Doing business in Santa Clara, San Mateo, and Alameda Counties

Call 408-559-5649

Call 408-559-5649

Author Archive

Dave Roberson

David is a licensed real estate attorney, a licensed real estate broker, and has been involved in the real estate business since he graduated from college in 1986. David has personally been involved in hundreds of real estate transactions, has personally inspected over 2,500 residential properties, and is an expert in 12 separate building code categories. He has managed a portfolio of real properties in California and Arizona since 1998.

Property Managers Must Know the Contractors They Refer to Their Clients

Written by Dave Roberson on . Posted in Property Management

In addition to having one’s own list of construction trade vendors professional property managers get bombarded with numerous requests by their clients for the names of contractors; floor guys, cabinet guys, tile guys, plumbers, electricians, handymen, etc.

Before a true professional property manager refers any contractors or any vendors to their clients it is important to make sure you know who they are. Property managers and property management companies should seriously consider asking the following simple but extremely important questions below before referring contractors or vendors to their clients, or even before hiring them to do work on their clients’ properties.

California Multi-Family Residential Real Estate Building Signage

Written by Dave Roberson on . Posted in Property Management

California multi-family rental home owners and property managers need to be educated about appropriate ‘Signage’ for their properties.  The following is a concise list of typical signage at multi-family buildings, rental properties, and neighborhoods.

Responsible Person (At Property) Signage

For 4-15 unit residential properties, if the home owner does not live on-site, a sign must be posted showing the name and address of the property “responsible person”. California Code of Regulations Title 25, Section 42 reads in pertinent part, a supervisor, a manager, a janitor, a housekeeper, or other responsible individual shall live upon the premises and shall have charge of every apartment building in which there are 16 or more apartment houses, and of every hotel in which there are 12 or even more visitor rooms, in the event that the owner of any such apartment house does not live on the premises.

What the Law Requires Property Managers to Know About Lead-Based Paint

Written by Dave Roberson on . Posted in Property Management

Lead, (Pb on the Periodic Table from Chemistry 1A), has been an integral part of human existence for thousands of years.  It has been very useful and instrumental in the development of plumbing, waste disposal, and water diversion systems from early civilizations.

Most importantly lead-based paint was used prolifically up until 1978 to paint the homes, dwellings, and buildings of the United States.  It is estimated that 38 million homes in our country have some form of lead-based paint in the interior or exterior.  Although lead has helped advance our human cause it has also presented hazardous health side effects which required laws restricting its use and requiring disclosures.

Property managers, landlords, and owners who rent for a fee must be aware of the requirements set forth by State and Federal Law before renting, leasing or even selling a property built prior to 1978.

What California Law Requires Property Managers to Know About Smoke Detectors and Smoke Alarms

Written by Dave Roberson on . Posted in For Tenants, Property Management

If you manage properties or rental units for a fee, or you are an individual who rents properties or rental units to people/tenants for a rental fee or leasing fee you should pay attention to what the law requires when it comes to smoke detectors or smoke alarms.  As a landlord you are responsible to know the law; ignorance is no defense to a wrongful death lawsuit or serious fire causing major property damage.

Smoke alarms and smoke detectors are critical residential components which must be handled with care and diligence as they are life-saving and property-saving devices which must not be taken lightly.  The undertaking of managing properties is wrought with legal pitfalls and unknown obstacles, however understanding the law is paramount to being a fiduciary for your client, or being on the right side of the law if something goes wrong.  A new 2014 law in California implements some standards which all property managers and property owners who rent to individuals must be aware of and abide by.

Attorneys’ Fees, Property Managers, Landlords and Tenants

Written by Dave Roberson on . Posted in For Tenants, Property Management

The American rule for attorneys’ fees is that each party bears its own attorneys’ fees and costs unless otherwise specified by contract or statute.  When a contract or statute specifies that the prevailing party is entitled to their reasonable attorneys’ fees and costs, assuming the matter is litigated to conclusion by a court or a jury, the prevailing party can then make a motion for their attorneys’ fees and costs (Motion for Attorneys’ Fees).  The motion is then taxed (Motion to Tax Costs), or opposed, by the opposing party by paperwork, a declaration, and exhibits.

How Property Managers Can Legally Prohibit Smoking in Rental Properties

Written by Dave Roberson on . Posted in Property Management

An owner of rental property including single-family residences and multi-unit apartment buildings can legally prohibit smoking in and around their properties just like they can prohibit pets, too many guests, or too much noise.

In addition to the obvious health related reasons and rationale for eliminating smoking in rental units by reducing or preventing exposure to secondhand smoke, a no-smoking policy can also reduce risks of fire which may lead to reduced insurance premiums for the properties. 

Property Manager Education about Carbon Monoxide Detectors is Critical

Written by Dave Roberson on . Posted in Property Management

Carbon monoxide (CO) is an odorless, invisible gas produced when any fuel such as natural gas, kerosene, wood, oil or even common barbecue charcoal is burned.   At high levels without proper ventilation carbon monoxide can kill humans in a very short period of time, even after just a few minutes.  Moreover, there is credible research that acute exposure or poisoning by carbon monoxide can cause chronic health effects such as lethargy, severe headaches, amnesia, psychosis, concentration problems, memory impairment, personality alterations, and even Parkinson’s disease.

New Shared Fence Law Effects Property Managers and Rental Property Management Companies

Written by Dave Roberson on . Posted in Property Management

Have you ever heard “Good fences make good neighbors?”  Now, adjoining landowners are statutorily equally responsible for shared fences and boundary fences pursuant to California Civil Code Section 841 which took effect January 1, 2014.  Adjoining or contiguous landowners are now faced with a presumption that because they share an equal benefit of a shared or boundary fence that they are equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.   Property managers or rental property management companies whose clients’ properties are affected by this new law must be mindful of the change and be aware of the procedural requirements dictated by the state legislature.

How To Teminate Your Property Management Company

Written by Dave Roberson on . Posted in Property Management

If you are the least bit concerned about the management of your investment property ,remember the old adage, “Where there is smoke, there is fire!”  Nine times out of ten when there is a significant lack of communication, if the results in your monthly statements continue to disappoint, and if your property manager has overpromised and under-delivered, it is time to say good-bye.

Property Management, Investment Property Tax Deductions, and Tax Strategies for Real Estate Professionals

Written by Dave Roberson on . Posted in Property Management

The cost of hiring a property management company to handle investment properties is significantly less than most property owners believe.  Investment property owners who manage their own property with the idea that property management costs are too much might be mistaken as to the actual real costs.

Additionally, a large percentage of property owners do not take advantage of all of the tax strategies available to them.  For example, if a property owner manages their investment portfolio out of their home office there may be some business related items they are not expensing.  Interest in all forms including mortgage interest, equity lines of credit interest, and any business loan interest are all expenses which are typically deductible.  Losses like casualties, disasters, and thefts are expenses which properly accounted for are deductible.

The most overlooked deduction is depreciation on investment properties, and for real estate professionals as defined by IRC 179, an investment property owner can supercharge their depreciation deductions.  To maximize one’s return on investment each property owner should educate themselves about tax strategies, and thoroughly evaluate their entire tax planning roadmap with a tax attorney or competent certified public accountant.

Silicon Valley Property
Management Group

1900 Camden Avenue
San Jose, CA 95124
408-559-5649

We manage residential and commercial rental properties in San Jose, Campbell, Saratoga, Los Gatos, Sunnyvale, Cupertino, Palo Alto, Menlo Park, Mountain View, Los Altos Hills and every point in between.

They get things done right and right away

★★★★★
5
Great services organization. They get things done right and right away, highly professional and no nonsense. I would highly recommend this firm for leasing or renting/selling a property.
- Eric Frazier
Overall rating: ★★★★★ 5 based on 1 reviews

CA RE Broker #01942886