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October 2015 CAR Report

posted Oct 26, 2015, 9:16 AM by Richard D'Ascoli   [ updated Oct 29, 2015, 6:25 PM ]

Nikki Coppa, CAR Director, Vice-Chair of Standard Forms Advisory Committee, Vice-Chair Forum on Forms

 
McMillin Realty 

Three times a year, your Directors attend C.A.R. Business Meetings. We listen, we discuss, we debate, and then we take action on behalf of Realtors® throughout the state of California. Meetings occur simultaneously throughout the first three days, so our Region is spread out to cover our assignments and report back to the group and our members.

The unique thing about the Fall meetings is the inclusion of Tech Tuesday. Experts in a myriad of technology fields gather to present valuable information to enhance our business activities. I attended these events and will be presented summarized versions at the Tech Committee Meetings in the South beginning in late November. Topics will include:

Complete Mobility
· Top Apps for Productivity & Creativity
· Time Saving Tech Tools
· How To Step Up Your Website Game
· Digital Organization

Coupled with the educational agenda are the regular business meetings. My 2015 committee assignments are as follows:


Forum on Forms highlights –

·         This forum used to be a bit dry and only reviewed the form changes. Now, we present the new forms, changed forms, have C.A.R. Legal weigh in with pertinent information, AND showcase new technology enhancements for our members.

·         All form comments, questions and suggestions regarding forms should be sent to carforms@car.org.

·         Forms release times have been moved to June and December.

·         Unless otherwise noted, all changes will be in the December Forms release. This is scheduled for the week of December 14th.

The following 19 C.A.R. forms were revised:

·         AAA – Additional Agent Acknowledgment :  The modification in paragraph 2 makes clear that the multiple agents named in paragraph 2 C do not also need to sign.  Only one agent needs to sign for the broker in the signature block.  Language was also added to clarify that the form does not need to be signed by brokers and principals from both sides in only applicable to one, such as when being used with a listing agreement. 

·         ADM – Addendum:  The opening caption includes language indicating the form can be used to modify a TDS by the seller and a warning that a right of rescind can apply in such a situation. 

·         CL – Commercial Lease Agreement:  Language was added to paragraph 29 obligating the tenant to obtain insurance if the tenant is responsible for maintenance. 

·         COP – Contingency for Sale of Buyer’s Property:  In the existing language, a seller can require the buyer to remove the property contingency, and loan contingency within 3 days of receiving a notice from the seller.  New language at the bottom of the form satisfies the notice requirement if delivered at the appropriate time.

·         CPA – Commercial Property Purchase Agreement:  Paragraph 14B was modified so that the buyer has the right to reject a seller’s attempt to modify an existing lease, service contract or condition of the property.   In such a case, seller cannot make the change.  Previously if buyer disapproved, buyer only had the right to cancel the contract but could not require the seller not to make the change. 

§  The same change was made to paragraph 15B of the RIPA, the Residential Income Property Purchase Agreement and to paragraph 15B of the VLPA, the Vacant Land Purchase Agreement

·         ESD – Exempt Seller Disclosure:  This form is a revision to the Seller Supplemental and Contractual Disclosure (SSD) form.  It was given a new name and paragraph 2 was added explaining that TDS-exempt sellers are not exempt from all disclosures.

·         LR – Residential Lease Or Month-to-Month Rental Agreement:  Paragraph 3E was added to make clear that rent payments will be applied to earliest amount due.  Paragraph 11E was added to specify that water use (drought) laws supersede contractual maintenance requirements. In paragraph 13 an optional sentence was added and refers to the C.A.R. Pet Addendum (Form PA) if pets are to be permitted on the premises.  In paragraph 34, language was added which, if checked, prohibits the use of portable dishwashers and portable washing machines.  The previously unlimited prevailing party attorney fees clause was modified to cap the amount either a prevailing landlord or tenant is entitled to collect from the other to $1,000.00.

·         LRA – Application to Rent / Screening Fee:  Previously, the tenant’s social security number was identified in paragraph 3C of the application portion of the form.  The number has been moved from tenant information section to screening fee section.  One reason for the change is to permit electronic signing of the application section by the tenant.  

·         PCQ – Notice to Perform Covenant (Cure) or Quit:  Paragraph 3b was added to allow the PCQ to be used for monetary obligations other than rent.

·         PMA –Property Management Agreement:  Throughout the form, the word “Broker” was replaced with the word “Property Manager.”  Language was added to provide that water use (drought) laws supersede contractual maintenance requirements.

·         RIPA – Residential Income Property Purchase Agreement and Joint Escrow Instructions: Paragraph 15B was modified so that the buyer has the right to reject a seller’s attempt to modify an existing lease, service contract or condition of the property.   In such a case, seller cannot make the change.  Previously if buyer disapproved, buyer only had the right to cancel the contract but could not require the seller not to make the change. 

·         RRRR – Seller Response and Buyer Reply to Request for Repair:  The Other paragraph was moved to paragraph 1A of the Seller response portion of the form so that the buyer’s removal of contingencies attaches to other requests.  A default was added to paragraph 1B of the Seller response portion of the form so that the seller automatically asks for the buyer to remove at least the inspection contingency.  The option remains to write in other contingencies to be removed or attach a Contingency Removal form (Form CR).  Paragraph 1B was added to the Buyer Reply portion of the form to allow a buyer the ability to ask the seller to take certain actions without having to start all over by writing a new Request for Repair form (Form RR).   If the buyer uses this new paragraph, then the seller can indicate if the seller does or does not agree in a new section added to the bottom of the form.   

·         SA – Seller’s Advisory:  Language was added to paragraph 4A advising the seller of the benefit of pre-sale inspections, making cosmetic repairs and doing staging. 

·         SBSA – Statewide Buyer and Seller Advisory:  In paragraph 20, addressing Future Repairs and Replacements, language was added addressing the phase out of Freon and its effect on air conditioning units and heat pumps.   Additional information has been added addressing efficiency standards for water heaters.  New paragraphs 35 and 36 address PACE liens and solar panel leases. In paragraph 37 a reference to source material on Homeowner Associations was changed from the booklet in the epubs library to a C.A.R. legal Q&A on the same subject.

·         SMCO – Seller Multiple Counter Offer:  Paragraphs were reformatted and given new headings to more accurately reflect the content of the paragraphs.  Paragraph 4 was added to make clear that seller retains the right to accept other offers and to market the property before a final selection of this particular multiple counter offer.  Perhaps the most significant change was the timing mechanism for buyer and seller acceptance of the multiple counter offer.  Previously, the buyer had to accept and the seller had to reconfirm all within the same 3-day time period.  Now, the buyer has 3 days to accept after the first time seller signs the multiple counter offer.  Seller then has until the fourth day after the initial signing to decide whether to choose this particular counter offer for a binding contract. 

·         SP – Single Party Compensation Agreement:  Language from the listing agreement, advising of benefit of listing property with MLS was added to the form.  A dispute resolution clause, containing standard arbitration and mediation language from the listing agreement was also added.

·         SPQ – Seller Property Questionnaire:  Several questions were added to the Seller Awareness section.  B2 addresses improvements related to water efficiency and renewable energy.  J 5 and 6 address PACE or similar liens and assessments for improvements. 

·         VLPA – Vacant Land Purchase Agreement and Joint Escrow Instructions:  Paragraph 15B was modified so that the buyer has the right to reject a seller’s attempt to modify an existing lease, service contract or condition of the property.   In such a case, seller cannot make the change.  Previously if buyer disapproved, buyer only had the right to cancel the contract but could not require the seller not to make the change. The following 8 new C.A.R. forms were created and released:

·         MSS:  Mortgage Loan Disclosure Statement Substitute:  The new form released in October was meant to comply with a CalBRE Advisory issued 9/14/15 made necessary because of the implementation of the TRID, “Know before you owe” rules that became effective October 3, 2015.  It applies to mortgage loan brokers only.  Loan brokers who meet the TRID requirements by providing a Loan Estimate form will not have to also provide a Mortgage Loan Disclosure Statement if they give the MSS along with the Loan Estimate form.  The MSS notifies the borrower that the Loan Estimate is not a commitment and lets the borrower know how to contact CalBRE to get licensing information about the loan broker. 

 

The 8 new forms being released in December are as follows: 

·         AGAD - Agricultural Addendum:  This form is for use when selling agricultural property with an improved residence. It imposes a duty on the seller to make disclosures of issues common to agricultural areas, including completing the Vacant Land Questionnaire.

·         ARB - Arbitration Agreement:  This form documents an agreement to arbitrate that may not exist in purchase, listing or buyer representation agreements. It could be used, for example, when a buyer’s broker agrees to arbitrate with a seller or a buyer. 

·         CCSPA and CRSPA - Condominium Conversion Subdivision Purchase Agreement and Joint Escrow Instructions;  and the Completed Residence Subdivision Purchase Agreement and Joint Escrow Instructions:  Both of these forms were created at the request of the CalBRE subdivision office.  They have been submitted to CalBRE for review.  If approved, C.A.R.  hopes to obtain from CalBRE a letter documenting that the forms meet CalBRE subdivision requirements.  Once that happens, the letter will be posted on car.org just like the letter for C.A.R.’s New Construction Purchase Agreement. 

§  The condominium conversion form is for a unit that was formerly an apartment but converted to a condominium.  It is applicable for the first sale.  The contract to use for re-sales of condominium conversions would be the RPA.  The completed residence form is for the first sale of a new property with an already built home.  If home not yet built, use NCPA. The contract to use for re-sales would be the RPA.

·         DNA - Delivery of Notices Addendum:  This form is the latest attempt to replace the Receipt and Delivery of Notices to Perform form (RDN) which was removed from the library when the RPA was revised last year.  It provides a way to establish delivery dates when the other side to a transaction is non-responsive.  Rather than relying on personal receipt, delivery of notices can be made by mail or email.  The DNA form should be attached to the RPA when the contract is formed initially.  The DNA form only applies to notices once a contract has been formed.  It does not replace personal receipt requirement to get into contract in the first place.  (This is a direct result of a PSAR member’s request to bring this back. Here you go, Richard!)

·         RCSD-B and RCSD-S:        Representative Capacity Signature Disclosure (For Buyer Representatives) and Representative Capacity Signature Disclosure (For Seller Representatives):  These forms replace the Representative Capacity Signature Disclosure form.  The one for buyers does not include estates as a possible represented party since it is rare that an estate is a buyer. 

·         SOFBN - Salesperson Owned Fictitious Business Name Agreement:  Real estate salespersons cannot own a fictitious business name, only brokers.  This form notifies the BRE that though a FBN was filed in the name of a broker, the salesperson retains ownership of the name.  The form satisfies the CalBRE requirements.  A separate agreement between broker and salesperson is still necessary.  The form does not apply to team names since team names are not considered fictitious business names.


The RPA-CA & RLA were also revised. Here are the highlights:

·         Paragraph 1 has been modified to include optional paragraphs to identify if the listing is going to be used for mobile home properties or properties owned by an estate.  If so, then optional paragraphs 22 and 23, near the end of the form that contain terms unique to those types of properties will apply.  If these changes are approved by the SFAC then the Manufactured Home Listing Agreement and the Probate Listing Agreement will be discontinued. 

·         Paragraph 2B was added for the seller to identify if any improvement on the property is leased or subject to a lien, such as solar power systems or a propane tank.  Knowing this information early will allow a listing broker to inquire about further documentation which will be necessary under a purchase agreement. 

·         In the box addressing the value of listing a property on the MLS, a paragraph has been added concerning “Coming soon status” and its limit on exposure to the property. 

·         Paragraphs 5B and 5C have been modified so that if exclusions from MLS are authorized, smart forms in zipForm will automatically attach the relevant exclusion form.

·         Paragraph 7C is added for the seller to affirmatively agree to pay for pre-sale reports such as Structural Pest Control and Property Inspection. 

·         Paragraph 16 makes reference to the Trust Advisory.  Since the RCSD-S applies to trusts at the listing stage, the Trust Listing Agreement which had the same content as the RLA, but different signature blocks, the Trust Listing will be discontinued.  However, the Trust Advisory will still be necessary in trust listings.

·         At the bottom of the last page an optional reference has been added to make all parties aware that there is a co-listing and an Additional Broker Acknowledgement should be attached.

·         Three additions are being made to the Buyer Investigation paragraph, # 12 of the RPA to allow the buyer to waive, as part of the offer, certain investigation contingencies.  Paragraph 12A(2) warns the buyer that waiving is against the advice of broker.  Paragraph 12A(2)(a) if for a waiver of the physical inspection only, which includes inspections for wood destroying pests and lead-based paint.  Paragraph 12A(2)(b) is a waiver of the remaining investigation contingencies identified in 12.  Other things such as approval of title, appraisal and loan are not covered by the waiver.  Finally, paragraph 12A(3) grants the buyer the right to access the property for a specified number of days.  This access right does not give the buyer any contingency and buyer has the right of access even if the contingencies in 2(a) or () have been waived.  


 

Standard Forms Advisory Committee highlights-

·         The SFAC discussed the comments on the drafts for December release.

o   Contingency for Sale of Buyer’s Property (COP)

§  Request for delay of start of time frames being considered. Language to be provided in January for review.

o   Request for Repair (RR)

§  Ability for seller to accept or reject added back to this form

§  Language stating that any monetary credit may not cover the cost of repairs requested.

o   Seller Response and Buyer Reply to Request for Repair (RRRR)

§  Language stating that any monetary credit may not cover the cost of repairs requested.

o   Residential Purchase Agreement (RPA-CA)

§  Legal concerns regarding removal of the physical inspection contingency at the time of offer acceptance. After much input and debate, a Contingency Removal (CR) will be auto-generated if the buyer intends to present an offer with no inspection contingency, so it can be included in the offer.

·         The SFAC reviewed 51 of the 134 comments received.  The balance were be reviewed via a full (3 hour) committee conference call.

·         I have the pleasure of being the Chair of Standard Forms in 2016. We have identified the need for feedback on the following:

o   SWPI

o   CAR Sample Letters Library

There are always things going on in our communities. Your Directors serve as your voice to notify C.A.R. and get their help or guidance when needed. If you have questions or concerns that you feel should be addressed, you need to let us know so we can take action. Please feel free to email me (nikki@callnikki.com) with concerns you feel need to be addressed at CAR. 


Norma Scantlin, CAR Director, Vice-Chair of Membership Committee, Member of Investment Housing Committee, Member Realtor Action Fund

Parkway Realty 

This year I have had the pleasure representing PSAR on the Investment Housing, REALTOR Action Fund and Membership Committees.

Investment Housing Committee will be watching several legislative bills that could impact this area of real estate. There was considerable discussion at this and the past meeting regarding companion animals. There was a motion made and passed in the Board of Directors’ Meeting that “C.A.R. SPONSOR legislation acknowledging companion animals, allowing landlords to refuse or terminate tenancy: (a) to tenants that do not have a California licensed mental health professionals “prescription” for that animal; (b) if the tenant brings the animal on premises without permission, or, (c) if allowing the animal will create a financial hardship, jeopardize the availability of property insurance, or pose a threat to other tenants or the property.” A point of humor that was mentioned during the meeting was that a tenant had moved into a property with a companion animal that was a camel along with a miniature horse. Another motion that was made and passed in the Board of Directors’ Meeting is that “C.A.R. SPONSOR legislation to extend to landlords the liability protection from the delivery of the Environmental Hazard Booklet.”  Both of these motions will be very important to Investment Housing.

Once again, the REALTOR Action Fund Committee encouraged all the representatives from the regions to go back to all their associations educating membership the importance of donating the total amount of doing business which is $196. The REALTOR Action Fund monies go to represent C.A.R. members at the governmental levels to protect our property rights at every level of our realtor business. The challenge this year was that each associations goal of contributions to be at 16%. PSAR was very close with 14%. If you would like to still make a donation (as little as $20) between now and December 31, that will help our percentage.  Please remember that these monies go to help protect your rights of doing your real estate business.

Membership Committee submitted names to the Board of Directors for Honorary Membership in C.A.R. To receive this honor one must have been in continuous membership with C.A.R for 25 years and be 75 years of age. The nominees were approved at the Board of Directors. During the committee’s time, we had a presentation regarding ZipForms and new benefits to our members. We were reminded regarding the weekly webinars that C.A.R. presents weekly on a variety of subjects. Be sure to check the webinars for topics that would be of interest to you.   It is FREE. It was also mentioned that the MLS Connect function (which is a freebie to us) on ZipForms is not used that often by the members. Check out this freebie.  You will like it. I want to thank you for the opportunity to serve you this past year and being the Vice Chair of the Membership Committee. I will be serving you in 2016 along with being the Chair of the Membership Committee 

I also attended the Risk Management Forum that has already been highlighted by another attendee.

I want to thank you for the opportunity to serve you at the California Association of Realtors. If you ever have any questions, please be sure to contact me. For more information regarding the meetings that were held in San Jose, please reference the online information at: http://www.car.org.  

 

Jeff Campbell, Director, Chairman Association Presidents Leadership Forum, Member Legislative Committee, Member Taxation and Government Finance Committee, Member Housing Affordability Fund Committee, Member REALTOR Risk Management Forum.


Pacific Growth Sale
myfavoriterealtor@yahoo.com

Presidents and Leadership Forum

PSAR was one of 31 associations to submit a value proposition video to CAR. These videos can be seen on the CAR website next month. They examine the reason why a licensee should belong to an association.

Our president Carey Guthrie was a great contributor to this committee. Our president-elect Anthony Andaya not only contributed but learned important aspects of presidency which included:
  •       Honoring the history of your association,
  •       Creating consensus well ahead of time,
  •       Listening to the members,
  •       Building respect every day

HAF- Housing and Affordability Fund

As state Liaison, I represented PSAR in giving away grants to associations who came up with projects to ease the Housing Affordability Crisis. Politicians are accomplishing very little in helping California be an affordable state in which to live. REALTORS® believe they must be part of this solution and have raised millions of dollars towards this cause. But rather than simply pour this money into some governmental pocket and kiss it goodbye, the HAF committee ingeniously uses these funds as grant money and invites each association to apply for $50,000 per year to come up with a meaningful program that positively affects the affordable housing issues.

PSAR raised thousands of dollars for this fine cause through our golf tournament. This year PSAR is an award winning state association for our contributions towards the housing affordability cause.

Transaction and Regulatory-Member of State Working Group/ Team Names

CalBRE, unlike the former DRE, seems to be seeking the advice of CAR with frequency. CAR committees have debated for months on end the issues of Team Names, Broker Names and CalBRE Numbers to be included on marketing pieces (including signs. The greatest cause for delay in making a decision has been CAR’s reluctance to have REALTORS® bear unnecessary sign and marketing change expenses. CalBRE wants consumers to know the name of the brokerage. CAR had to give a recommendation lest CalBRE create their own policy without REALTOR® input.

The agreement by state directors is that C.A.R. “SPONSOR” legislation to require a licensee’s CalBRE license number and responsible broker’s identity on EVERYTHING used for advertising. Company “for sale", lease or rent signs would only be required to contain the responsible broker's identity. “Open house” and directional signs without a reference to agent name or branding would be exempt from this requirement. This legislation shall include a one year delay for implementation.

Important Issues

The U.S. House of Representatives is considering legislation to reauthorize surface transportation programs. One proposal is to use Fannie Mae and Freddie Mac credit risk guarantees to fund transportation programs. These credit risk guarantee fees (g-fees) are passed on to the mortgage seekers and add to the cost of a loan and prevents Fannie and Freddie from effectively managing their risk.

That C.A.R. "SPONSOR" legislation acknowledging "companion animals," allowing landlords to refuse or terminate tenancy: (a) to tenants that do not have a California licensed mental health professionals "prescription" for that animal; (b) if the tenant brings the animal on premises without permission; or, (c) if allowing the animal will create a financial hardship, jeopardize the availability of property insurance, or pose a threat to other tenants or the property.

That C.A.R. “SPONSOR” legislation to extend to landlords the liability protections from the delivery of the Environmental Hazard Booklet.

On a personal note, I wish to thank you for the privilege of representing each PSAR member at the state level. Our relationship with CAR is so very important when it comes to our member benefits which include:

Attorney Access who give us legal answers and advice on how to represent our clients and protect ourselves,

  • Zip forms which allow us the convenience of on-line “transactioning,”
  • Zip Vault which allows us cloud storage of our files,
  • E-signature capabilities making us more productive,
  • MLS autofill allowing our contracts to be easily populated with data,
  • Interaction with CALBRE assuring the evolution of sensible real estate law, Political operation and bill creation and reviews which protects REALTORS® and Property Owners
  • Association oversight preventing associations of unscrupulous and unfair acts,
And much more…


Pat Russiano, C.A.R. Director 2015, CAR Director, Member CAR Nominating Committee, Member Public Policy Forum, Regional Liaison Strategic Planning and Finance

Century 21 Award
pat@patrussiano.com 

Our business meetings are held 3 times a year, early (Jan-Feb) in southern California, this year the meetings were in Indian Wells. Midyear we meet in Sacramento which includes meeting with our legislatures in late April. The fall meetings are in the October timeframe and held in northern California and as noted in San Jose earlier this month.

The last meeting of the year includes the California Expo which is a large number of venders and service providers who most of us work with frequently or at least on a regular basis. Each had a booth available and individuals knowledgeable in the products and/or services beginning on Tuesday through-out the week. It’s a great place to compare and shop for items to enhance your knowledge and your business. There were also many great educational presentations.

My Committee Assignments are listed below with highlights for you to review –

NOMINATING COMMITTEE - 

I took part in the interviewing of the candidates for the Executive Officers of C.A.R. and then deciding the slate. The 2016 officers as elected are as follows:

  • President Pat (Ziggy) Zicarelli – currently serving as President Elect 2015 
  • President Elect Geoff McIntosh – currently serving as Treasurer 2014 & 2015 
  • Treasurer Jared Martin 
  • Joel Singer – CEO and Executive Vice-President

STRATEGIC PLANNING & FINANCE – The last meeting of the year allows all to see the Budge for the year 2016.  Although I don’t get to vote in the committee (but of course I do at the Board of Directors meeting that gives final approval), I am the Region 30 liason that reports to our caucus on these matters.

The C.A.R. Board of Directors approved the 2016-2018 budget and strategic plan, in line with the

direction set for the Association’s activities for next year and beyond.  The plan included C.A.R. member-ship projected to be 183,000 at year-end of 2016. 

Of the $184 membership fee,  $115 funds the continuing operation of the Association, including enhancements to a number of key programs.  Your membership fee also includes three (3) additional assessments:  $49 for the REALTOR® Action Assessment, $10 for the Political Activities Fund, and

$10 for the Issues Action Fund.

Just a sampling of new and enhanced programs for the membership are listed here:

Incremental Media Purchase - Total Net Cost: ($775,000)

Funding to restore general market media spend to 2015 levels of $1,800,000 and incrementally increase the impact of consumer advertising via an expansion of the media buy in order to further optimize the new 2015 “Who’s Your REALTOR®” commercials. 

ZipForm® Mobile - Total Net Cost: ($230,000)

This augmentation provides zipForm® Mobile as a member benefit. ZipForm® Mobile Web Edition has changed the real estate transaction experience for REALTORS®, buyers, and sellers across the state with innovative technology that has streamlined the transaction process and elevated customer service.  It is available for most smartphone and tablet devices as long as there is an active internet connection.

ZipForm® Transaction Management System - Total Net Cost: ($200,700)

This program provides the resources to deliver the ZipForm® Transaction Management System (TMS) to all C.A.R. members.  It is an easy-to-use Internet tool for managing real estate transactions online.  It provides a convenient space to manage all transaction activities from listing through closing.  Available for both individuals and brokerages, ZipForm®TMS can easily track and retain all transaction documents. Checklists ensure activities and best practices are repeated in every successful closing.  Users can create and view color-coded activity lists, reminders and never miss a deadline or skip important details using an integrated ZipForm® calendar.

Website Redesign - Total Net Cost: ($102,600)

This provides funding for a complete redesign as well as an updated content management system for car.org.  In order to enhance the user experience, a new front-end interface, responsive design features and functionality will be implemented.  Website hosting and consulting is expected to be approximately $108,300 per year with a total operating cost of $200,700.  In addition, the capital budget for this website redesign is $446,800, which will be amortized over a period of 5 years at $89,400 annually.

Latino Initiative - Total Net Cost: ($102,600)

The Membership Development Program contains objectives for the purpose of reaching out to diverse groups and specialties within the association membership. This augmentation provides additional emphasis on Latino REALTORS® and the Latino community given the evolving demographics in the state. Research and studies have showed that Latinos strongly aspire towards homeownership. This program seeks to develop a Latino Network that will bring successful prominent Latino REALTOR® members face to face and help them make valuable connections with other fellow REALTORS® in their business community.  It is also designed to work with Strategic Partners to collaborate on initiatives aligned with housing.

Public Policy Forum -  This is a forum in which we heard various speakers as experts in a variety of specialties and was focused on emerging trends in rental housing for tenants and for landlords.  The speakers covered several topics of most concern and consideration at this time:

Support/companion animals, American Disabilities Act (ADA) and how it affects property management.  This was a lively discussion and we expect to hear further concerning the companion animals – what that constitutes, who certifies that one is needed etc.  The speakers were from both sides of the topic – the enforcers of laws and the property manager side also.

They also explored occupancy standards (number of tenants per property as an example).  It is vital that the same standards be used every time with all tenants equally and cannot impinge on existing law of any protected class which grows over time.

Also included were the topics of gender discrimination and smoking in general as related to medical marijuana use. 

I am pleased and honored to represent all members at the C.A.R. meetings.  Please contact me directly if you have any questions about any of my committee information.


Aaron Kerper, Director, Vice Chairman Region 30, Member MLS Policy Committee, Member Local Government Forum, Regional Rep. for the Legislative Committee


RE/MAX Coastal Properties
akerperre@aol.com
 

MLS Policy Committee

There were two action items brought before the Committee, both of which passed the Committee as well as the Board of Directors. The items read as follows

1. That, upon final approval by NAR, the C.A.R. Model MLS Rules be revised to adopt NAR’s mandated Internet Data Exchange (“IDX”) changes to the C.A.R. Model MLS Rules, and that Staff make any necessary related additional corrective and/or correlating changes to the Model MLS Rules and Model Citation Policy.

The main addition here is in regards to sold information. In the last set of NAR revisions, sold information from the last 3 years was mandated to be included along with the actives in an IDX feed to which participants are entitled, as long as that sold information was “publicly accessible.” NAR has since defined “publicly accessible” to mean “…data that is available electronically or in hard copy to the public from city, county, state, or other government records.”

2. That, upon final approval by NAR, the C.A.R. Model MLS Rules be revised to adopt changes to Section 16.1 Mandatory Arbitration incorporating NAR’s mandated enhanced arbitration enforcement requirements and that Staff make any necessary related additional corrective and/or correlating changes to the Model MLS Rules and Model Citation Policy.

This brings C.A.R. Model MLS Rules into line with the enhanced arbitration rules adopted by NAR and C.A.R.. This includes potential suspension of membership for failure to submit to arbitration, or the non-payment of an arbitration award.

Legislative Committee

1. That C.A.R. adopts the following positions on upcoming state ballot measures:
- An as yet unnumbered Proposition for the November 8, 2016 state ballot entitled SB 1174 (Chapter 753, Statutes of 2014), Lara. English language education. "NOT REAL ESTATE RELATED"
- An as yet unnumbered Proposition for the November 8, 2016 state ballot entitled SB 270 (Chapter 850, Statutes of 2014), Padilla, De León and Lara. Referendum to Overturn Ban on Single-Use Plastic Bags. "NOT REAL ESTATE RELATED"

NOTE: C.A.R. has previously taken the following positions on upcoming ballot propositions:
- An as yet unnumbered Proposition for the June 7, 2016 state ballot entitled SCA 17 (Resolution Chapter 127, Statutes of 2014). Members of the Legislature: suspension. "NOT REAL ESTATE RELATED"
- An as yet unnumbered Proposition for the November 8, 2016 state ballot entitled State Fees on Hospitals. Federal Medi-Cal Matching Funds. Initiative Statutory and Constitutional Amendment. "NOT REAL ESTATE RELATED"

October 9 and 10, 2015 – Board of Director’s 544th Session

The next C.A.R. Business Meetings are in Anaheim from January 26 through January 29 2016, and will follow a different pattern than the usual C.A.R. Business Meetings, with all committee meetings and activities taking place one day prior to their typical scheduled day, and the final Director’s Session concluding on Friday morning, January 29. Please make sure that you are aware of the upcoming business issues at http://www.car.org/. Additionally, please take time to reach out to me, as well as your other CAR Directors with any issues or concerns.