Legal Insights for Property Managers: A Conversation with Monica Gilroy
Sep 13, 2023
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In this episode, host Pete Neubig interviews Monica Gilroy, Managing Partner of The Gilroy Firm. They discuss the benefits of having a single point of contact for property owners in real estate litigation, the advantages of efficient call handling, legal challenges property managers face including squatters and mold issues, understanding indemnification in property management agreements, and a tenant's struggle with a dysfunctional washing machine. Monica also shares her experience as fair lending counsel and provides her email address for listeners to reach out to her.
Property owners should have multiple points of contact for outbound communication, but a single point of contact for inbound communication to ensure efficient responses.
Property managers should be well-versed in fair housing rules and train staff members, including virtual assistants, to handle inquiries from individuals with disabilities appropriately.
Property managers should implement security measures to protect against squatters, such as ring cameras, and promptly report trespassers to local authorities. Timely response, documentation, and escalation are crucial in addressing mold issues.
Deep dives
Should the owner have a single point of contact?
The podcast episode discusses whether property owners should have a single point of contact or multiple points of contact in their property management. The host emphasizes the importance of having multiple team members handle outbound communication with the owner, such as leasing and maintenance updates. However, the podcast suggests that inbound communication from the owner should be directed to a single point of contact to ensure consistent and efficient response to their inquiries. This arrangement allows the property manager to gather necessary information, consult with the team, and schedule follow-up meetings with the owner to address their various needs.
Fair Housing Challenges for Property Managers
The episode highlights fair housing as a significant challenge for property managers. The discussion focuses on protecting against fair housing claims related to disability, particularly emotional support animals and service animals. It emphasizes the importance of training all staff members to handle inquiries from individuals with disabilities appropriately, including virtual assistants, to avoid potential fair housing violations. The podcast advises property managers to abide by both local and federal fair housing rules, with an emphasis on maintaining neutral qualification criteria and documentation to prevent discrimination based on familial status, race, and gender.
Dealing with Squatters and Mold Issues
Another challenge discussed in the podcast episode is the rise of squatters and mold issues. The podcast indicates that squatters are becoming a common problem, often infiltrating properties through self-showings or breaking in and unlawfully leasing the property to unsuspecting individuals. To combat this, the podcast recommends implementing security measures, such as ring cameras, and promptly reporting trespassers to local authorities. Regarding mold issues, the episode stresses the importance of timely response, documentation, and escalation within the property management team. It suggests offering tenants the option to terminate the lease if mold problems arise and providing clear communication with owners throughout the process. Additionally, obtaining comprehensive insurance coverage, including errors and omissions insurance, is highlighted as a means of protection against potential lawsuits arising from mold-related claims.
Preventing Squatters and Trespassers
One of the main challenges faced by property managers is educating municipalities about the complexities of the industry. Efforts are being made across the country to ensure city councils and police forces understand the position of property managers and the impact of squatters and trespassers on property owners. Property managers are advised to consult local attorneys or eviction councils to ensure their legal documents are comprehensive and include provisions to protect the property owner's rights. Self-help measures such as installing cameras, posting notices, and offering cash for keys can be effective in preventing trespassers. Building strong relationships with local law enforcement, such as constables, can also aid in preventing squatting and trespassing incidents.
Handling Mold Issues as a Property Manager
Mold claims can be a major source of litigation for property managers. Promptly addressing tenant complaints and taking mold-related issues seriously is crucial. Property managers should send maintenance personnel to assess the situation and document it with photographs. If mold is present, appropriate remediation measures should be taken, potentially involving independent testing. It is important to maintain a united front with property owners and keep communication channels open to ensure everyone is on the same page. Proper documentation, including contemporaneous notes, is key to defending against potential lawsuits. Property managers should also review insurance coverage and advise property owners to have appropriate insurance policies in place.
In this episode we call "Legal Insights for Property Managers: A Conversation with Monica Gilroy," NARPM® Radio host Pete Neubig interviews Monica Gilroy, Managing Partner of The Gilroy Firm. With over 25 years of experience practicing law, Monica remains an active partner in the Litigation Department as the focus of her national litigation practice, which includes all aspects of real estate litigation: property management issues; fair housing; foreclosure and title disputes; broker and agent liability defense; mortgage fraud-related litigation; and civil and commercial contract disputes. If you're a property manager, don't miss this opportunity to glean great info from Monica!
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