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How Government Impacts Associations

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FINANCIAL REGULATIONS L EG I S LAT I V E AT T E M PTS TO I N C R EAS E R EG U LAT I O N S O N F I N A N C I A L M AT T E RS T H AT A F F ECT A N ASSO C I AT I O N ' S F I N A N C I A L STA B I L I TY. • Manager Licensing As of January 2018, nine states had created some form of mandatory manager licensure or certification. Required licensure raises costs for management companies for education, examination and licenses. Those costs are reflected in higher management fees. • Home Finance More states and lenders require increasing levels of documentation and information related to a property before financing a residence. The fees to produce documents are reflected in the closing costs of that transaction. • Fee Caps Some states have attempted (and succeeded) in capping the costs of home finance documents in statute. The proposed caps often have no basis in the true costs or liability risks, so the actual costs will have to be recovered by the association or management company through higher fees elsewhere. The net result is the state lowers transactional costs normally paid by the parties benefiting from the transaction – namely, the sale of the residence – and now the costs are spread among all community residents.

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