Sf<\/p>\n
~<\/p>\n
I=<\/p>\n
\ub77c\uad6c\ub098 \uc6b0\uc988 \ube4c\ub9ac\uc9c0<\/p>\n
OCTOBER 18, 2023, SUMMER REAL ESTATE FORUM<\/p>\n
ANSWERS TO REALTOR QUESTIONS<\/p>\n
GENERAL\/OTHER<\/p>\n
1<\/p>\n
Is there a resident advocate to assist residents when they don\u2019t get responses from staff and\/or<\/p>\n
when issues\/concerns are not being resolved?<\/p>\n
VMS is developing a customer service field representative pilot program that is designed to assist<\/p>\n
residents via enhanced communication and with resolutions. However, until the program is fully<\/p>\n
implemented, residents may file a dispute by contacting Resident Services at<\/p>\n
residentservices@vmsinc.org or 949-597-4600, or by visiting the department in the Community<\/p>\n
Center at 24351 El Toro Road.<\/p>\n
Why does the Village decline to install smoke detectors prior to close of escrow? This position<\/p>\n
does not comply with the law. All safety items should be fixed prior to the close of escrow.<\/p>\n
Third Mutual smoke detectors are the responsibility of the unit owner. In United, smoke<\/p>\n
detectors can be replaced during escrow if an inspector finds it is missing or nonoperational.<\/p>\n
Where should home termite inspection reports be submitted so buyer is aware?<\/p>\n
The seller or the listing agent may use any licensed branch Ill termite company; however, an<\/p>\n
outside company will not know what parts of a building are original and, therefore, the<\/p>\n
corporation\u2019s responsibility, and which ones are alterations and the member\u2019s responsibility.<\/p>\n
Newport Exterminating, the exterminator on contract, does identify who is responsible in each<\/p>\n
report. Staff reviews each report for accuracy and opens work orders for any items that are the<\/p>\n
corporation\u2019s responsibility. If an outside inspection company is chosen, please email the report<\/p>\n
to Dennis Moore (dennis.moore@vmsinc.org) who will open any necessary work orders. The<\/p>\n
escrow company is usually responsible for giving the report to the buyer and securing a signature<\/p>\n
to verify they have read and understand the report.<\/p>\n
There seems to be a disconnect with Third\u2019s leasing\/rental insurance requirement. Why would<\/p>\n
a landlord need insurance if the member has their own homeowner\u2019s insurance policy?<\/p>\n
A landlord would still want to obtain a condominium insurance (HO-6) to protect the inside<\/p>\n
dwelling, including flooring, cabinets and countertops. These items are not covered under a<\/p>\n
renter\u2019s policy. Also, an HO-6 policy comes with liability coverage in case the tenant(s) negligently<\/p>\n
cause damage. Additionally, the HO-6 policy will cover loss of use in case the tenant(s) must<\/p>\n
relocate due to damage such as a fire. The insurance company reimburses the cost of rent while<\/p>\n
the unit is being rebuilt.
\nAre SB 326 deck\/balcony\/elevated element structure repairs currently being made, and will<\/p>\n
such repairs increase the assessments?<\/p>\n
Yes; repairs are currently within the budget.<\/p>\n
When children purchase homes for their parents who are living in the unit, can the leasing<\/p>\n
process and payment of the fee be eliminated each year?<\/p>\n
In United Mutual, children younger than 55 may not purchase units in which a parent may reside.<\/p>\n
Age-qualified children who purchase units in which age-qualified parents may reside must have<\/p>\n
the same qualifications as a guarantor, and both child and parent must be listed on the stock<\/p>\n
certificate or sublease unit to parent.<\/p>\n
In Third Mutual, a child old enough to sign a contract may purchase a manor but cannot<\/p>\n
reside in the unit until age-qualified, but can lease out the unit.<\/p>\n
Both mutuals have policies relating to leasing (Third) and subleasing (United) a unit. Both<\/p>\n
policies require fees associated with the review, processing and approval of all<\/p>\n
new\/extension\/renewal applications, which are not subject to waiver.<\/p>\n
Why don\u2019t United and Third perform criminal background checks for prospective buyers?<\/p>\n
Third\u2019s counsel has advised that Third Mutual shall not act as a landlord and, therefore, does not<\/p>\n
require background checks. In Third, it is the member’s responsibility to obtain background<\/p>\n
checks on new lessees\/renters and check references provided by the lessee\/renter to protect<\/p>\n
such member’s interests, given that the member will be held responsible for the acts and\/or<\/p>\n
omissions of their lessees\/renters who violate Thirds governing documents. In United Mutual,<\/p>\n
members are required to obtain\/perform such background checks for the same reason, but<\/p>\n
United shall have no liability for a member’s failure to do so.<\/p>\n
Is there a limit that assessments can be increased?<\/p>\n
In accordance with Civil Code \u00a7 5605, \u201c … the board may not impose a regular assessment that is<\/p>\n
more than 20% greater than the regular assessment for the association\u2019s preceding fiscal year or<\/p>\n
impose special assessments that in the aggregate exceed 5% of the budgeted gross expenses of<\/p>\n
the association for that fiscal year without the approval of a majority of a quorum of members…\u201d<\/p>\n
Will VMS accept remote online notaries from outside the U.S.?<\/p>\n
On September 30, 2023, Governor Newsom signed SB 696 into law, which authorizes California<\/p>\n
notaries to perform remote online notarizations. However, online notarizations cannot be<\/p>\n
performed in California until the California Secretary of State completes its technology upgrade<\/p>\n
to implement the new law by January 1, 2030, whichever comes first.<\/p>\n
However, by way of Civil Code \u00a71182 and \u00a71183, California will recognize online<\/p>\n
notarizations that are properly performed in other states as well as outside the U.S. We<\/p>\n
recommend you reach out to the secretary of state for appropriate direction.<\/p>\n
10<\/p>\n
Can open house forms be provided to real estate agents ahead of time?<\/p>\n
In accordance with the Security Services Department\u2019s protocols, open house forms are provided<\/p>\n
only to prospective buyers who approach the gate at the time they wish to visit an open house on<\/p>\n
Saturdays and Sundays from 11 a.m. to 4 p.m.
\n11. Why are moisture intrusion events not addressed or identified on the first inspection report?<\/p>\n
They are identified on the first inspection report; however, if the event occurs during escrow,<\/p>\n
then it will show on the final inspection report and will result in escrow delays.<\/p>\n
GRF TRUST FACILITIES FEE<\/p>\n
If a member moves from one unit to another, regardless of the mutual, and has lived there for<\/p>\n
two or more years, must the member still pay the GRF trust facilities fee?<\/p>\n
When ownership of a separate interest is purchased by a current owner who has held their<\/p>\n
current interest for at least two years, that member is exempt from paying the fee again. The two<\/p>\n
years start at the close of escrow of the first unit.<\/p>\n
If a member buys a unit, pays the GRF transfer facilities fee and then buys a replacement unit<\/p>\n
and pays the fee, can the member receive a refund?<\/p>\n
A refund may be issued for those who are purchasing a replacement property if the sale and new<\/p>\n
purchase occur concurrently and the first property has been owned for at least two years.<\/p>\n
LANDSCAPING<\/p>\n
If fruit trees in Third Mutual were planted by the prior owner, can the buyer keep and maintain<\/p>\n
the trees?<\/p>\n
Third recently passed a resolution codifying its policy that prohibits the planting of fruit trees and<\/p>\n
vegetables in the common area and requires the removal of existing fruit trees during the resale<\/p>\n
process. However, the new policy does permit the retention of existing fruit trees at resale if the<\/p>\n
new member agrees to maintain the trees in the common area and in exclusive use common<\/p>\n
area. If the new member rejects the maintenance responsibility, the fruit trees in the common<\/p>\n
area will be removed. The policy also authorizes staff to remove any unmaintained, existing fruit<\/p>\n
trees.<\/p>\n
How can a seller in Third become compliant so that stepping stones do not have to be removed<\/p>\n
in order to close escrow?<\/p>\n
The Third Mutual board has re-evaluated its stepping stone policy\/guidelines and adopted a less-<\/p>\n
restrictive policy for stepping-stone installations during the resale process. During the first<\/p>\n
inspection, photos will be taken of the installation and reviewed by Landscaping Services<\/p>\n
Department management to determine adherence to the guidelines. Simple stepping-stone<\/p>\n
installations, e.g., to access a hose bib or other appurtenance of the residence will be approved<\/p>\n
by Landscaping Services management. Larger, more complex installations, e.g., patio extensions,<\/p>\n
extended walkways, etc., may be reviewed by the Landscape Committee via the landscape<\/p>\n
request form process.<\/p>\n
For out-of-state successor trustees, is there a way for landscaping to get some items fixed prior<\/p>\n
to the close of escrow without having to hire a landscaping company?<\/p>\n
Please clarify the issue(s) staff should address.<\/p>","protected":false},"author":2,"featured_media":0,"template":"","document_category":[1712],"document_type":[53],"class_list":["post-49674","document","type-document","status-publish","hentry","document_category-realtor-forum-qa","document_type-other"],"acf":{"document":47510,"resolutions":null,"legacy_id":"8950","pdf_extracted_text":""},"yoast_head":"\n