

Below is a weekly report that I get from my contact, Gary, at Aaron Lending.  If you find you are in the market for a lender, give Gary a try.  Afterall, he put together a terrific article. gary@aaronlending.com

Last Week in Review: The housing market continues to show signs of improvement, while consumers end 2013 with higher confidence. Forecast for the Week: Job market data will be prevalent this week. Plus, the minutes from the December meeting of the Federal Open Market Committee will be released. View: Check out this easy tip for managing anxiety during public speaking.

Last Week in Review

Time will tell. As 2014 marches along, time will tell us what impact the Fed's tapering of its Bond purchase program will have on home loan rates. Remember that the Fed had been purchasing $85 billion in Bonds and Treasuries each month to stimulate the economy and housing market. Starting this month, the Fed will now purchase $40 billion in Treasuries and $35 billion in Mortgage Bonds (the type of Bonds on which home loan rates are based). The decision to further taper these purchases will be dependent on economic data. Speaking of economic data, Consumer Confidence rose to 78.1 in December, rebounding from the lows hit in October and early November due to the government shutdown. In housing news, the S&P/Case Shiller Home Price 20-City Index rose by 13.6 percent year-over-year in October. This was just below expectations, but up from the 13.2 percent annual gain recorded in September. Pending Home Sales for November ticked up slightly, while New Home Sales fell slightly to an annual rate of 464,000 units. However, the number of New Home Sales for October was revised up to 474,000, which was the highest level since July 2008. Overall, the housing market continues to improve. What does this mean for home loan rates? The Fed will be closely monitoring economic reports in the coming weeks and months as it decides when to further taper its Bond purchases. The timing of further tapering could have a big impact on Mortgage Bonds and home loan rates this year. This is a key story to watch in 2014. The bottom line is that now remains a great time to consider a home purchase or refinance, as home loan rates remain attractive compared to historical levels. Let me know if I can answer any questions at all for you or your clients.

Forecast for the Week

Job market data will be front and center during the first full week of January. The week kicks off with the ISM Services Index on Monday. Wednesday will bring the first leg of the week's jobs data with the ADP National Employment Report. As usual, Thursday brings Weekly Initial Jobless Claims, which have been jumping around due to the holiday seasonal job market. That leads us to Friday's Non-farm Payrolls and the Unemployment Rate, which will be closely dissected by both Wall Street and the Federal Reserve. In addition, the minutes from the Fed's December meeting of the Federal Open Market Committee will be released Wednesday and these always have the potential to move the markets. Remember: Weak economic news normally causes money to flow out of Stocks and into Bonds, helping Bonds and home loan rates improve, while strong economic news normally has the opposite result. The chart below shows Mortgage Backed Securities (MBS), which are the type of Bond that home loan rates are based on. When you see these Bond prices moving higher, it means home loan rates are improving — and when they are moving lower, home loan rates are getting worse. To go one step further -- a red "candle" means that MBS worsened during the day, while a green "candle" means MBS improved during the day. Depending on how dramatic the changes were on any given day, this can cause rate changes throughout the day, as well as on the rate sheets we start with each morning. As you can see in the chart below, Mortgage Bonds have been caught in a tight trading range. Home loan rates remain attractive compared to historical levels and I'll be monitoring them closely. Chart: Fannie Mae 4.0% Mortgage Bond (Friday Jan 03, 2014)

The Mortgage Market Guide View...

Getting Up Front Anxiety Management for Public Speakers Speaking with clients, referral partners, or prospects one-to-one is a skill most people in business have already mastered. But when it comes to public speaking, confidence is not as easy to come by. And it's easy to be a little envious of those who have the ability, since the benefits of being able to deliver a message one-to-many are numerous: overcoming fear, boosting self-esteem, honing critical-thinking and analysis skills, improving communication and networking opportunities, expanding your personal brand, getting more business, and impressing your audience... and your boss, if you have one. You may not be more afraid of public speaking than death but that doesn't mean you won't get a serious case of the jitters. The standard prescription used is to find ways to force yourself to relax and calm down before giving your presentation. Except, this isn't the most effective way to channel that nervous energy. New Harvard Business School research shows getting excited reduces performance anxiety better than trying to calm down. "Anxiety is incredibly pervasive," says Alison Wood Brooks, PhD., author of the study. "People have a very strong intuition that trying to calm down is the best way to cope with their anxiety, but that can be very difficult and ineffective. When people feel anxious and try to calm down, they are thinking about all the things that could go badly. When they are excited, they are thinking about how things could go well." Because both anxiety and excitement are highly charged emotional states, it's easier to convince yourself that your anxiety is actually excitement, rather than try to convince yourself you're not anxious at all. Brooks says, "When you feel anxious, you're ruminating too much and focusing on potential threats. In those circumstances, people should try to focus on the potential opportunities. It really does pay to be positive, and people should say they are excited...even if they don't believe it at first." So, what's the best strategy? Dr. Brooks recommends that prior to any presentation you should tell yourself you're excited and forget about trying to calm down. In fact, simply saying "I'm excited!" out loud will naturally increase your feelings of excitement and get you pumped about the rewards of public speaking that are about to be yours! Give this helpful tip a try on your next public talk, and feel free to pass these tips along to your team, clients, and colleagues. Economic Calendar for the Week of January 06 - January 10 Date ET Economic Report For Estimate Actual Prior Impact Mon. January 06 10:00 ISM Services Index Dec 53.0   53.9 Moderate Wed. January 08 08:15 ADP National Employment Report Dec 185K   215K HIGH Wed. January 08 02:00 FOMC Minutes 12/18 NA   NA HIGH Thu. January 09 08:30 Jobless Claims (Initial) 1/4 340K   339K Moderate Fri. January 10 08:30 Non-farm Payrolls Dec 199K   203K HIGH Fri. January 10 08:30 Unemployment Rate Dec 7.1%   7.0% HIGH Fri. January 10 08:30 Average Work Week Dec 34.5   34.5 HIGH Fri. January 10 08:30 Hourly Earnings Dec 0.2%   0.2% HIGH

The material contained in this newsletter is provided by a third party to real estate, financial services and other professionals only for their use and the use of their clients. The material provided is for informational and educational purposes only and should not be construed as investment and/or mortgage advice. Although the material is deemed to be accurate and reliable, we do not make any representations as to its accuracy or completeness and as a result, there is no guarantee it is without errors. As your mortgage professional, I am sending you the MMG WEEKLY because I am committed to keeping you updated on the economic events that impact interest rates and how they may affect you. Thanks, Gary, for the terrific insight.