Welcome!

Posted: 4th January 2012 by Melissa in Uncategorized
 

Welcome to the FBS Rent Sense Blog. We will be posting weekly Rent Sense Articles written by Neil and Chris. These articles can also be seen in major publications such as the San Diego Union Tribune. Our goal is to bring quality information to help counsel those already in or interested in the industry. Check back each week to see what is new and exciting in the Property Management world.

“Nearly half of all the housing in San Diego is offered for rent. This condition has existed locally for decades and will continue for the foreseeable future. It is imperative that rental owners and rental residents respect the other for their important role in the essential segment of our local economy. The more informed each are about their respective rights and responsibilities as well as changes in the marketplace the more realistic are the expectations. That just makes good sense; Rent Sense.” – Neil,  2008

Where your home matters…

KTS Legal Questions- Part 2- Aug 2016

Posted: 22nd August 2016 by Melissa in Legal Questions
Tags: , ,
 

FBS Apartments, Condos and Homes For Rent in 69 zip codes throughout the S.D. Region

FBS operates Rental Properties for Independent Owners utilizing Industry Best Practices which creates direct benefits to our Rental Customers. We have provided Superior Housing Alternatives now in our 5th Decade. Our available rental inventory changes daily. www.fbs-pm.com

As professional managers we must stay on top of local, state and federal laws, regulations and housing codes that are imperative to our clients and rental customers. We review and update our contracts, policies, forms and routines with the help of KTS (Kimball, Tirey and St. John)

 

11.    Question:  I purchased a building in which two of the three tenants do not have a deposit on file.  Can I require a deposit for continuing tenancy?
Answer: If their lease agreement is month-to-month as opposed to a fixed term lease, you can serve a thirty-day notice changing the terms of the tenancy to require a deposit.  If it is residential, your limit is twice the amount of the monthly rent if the unit is unfurnished.

12.    Question:  New tenants signed our lease and paid the first month’s rent.  Now they want to get out of the lease. They did not take possession.
Answer: When the tenant signs a lease, they are bound by the terms whether or not they change their mind later.

13.    Question: Our renters signed a one-year lease, but were evicted after two months. They moved out before they were locked out.  Are we able to charge rent until the unit is rerented? Answer:  An eviction doesn’t end the tenant’s responsibilities. You can charge them up to the time the lease expires or the time the premises are relet, whichever occurs first. However, you do have an obligation to mitigate the losses by attempting to relet the premises.

14.    Question:  I am renting a single family dwelling to three individuals, each of whom submitted a separate application but want to all be listed on the rental agreement. How do I fill out a month-to-month agreement?
Answer:  Have them all sign the same agreement. That way, they would be jointly and severally liable under the lease.

15.    Question:  Several weeks ago, during a wind storm, a large tree fell on my tenant’s car. The tenant thinks I am responsible for the damages, but my insurance company says I am not. Answer:  Unless you were negligent in the way you maintained the tree, you are not liable.

16.    Question: An attorney representing a former tenant states, “The Department of Consumer Affairs suggests that a landlord should not charge tenants for painting after a two-year tenancy.” Is there any standard on this?
Answer: This is merely an opinion and holds no legal weight.  If you can show that the premises were in need of painting due to extraordinary wear and tear, you can charge the tenant.

17.    Question:  Could you please tell me the law on roommates and the return of security deposits when only one vacates the unit.
Answer:  Unless you provide otherwise in your lease, you do not release the deposit until after you regain possession of the unit. It is up to the roommates to figure out who gets what as they are “jointly and severally” liable for the performance of the lease.

18.    Question:  I have several tenants who have damaged their units. What can I charge? Answer:  You can charge for the actual out-of-pocket costs, as well as labor. If you do it yourself, you should charge what the market would charge if you hired someone to do the work. In other words, it must be a reasonable charge.

19.    Question:  Can I refuse to show the premises to a prospective resident because they are obviously intoxicated?
Answer:  Yes, if you are concerned about your safety or just wasting your time, you can refuse to show the premises to an intoxicated applicant. However, make sure the person is really intoxicated and not just under a physical or mental disability.  In order to enter in a binding agreement, the parties must not be temporarily incapacitated by intoxication.

20.    Question: One of our residents brought in a roommate without my permission or consent. We have a clause in our lease prohibiting assignments or sublets of the lease. How do I prove the tenant is in violation of the lease?
Answer: In many cases it is difficult to prove because many times the claim is that they are just overnight guests.  However, if there is enough circumstantial evidence, such as receiving mail at the premises, traveling to and from work, using the laundry and other facilities regularly, you will have enough proof to satisfy most judges.

 

KTS Legal Questions Part 1- Aug 2016

Posted: 15th August 2016 by Melissa in Legal Questions
Tags: , , ,
 

FBS Apartments, Condos and Homes For Rent in 69 zip codes throughout the S.D. Region

FBS operates Rental Properties for Independent Owners utilizing Industry Best Practices which creates direct benefits to our Rental Customers. We have provided Superior Housing Alternatives now in our 5th Decade. Our available rental inventory changes daily. www.fbs-pm.com

As professional managers we must stay on top of local, state and federal laws, regulations and housing codes that are imperative to our clients and rental customers. We review and update our contracts, policies, forms and routines with the help of KTS (Kimball, Tirey and St. John)

 

1.    Question:  If a tenant is evicted, does he forfeit his security deposit?
Answer:  Even though a tenant is evicted, he still has a right to an accounting of the use of his security deposit. The deposit can be used for cleaning, repairs and delinquent rent.

2.    Question:  Does a resident have to stay in his apartment for a certain number of days per month in order for his lease to remain in effect?
Answer:  Not unless the lease requires actual possession.

3.    Question: Our new residents, who are college kids, are driving the neighbors crazy with their partying, and they are only one month into their one-year lease. What kind of notice do I need to serve?
Answer: If the disturbances are major and continuous, or if the police have to be called, you may be able to serve a three-day notice based upon nuisance and commence the unlawful detainer action if they fail to vacate pursuant to the notice.

4.    Question:  Can I have the resident pay more security deposit to make up the difference from rent increases?
Answer:  You can unilaterally change the terms of a month-to-month agreement by properly serving a thirty-day notice of change of terms of tenancy.  This cannot be done with a fixed term lease.  You would have to wait until the lease expires and then upon renewal ask for a higher or additional deposit.

5.    Question:  I rent a house to a married couple.  I have found that they now have a third person living with them. Can I raise the rent, tell them they have to sign a new lease if they want an additional person, or can I say they cannot have additional people in the house since only two people signed the lease?
Answer: If your lease restricts the number of occupants and the tenants have exceeded the limit, it is considered a breach of the lease and can be remedied by serving a three-day notice to perform conditions and/or covenants or quit.  As an alternative, you can invite the third party to fill out an application, if qualified, and add his/her name to the lease.

6.    Question:  Do we have to take pictures of the apartment before a resident moves in? Answer:  Although there is no legal requirement that you take pictures before a tenant moves in, it is a very smart thing to do, especially when you compare your pictures of what the premises looked like to when the tenant moved out. It makes it easy for a judge to see the damage.  Just make sure your pictures are dated, including time of day, and are of good quality.

7.    Question: We have posted no smoking signs on our poolside bathrooms and laundry rooms.  Is this legal? We have been challenged by several residents.
Answer:  Yes, you may provide for no smoking in the common areas of your apartment community since it is a fire and health hazard.

8.    Question: We have an excellent single resident in one of our units.  She has requested to move a troubled friend with relationship problems in with her for a couple of months. What legalities do I need to consider and what additional and/or new forms do I need to have filled out and signed?
Answer:  You could have the additional occupant qualify as a resident and sign the current lease as a tenant. This would protect you in the event the occupant remains and the resident moves out.

9.    Question:  Can a three-day notice be served for the cost of damage to the unit caused by a resident? A five-year-old flooded an upstairs carpeted room, resulting in carpet repair and drywall repair of the ceiling downstairs. The standard lease form in effect clearly provides for the tenant to pay in this circumstance.
Answer:  So long as your lease does not provide otherwise, you can serve a three-day notice to perform conditions or covenants in writing demanding the resident pay for the repair.

10.    Question: Who is responsible for keeping the carpet clean? The tenant or the owner? Answer: The tenant is responsible for leaving the premises, including the carpet, in the same state of cleanliness that existed at the time they first moved in.

KTS Legal Questions July 2016

Posted: 11th July 2016 by Melissa in Legal Questions
Tags: , , ,
 

FBS Apartments, Condos and Homes For Rent in 69 zip codes throughout the S.D. Region

FBS operates Rental Properties for Independent Owners utilizing Industry Best Practices which creates direct benefits to our Rental Customers. We have provided Superior Housing Alternatives now in our 5th Decade. Our available rental inventory changes daily. www.fbs-pm.com

As professional managers we must stay on top of local, state and federal laws, regulations and housing codes that are imperative to our clients and rental customers. We review and update our contracts, policies, forms and routines with the help of KTS (Kimball, Tirey and St. John)

Here are some situations we have asked Ted Kimball to weigh in on -
1.    Question:  I have a month-to-month rental agreement with a tenant and have given a 60-day notice to vacate.  Since the service of the notice, the tenant has not paid the rent so I served  him with a 3-day pay rent or quit notice.  Did that void the 60-day notice?
Answer: The 3-day notice would not invalidate the 60-day notice unless you asked for rent that went beyond the 60-day period.

2.    Question: The present rental agreement is for two tenants. One has passed away.  Do I need to write a new rental agreement with the remaining tenant?
Answer:  You are not required to write up a new lease, the current tenant is still responsible for the full rent and other lease terms.

3.    Question: We rent our detached in-laws quarters in the back yard of our property.  Can we specify in the “house rules” that no visitors are allowed on the property?  Also, can we specify “no smoking” in or around the unit?
Answer:  You could prohibit smoking, since it is a health and fire hazard. Restricting visitors would most likely violate the tenant’s constitutional rights of freedom of association.

4.    Question: We have a tenant who gave us verbal notice to vacate the premises. How do we calculate the rent owed?
Answer:  A verbal notice is of no legal effect. The time begins to run when the written notice was served.

5.    Question:  Can you require that a guarantor for a rental applicant own property or be on the title to real property?
Answer:  Since you do not have to accept a guarantor, you can subject the guarantee to conditions such as requiring the guarantor to own property in California, and/or live in the city where the rental is located.

6.    Question:  I have tenants whose lease ends at the end of this month. Can I begin to show prospective tenants the unit while my current tenants are still under a lease?
Answer:  You can show the property to prospective tenants at any time during the lease, upon giving reasonable written notice of intent to enter (24 hours is presumed reasonable under the law) and the entry is done during normal business hours.

7.    Question:  If one tenant moves from one unit to the other unit within one building, can I deduct the security deposit to cover the damages and fix up for the old unit, then ask them to redeposit the amount of money to make up the security deposit for the new unit?
Answer:  Yes, and hopefully your lease clarifies this right.  If the tenant fails to pay, you can serve a 3-day notice to perform conditions and covenants or quit.

8.    Question:  I have recently purchased a 20-unit apartment building.  Must I have an apartment manager on site 24 hours a day, 7 days a week?

Answer:  California law requires that you have a manager, janitor, housekeeper or other responsible person reside on the premises representing the ownership when there are 16 units or more. They do not have to be working 24/7.

9.    Question: We had two tenants move out and deduct their security payments as a last month’s rent. We have accrued expenses for damages and cleaning. What can we do? Answer: If you can locate the former tenants, you can sue them in small claims court to get a judgment which is valid for 10 years.  As an alternative, you can turn the matter over to a collection law firm that is experienced in collections against former tenants.

10.    Question:  How long does an unlawful detainer judgment stay on the tenant’s record? Answer:  As with all judgments, it is valid for 10 years as far as collection goes, but the credit reporting agencies keep this information for seven years. The judgment also accrues interest at 10% per annum, and can be renewed for an additional 10 years.

11.    Question: I represent an owner of several buildings who has a few tenants that are past due on their rent.  Instead of evicting them, he is offering the tenants a payment plan, if they are willing to sign a promissory note detailing the arrangement.  If the tenant defaults on the promissory note, will he have to start a new eviction proceeding with a 3-day notice?
Answer: A promissory note would not be recommended. Once the tenant signs a promissory note, the rent is deemed “paid” for unlawful detainer purposes and the owner would not be able to serve a 3-day notice to pay rent or quit and proceed with the eviction. Instead, he would have to sue on the promissory note and then try to collect.

Ms. Management July 2016

Posted: 6th July 2016 by Melissa in Ms. Management
Tags: , , ,
 

Carol Levey, writer and creator of Ms. Management also appears as a guest blogger on Rent Sense. Her insights appear in dozens of other industry publications across the country. Carol is a regular presenter at the annual AAMD Education Conference, has served as MC Host for Award Events, and consistently over 35 years of volunteerism taught & authored curriculum for AAMD Education. She has been acknowledged for her outstanding contribution as an Industry Supplier becoming the recipient of the Jack Shapiro Award Winner twice; in 1987 & 1990.

Carol Levey is perhaps more recognized at the national level as an educator in the real estate industry. She served as one of the original team that produced the National Apartment Association coursework leading to the respected NALP designation. Her company Levey Enterprises has provided temporary leasing specialists, site managers and marketing offsite personnel to major apartment community operators throughout Colorado and across the U.S. Her business was founded on decades of experience in property management and executive leadership as a third-party leasing and corporate housing provider.

Read on for this month’s Ms. Management Q and A!

Q. I’m a regional and totally looking forward to NAA Education Conference until receipt of the memo from our company regarding what classes and social events I am expected to attend. Is that not the most ridiculous thing you’ve heard? Back me up on this would you?
A. You’re probably not going to like my response but I know that a lot of money goes out in order for you and others to attend a national conference. Should a company expect accountability for your attendance; should they expect a thorough coverage of the available workshops and; should they want a strong recognizable branding at some of the general assemblies and/or social events? If the answer is yes to any or all of these then organizing beforehand might be a way to accomplish. Some organizations have a game plan to meet up at the conference and there divide up the team according to specific needs and/or preferences. Others go a step farther and include a written synopsis requirement from each attendee so that the best ideas come back to the company. Finally, “best practices” usually include a group evaluation to determine what was gained at the conference combined with the value and/or cost by the support effort “back at the ranch” in order to process continuing value. The conclusions of this process should also be shared with NAA to help with future conference planning.

Q. I’m an apartment manager and have been for quite some time. I followed a regional from my last company. I think this individual has been a great mentor and initially I was so glad to be reporting to him again that I really just trusted in his choice of this new company. To my surprise he was just fired. Help!
A. We often work for people instead of companies so it’s understandable that you might be confused and concerned with this unexpected turn of events. First, I suggest that you view this as a good thing. I say that because your career is yours to manage. A supervisor that has been a mentor to you is something to be grateful for and now it’s time to explore what’s next in your career. You have an opportunity to step forward and confront your fear of the unknown. Address with your mentors supervisor how you were introduced to the industry and your new company. Express your surprise at the termination and your concern that maybe you are viewed as someone too involved with someone that has been terminated. Will it be possible to survive and thrive inside this new company because of this history? Can you be managed on the merits of your work? You have gained from your past mentor and look forward to a new chapter of growth. Be grateful while owning your career. You may be pleased to find that this confrontation clears the air and becomes your first real day at YOUR new company; best of luck.

KTS Legal Questions June- Part 2

Posted: 29th June 2016 by Melissa in Legal Questions
Tags: , , ,
 

FBS Apartments, Condos and Homes For Rent in 69 zip codes throughout the S.D. Region

FBS operates Rental Properties for Independent Owners utilizing Industry Best Practices which creates direct benefits to our Rental Customers. We have provided Superior Housing Alternatives now in our 5th Decade. Our available rental inventory changes daily. www.fbs-pm.com

As professional managers we must stay on top of local, state and federal laws, regulations and housing codes that are imperative to our clients and rental customers. We review and update our contracts, policies, forms and routines with the help of KTS (Kimball, Tirey and St. John)

Here are some situations we have asked Ted Kimball to weigh in on -

12. Question:
I have a prospective tenant whose company will pay his rent as a perk to his job. Who must
sign the lease?

Answer:
It is our strong advice to have both the company and the individual sign the lease. If the
employment is terminated you would have a stranger in your unit without a signed lease.

13. Question:
If a guest causes problems or damages the property, what is my recourse?

Answer:
The tenant is responsible to pay for the repair of any damage caused by their guest’s
negligence or intentional act. If they fail to pay a 3-day notice to perform conditions and
covenants or quit can be served.

14. Question:
If someone owes late charges and NSF check charges, do I give them a 3-day notice to pay
rent?

Answer:
The 3-day notice to pay rent or quit should only include rent – no late charges. A separate
notice to perform covenant for late charges can be served at the same time as the notice to pay
rent is served.

15. Question:
How often can I legally raise the rent?

Answer:
Unless you are under rent control or a state or federal subsidy program, there are no restrictions
as to the number of times you can increase the rent.

16. Question:
One of our tenants is moving out in three weeks. She has refused to allow any prospective
tenants to see the apartment. Is there any way we can force her to let us in since the law says
we have the right to show it?

Answer:
You can serve her with a 3-day notice to perform conditions and/or covenants or quit requesting
that she give you reasonable dates and times for entry. If she fails to comply, an unlawful
detainer action can be filed.

17. Question:
Three roommates signed the lease. If one roommate pays the rent every month from his
checking account, does that mean he is responsible for the rent instead of the other three
roommates?

Answer:
No, each resident is presumed to be “jointly and severally” liable for the breach of any of the
provisions of the lease. This means they are individually, as well as collectively, responsible for
all payments, including rent. Most leases state this in the body of the lease so there is no
question.

18. Question:
If a rental unit is broken into and there is subsequent damage, who is responsible for the
repairs?
Answer:
If the damage is to the rental property as opposed to the tenant’s personal items, the tenant
could be held responsible if the landlord could prove the tenant was negligent for instance by
leaving their doors or windows unlocked. Otherwise, the landlord would likely be responsible to
fix the repair, but would not be responsible for the tenant’s personal items.

 

Were you at the NAA Education Conference in San Francisco this week?

Maybe you can take a moment to read the June issue of the San Francisco Metro monthly publication of Landlord Management Magazine. Since 2007 Rent Sense is a syndicated column and /or blog respected and enjoyed monthly in the state’s 11 major regions by 125,000 subscribers that control 3 million rental homes, condos and apartments throughout California. The vast majority are independent rental owners, serious real estate investors and industry professionals.

In this month’s issue RS authors Neil Fjellestad and Chris DeMarco discuss why renting is the choice of about half the population for a myriad of financial and lifestyle preferences. Residents are savvy consumers that readily research rent rates. Charging the millennial customer above or below market only creates mistrust, unrealistic expectations and a sense of entitlement. Rental ownership is a business and market rentals are essential to each region’s socio-economic infrastructure. As always, Neil and Chris are discussing what they know from more than four decades of RE investment, operating rental properties and the real estate related businesses that support quality housing. They still possess the passion that drives their daily involvement with people and property.

Click the image to view the full magazine!

landlord

KTS Legal Questions June Part 1

Posted: 8th June 2016 by Melissa in Legal Questions
Tags: , , ,
 

FBS Apartments, Condos and Homes For Rent in 69 zip codes throughout the S.D. Region

FBS operates Rental Properties for Independent Owners utilizing Industry Best Practices which creates direct benefits to our Rental Customers. We have provided Superior Housing Alternatives now in our 5th Decade. Our available rental inventory changes daily. www.fbs-pm.com

As professional managers we must stay on top of local, state and federal laws, regulations and housing codes that are imperative to our clients and rental customers. We review and update our contracts, policies, forms and routines with the help of KTS (Kimball, Tirey and St. John)

Here are some situations we have asked Ted Kimball to weigh in on -

1. Question:
I have a two bedroom apartment rented to two roommates. One roommate always pays the
rent on time. The other roommate is habitually late. Can I do an eviction based on a partial
payment even though the month is not over?

Answer:
Both tenants are responsible for the entire amount of the rent so long as they are on the same
rental agreement/lease. You should serve a three-day notice to pay rent or quit for the balance
of the rent and name both roommates. If they do not comply, commence an unlawful detainer
action naming both.

2. Question:
I believe that when a lease is expiring no notice of termination is required. Is this correct?

Answer:
Yes, unless your fixed term lease requires a notice of intent not to renew, you do not by law
need to serve a notice of termination; however it is a good idea.

3. Question:
How much can I raise the rent legally?

Answer:
Unless you are under rent control or a state or federal subsidy program, there are no limitations
on the amount of rent you charge. You cannot unilaterally increase the rent unless your
agreement is month-to-month. In that event, you can serve a written 30-day notice (or 60-day if
the increase is greater than 10% within the last 12 months) to increase the rent. Otherwise, you
must wait until the lease expires.

4. Question:
How can we determine if the roaches in the apartment were the result of bad housekeeping? Is
it our responsibility to get rid of the roaches?

Answer:
Ask your pest control professional to give his or her opinion on how the roaches came into the
apartment unit. The court will rely heavily on expert testimony in these cases. If you can prove
the tenant was responsible for the infestation, they are responsible for the cost of removal.

5. Question:
If our tenant sublets, and the sublessee defaults in the rent, do I give a notice to the tenant or
the sublessee?
Answer:
You serve one notice with both of their names on it to both. They should be evicted in the same
action.

6. Question:
What should I do if I suspect drugs are being sold out of one of our apartments?

Answer:
Call the police and report the incident. Ask the police for any further direction. Document all of
the calls and what you said, did and observed. Finally, contact an attorney to determine
whether or not you have enough evidence to proceed with an eviction.

7. Question:
If a tenant does not give a 30-day notice of intent to vacate, can the full security deposit be kept
by the landlord?

Answer:
You can only deduct for any unpaid rent up to 30 days from the date the tenant vacated if the
tenancy is month-to-month or until the premises are relet, whichever occurs first.

8. Question:
I have signed a lease for one year with a tenant and now he wants to leave after four months.
What is my recourse?

Answer:The tenant is responsible for the rent up to the date the lease expires or the date that you release
the property, whichever occurs first. You must use due diligence in trying to re-lease the
premises.

9. Question:
We served a 60-day notice of termination of tenancy on a renter. We have not received a rent
payment yet, so we served her a 3-day notice to pay rent or quit. Do you recommend that we
start eviction proceedings now or do we wait until the notice expires?

Answer:
You should proceed immediately with the eviction; if they do not have enough money to pay
you, they may not have enough to move out.

10. Question:
A couple moved into our rental unit one month ago. Since they moved in, we have received
eight complaints from the neighbors, who are now at the point of wanting to vacate because of
these complaints. What should I do?

Answer:
If the disturbances are major and continuous, the court may grant an eviction based upon a 3-
day notice to quit, but the disturbances to the quiet enjoyment of the neighboring property must
be severe, and there must be witnesses to prove your case in court if the case is contested.

11. Question:
If you state in the month-to-month contract that rent is due on the 1st of each month, but there is
not a late charge until after the 10th, can the resident pay every month on the 10th?

Answer:
The rent is delinquent the day after the rent is due. Provided that the day the rent was due was
a business day, a 3-day notice to pay rent or quit can be served the next day, even though the
late charge is not yet due.

 

2016-06-01 14.01.00

Ms. Management June 2016

Posted: 3rd June 2016 by Melissa in Uncategorized
Tags: , ,
 

Carol Levey, writer and creator of Ms. Management also appears as a guest blogger on Rent Sense. Her insights appear in dozens of other industry publications across the country. Carol is a regular presenter at the annual AAMD Education Conference, has served as MC Host for Award Events, and consistently over 35 years of volunteerism taught & authored curriculum for AAMD Education. She has been acknowledged for her outstanding contribution as an Industry Supplier becoming the recipient of the Jack Shapiro Award Winner twice; in 1987 & 1990.

Carol Levey is perhaps more recognized at the national level as an educator in the real estate industry. She served as one of the original team that produced the National Apartment Association coursework leading to the respected NALP designation. Her company Levey Enterprises has provided temporary leasing specialists, site managers and marketing offsite personnel to major apartment community operators throughout Colorado and across the U.S. Her business was founded on decades of experience in property management and executive leadership as a third-party leasing and corporate housing provider.

Read on for this month’s Ms. Management Q and A!

Q. I’m a regional manager and have been with my company for several years. We have been active in our local association serving on committees, attending events and educational programs. Recently one of my team was approached by one of our competitors and left our organization. We have all been approached by the competition sometimes at association functions. The owner of the company went ballistic threatening to end all involvement with the association. Help! What can I do?

A. This is becoming more and more an issue especially with all the new multifamily construction around the country with a limited pool of industry talent. We are going to have to get creative and go outside our industry; example the hospitality industry.

Let’s address what you can do to resell your owner on the benefits of membership. Such as your team becoming more professional because of the educational programs which affects the bottom line. Networking often clarifies what is really going on as far as trends. Expanding your list of reputable suppliers is among the numerous benefits I’m confident your owner can agree are important. The reality is people will always do what works best for them at the time. To believe otherwise is not realistic. Most professional organizations are governed by a Code of Ethics but who enforces this? I think everyone recognizes this can’t be the responsibility of the association staff. It puts staff in an awkward position. Some organizations use a committee to govern this responsibility but this extra layer has rarely been popular or effective. This might sound like there are a lot of grey areas and, in fact there are. Everyone has a different perception of what is ethical. So unless there are contracts between management companies what we’re left with is some version of the “golden rule.” The best we can hope for is that members respect boundaries.
Companies and associations need to foster an environment that encourages people to stay. Sir Richard Branson said it best. “Train people well enough so they can leave, treat them well enough so they won’t want to.“