Monday, December 28, 2009

Improving Air Quality in Your Home

Here are 3 tips for improving air quality in your home from the Environmental Protection Agency.

1 - Source control.  Eliminate individual sources of pollution....areas that contain asbestos can be sealed off or enclosed and gas stoves can be adjusted to decrease their emissions.

2 - Improved Ventilation.  Heating and cooling systems don't usually bring fresh air into your home.
Open windows and doors, operate window or attic fans weather permitting or run a window air conditioner with the vent control open.  Pollutant-emitting activities like painting, sanding, soldering or welding should be done outside.

3 - Air Cleaners.  There are many types & sizes of air cleaners on the market from relatively inexpensive tabletop models to sophisticated whole house systems.  Some air cleaners are highly effective while others are much less so.  Air cleaners are not designed to remove gaseous pollutants.

A simple solution would be to try a house plant.  There is some evidence that household plants can help remove significant quantities of pollutants from the air in your home.  But, over watering plants can be detrimental to your home's air quality...damp soil can promote the growth of microorganisms.

Wednesday, December 16, 2009

How to Select Window Coverings

A popular TV decorating show recommends that you focus on the four main options:  blinds, shutters, shades and curtains.  During Winter months, window treatments can affect the temperature in your home.  According to the US Department of Energy, using close-fitting drapes with a cornice can reduce airflow around your windows by 25% .  Mount your shades or blinds inside the window casting and you'll be able to minimize drafts and keep the room much warmer.

Color and pattern are important when deciding what window treatment to use.  Lighter colors will make a smaller room appear larger while darker colors tend to shrink a room.  Mix it up by playing with different textured shades such as rattan or bamboo.

Shades and curtains made from lighter fabrics allow more light to filter into the room.  A heavier fabric can look more elegant which longer drapery will look more formal.  Buy an amount of fabric two to four times the width of the window to make sure you have enough for overlapping.

You can spend anywhere from $16 for a light sheer to $400 for wood shutters.

Tuesday, December 15, 2009

Gender and Home-Buying Decisions

When it comes to making home-buying decisions, men and women often have different priorities.  A National real estate company's survey finds that most women are able to select a home much more
quickly than men.  Almost 70% of women need only one visit to a new home to decide that it is right for them, compared with 62% of men.  About 1/3 of men (32%) need two or more visits.  More than half of women (55%) believe it is more important to live closer to their extended family than to their job, compared with only 37% of men.  Women are also more likely than men (65% compared with 51%) to lose interest in the home of their dreams if there are concerns about the home's security.

Saturday, December 12, 2009

Utilities - To Shut Off or Not to Shut Off

Almost every landlord has wanted to shut off a tenant's utilities for one reason or another.  Unlawfully shutting off utilities can result in severe consequences to the landlord except for a few unusual circumstances.

Normally utilities cannot be shut off and Arizona State Statute allows the tenant to sue for damages and/or terminate their rental agreement.

Here is the statute that protects the tenant:

A.R.S. 33-1374  Recovery of possession limited

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, except in the case of abandonment, surrender or as permitted in this Chapter.

Friday, December 11, 2009

How to Hold Proper Annual Meetings

To hold and have effective and by the book annual meetings, the HOA needs to consider the following issues:

Does your annual meeting have to be held on a certain date?

Which members are entitled to notice and/or entitled to vote?

When must notice of the annual meeting be given?

What is the quorum requirement for the annutal meeting?

Is Cumulative voting required or allowed, and if so, what does that mean?

What matters must be part of the meeting other than the elections of directors?


Must certain documents be included with the notice of the annual meeting?


Do the governing documents require the election to be held in a certain manner?


Is a nominating committee required?  If so, who appoints the members and when?


How many members need to be on the board?


What is the length of term of the board members?


Does your board have staggered terms?


If Board members have been appointed, when does their term expire?


Do board members need to be members of the association?


Do board members need to be members in good standing?


Are members of the architectural committee elected or appointed, and if elected, who elects them?

 If the association fails to follow the proper requirements for all of the above issues, a member could challenge the results of the annual meeting.  The association can change the requirements by amending the articles or bylaws.  If the association is violating any of the requirements, it should consider changed the requirements or changing the way in which it holds its annual meetings.

Monday, December 7, 2009

HOMEOWNERS CUT BACK ON REMODELING

Homeowner spending on home improvements will continue to trend downward into the first half of 2010, according to a recent Leading Indicator of Remodeling Activity report issued by Harvard
University's Joint Center for Housing Studies.

The study forecasts annual decline in remodeling activity to hover at approximately 11% for the next several quarters.  While there are some positive developments in the industry, such as low financing costs for home improvement projects and rising home sales in some markets, the study finds that the overall outlook going into 2010 remains bleak due to weak home prices and decreased cost recovery for some types of remodeling projects.

Saturday, December 5, 2009

Could you Be Prevented from Renting Your Home?

In Arizona many people buy residential property as an investment and then rent out the the home full time or at least some portion of the year.  Additionally with the current declining market and the inability to sell a home, renting it until the market improves has become increasingly popular and necessary.  But, WAIT A MINUTE....could your Homeowner's Association Covenants Conditions & Restrictions (commonly known as CC&R's) prohibit you from leasing your home??? Maybe so. CC&R's regulate the homeowner's use of their property restricting everything from the color of the home, awnings, holiday decorations, pets, outdoor basketball hoops and landscaping.


During the recent housing boom builders included restrictions prohibiting homeowner's from renting their properties to limit the number of rental units in a community.  These builders/developers and their lenders believed that the number of rentals in a community affected the value of the property because of crime that often occurs in rental property.  Now many Homeowner's Associations are seeking to amend their CC&R's to include a restriction preventing rentals. While these associations might find this to be a difficult process as there have been no case law that addresses this issue...but you never know what can happen. 



The law in Arizona clearly states that if you choose to live in a HOA (Homeowner's Association) that has CC&R's you have a binding contract with the HOA and are accepting the restrictions associated with your property.  There is a contingency in the Arizona Associations of Realtor's resale purchase contract that allows the Buyer a period of time to review, accept or reject the CC&R's after their offer has been accepted.  ALWAYS carefully review the CCR's (provided by the Title company) to determine whether or not you must occupy the home and not rent it out.  REMEMBER CC&R's can be amended.  A HOA that doesn't have a rental restriction today may have it arise as an issue at a later date.


Linda Shank is a Broker/Owner & Certified Residential Specialist in the Southeast Phoenix Valley who has been selling real estate since 1978.  She is experiencing her third down market cycle.