HOA 101

HOA 101 – Understanding your Home Owners Association

Are you currently considering a home that requires you to become a member of their Homeowners Association? As a member of your neighborhood’s HOA, you are obligated to pay fees

to support management and maintenance. There are obvious pros and cons to living in a neighborhood with an HOA. Here is a short breakdown.

Pros to an HOA
- May maintain and pay for the upkeep of certain community amenities, including tennis courts, pools, neighborhood parks, golf courses and playgrounds.
- Helps to Preserve Property Values. Some HOAs may exercise some standards for how the outside of a home should look, including driveways, keeping garage doors closed, or limiting signs in yards. These standards are meant to keep the neighborhood looking good to keep everyone’s home prices up while luring more buyers to the community.
- May mediate disputes between residents. Should there be any animosity towards neighbors, the HOA can step in as an objective third-party and make a decision for both parties.

Cons to an HOA
- Will add extra cost to your monthly payments. HOA fees vary from community to community and it’s important to add the fee to your monthly mortgage payment so that you can fit it into your overall budget. HOAs are not tax deductible.
- Can sometimes feel like “Big Brother” is watching over you making sure your grass is mowed, landscaping is kept up and has appropriate flowers and

have to have a qualified breed of dog.
- May ask to screen and approve another occupant of your home if you decide to rent your home to outside individuals putting the renter’s move-in time on hold.
- Can raise the dues at any time for any number of reasons, such as assessments, lawsuits, cost of living, or simply because other homeowners aren’t paying. This isn’t common; however, it is a possibility to consider.
- Can evict you or foreclose on your home if you do not pay the dues on time and accumulate back fees and additional fines. These HOA liens are not extinguished in a foreclosure and short sale and will follow you wherever you go. So if you or someone you know is in a distressed situation, they need to stay current on their HOA dues in order to avoid litigation, penalties, and interest (or all of the above).

If you are considering buying a home with a HOA, ask to get a copy of the rules, regulations, and bylaws before you sign the purchase agreement, or make your offer contingent upon your receipt and acceptance of the rules. When managed well, an HOA can offer homeowners amenities that are well worth the dues – and is absolutely worth looking into if you’re in the market for a home.

What are your feelings on HOAs? Have you had positive or negative experiences with them? HOAs are more common in areas of Gilbert and Chandler than they are in Mesa, so sometimes they just come as a by-product of the area you are looking for a new home in. Call me if you have any real estate questions, I’d love to earn your business!

The Real Estate Investor's REALTOR®

Realtors have their strengths and weaknesses. Some work well with buyers,

others with sellers. Some have multiple years of experience, others are just getting started. None of this should really matter to you. Here’s what you really want from you

r Realtor:

• A great deal I couldn’t find on my own.
• An honest, thorough assessment of the property’s value.
• A ballpark figure for repairs and maintenance.
Prompt offer preparation and submission to the seller.
• Proficiency with technology (zipForm, DocuSign, email).

These things are what will make your Realtor, Mark R. Hardy,

so valuable. He scours the MLS almost every day for bargains. When he finds one you will get an email with the property listing and recently closed comparables. This email will also contain his estimate of repairs. If you agree with the valuation, he prepares the contract in zipForm (real estate forms software) and will send it to you in DocuSign (electronic signature software).
The question is, when do you want to him to get started?

The Internet and Home Buying

There’s no doubt about it, the internet is now an intrinsic part in the process of buying and selling homes. The majority of people looking to buy a home search the web for homes fo

r sale in their desired area. Savvy buyers and sellers can compare stock from the comfort of their homes at any time of day or night. But when it comes time to actually buy, there’s more to it than just clicking send.

For starters, make sure what you are searching through is worthwhile. You may enjoy searching through lists of fancy homes, but if you are spending a lot of time daydreaming about houses you can’t afford, it is a waste of time. That is fine if what you are after is to kill time, but if you want to find a home, look within your price range.

This brings me to another point: getting pre-approved for a mortgage. It truly is the first step to home buying. It tells you exactly what you can afford, thereby giving you a price range to look within. It also tells sellers you are serious, and prevents losing a home you are interested in, while the sellers accept an offer from someone who’s more prepared.

And while you can find homes for sale, and even lots of great buying and selling tips on the internet, nothing beats the knowledge and expertise of a certified real estate agent—a real, live person. There is a lot of legal-talk and small-print involved in real estate sales documents. Do yourself a huge favor and always have a professional, either a real estate lawyer, a Realtor®, or a mortgage broker, have a look over the paperwork of your real estate transaction. Don’t rely on the other parties professionals. After all, they work for the other party. You want an experienced professional who is working for you to verify that the contract is fair and legitimate. Even if you don’t hire them for their full services, most real estate agents will help you with parts of a transaction for a small fee.

Another thing internet listings are great for is comparative shopping. You might see a great home, but aren’t sure if the price is realistic. A few clicks can show you what other homes in the area are selling for, and also what other types of homes are available in the same price range.

If you are searching around on the internet for great listings, look for an agent that is also web savvy. Some agents have very clear, user-friendly, readable, and informative web sites. Then there are those web sites that are just factory filler. You can tell by reading the text if they are trying to appeal to you, or just manipulating search engines to get into the top ten list. If a site doesn’t have a person behind it, one with a bio about themselves, and clear listings of what homes they have for sale, then it isn’t worth your time.

The key is, no matter what you find on the web, your real estate transaction will happen in real life. So it’s best to use the internet as one

of many tools in your search for the perfect home.

Removing Fixtures Before and After a Foreclosure Sale

The foreclosure sale is scheduled for June 10. On June 6, an investor interested in buying the home at the foreclosure sale makes a visit

to the home. During this visit the homeowner tells the investor that he will be removing all of the upgrades tha

t he installed in the home such as ceiling fans and screen doors. Does the homeowner have the right to remove the upgrades such as ceiling fans and screen doors?

Answer: No. The removal of fixtures without the consent of the mortgage lender before the foreclosure sale is a crime (A.R.S. §13-2204). After the home is sold, the removal of the fixtures

by the former homeowner is criminal theft of the fixtures now owned by the new owner. See A.R.S. §13-1802.

NOTE: It is absolutely crucial you are working with a Realtor that knows the local laws and regs, or you will be in big trouble! As I have always said, real estate is much more about the training and education you should be receiving from your agent than anything else.

If you have any specific scenarios or questions, please email me the questions and perhaps it will be featured in next week’s blog! If you need assistance buying or selling your property in Maricopa or Pinal counties, please contact me today and find out how you can save big $$$ on your tax return next year if you list with Mark Hardy today!

A True Buyer's Agent

Home Sold by Mark Hardy, Chandler, Mission Manor at Ray Ranch

Not all Realtors are created equal. A true Buyer’s Agent has what it takes to help extremely picky buyers find just the right home for them. Check out the home I just helped the Youhana’s buy in

South Chandler which they closed on 0

9/08/2011! For a free market report or home evaluation, please contact Mark Hardy today – “The Name Friends Recommend.”

Three questions that an experienced Realtor always asks their Buyers:
1. How do you spend your time when you are at home?
2. Do you want a fixer or a house that is move-in ready?
3. Are you ready to work

exclusively with me?

Rent vs. Buy

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Many people are asking the question? Does it make

more sense to buy a home rather than rent one? Here are the latest facts:

According to a national real estate website’s data, it is now less expensive to own a home

than to rent one in 72% of U.S. cities.

This percentage will likely increase because analysts feel rental costs are about to explode. Because foreclosures and short sales continue to saturate the

market, this means an ever increasing number of individuals and families will turn to landlords and the rental market in order to find a place to call home as they rebuild their credit. In other words, as they taught you in economics, as the demand for a product goes up while that supply goes down, then prices start to skyrocket!

Even though home prices could still soften in some markets, the cost of owning a home may increase. This is because mortgages may soon get more expensive. Researchers with the Mortgage Bankers Association expect mortgage rates to rise the last three months of this year and continue to increase gradually through 2012.

For most folks, it makes utmost sense to buy a home at a discounted price and secure a 30-year mortgage at an historically low fixed interest rate. This lets you set your housing expense for the next thirty years–while rents keep heading skyward.

Real Estate Investment Class: Re-evaluating your investments in Mesa, AZ

Has your 401K (or other investment monies) been taking a beating the last few weeks as you have watched the market helplessly from your cubicle a

t work – not knowing what you should do? RSVP below if you would be interested in a 45 minute Q&A training meeting on how you can finance your next home purchase including using funds from your 401K or Roth IRAs. Real estate may be the safest investment in this market and I will tell you my “7 secrets” why. Please RSVP below or on the right pane

in the Facebook applet. Refreshments will be provided.

Click here to RSVP:
Click here to get more info about the event:

Encouraging Real Estate News from Phoenix, Arizona

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span style=”font-size: 10pt; font-family: ‘Verdana’,'sans-serif’;”>Foreclosure filings drop in the Valley – Metro Phoenix’s foreclosure activity reached an interesting equilibrium in March.  The number of pre-foreclosures fell to nearly the level of actual foreclosures.  Pre-foreclosures usually outpace actual foreclosures or trustee sales by

a few thousand in the region.  Last month, the number of new notice-of-trustee sales filed dropped to 5,692. At the same time, the number of trustee sales, or foreclosures completed, reached 5,003.  New Phoenix foreclosure filings have been falling during the past few months,

a good sign that fewer people are losing their homes or opting to walk away.  Read article:
http://www.azcentral.com/business/realestate/articles/2011/04/12/20110412arizona-foreclosure-filings-drop-valley.html

Supply of Chandler homes for sale quickly decreasing
http://www.azcentral.com/business/realestate/articles/2011/04/01/20110401chandler-home-values.html

Job openings highest since Sept.’08
http://www.azcentral.com/business/articles/2011/04/13/20110413biz-jobopenings0413.html

Survey: Americans Still Optimistic About Housing
http://www.realtor.org/RMODaily.nsf/pages/News2011041201

Rental market swings back in favor of landlords
http://www.msnbc.msn.com/id/42557802/ns/business-real_estate/

Vulture investors flipping their way to big profits
http://money.cnn.com/2011/04/13/real_estate/vulture_investors_profits/index.htm

There are opportunities abound with these changing market conditions whether you are a homeowner, real estate investor, landlord, or a professional in the real estate industry!  Although the road to recovery will take some time (perhaps many years), it is important that we stay optimistic, do everything we can to provide for our families, and voice our opinion in our local communities. This is certainly encouraging news and I want to publish it because all we hear in the news is the ‘problems’ or ‘negative’ news about the real estate market right now! It is a good life, so make it a great day!

The Tax Advantages of Real Estate – Part 1

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So this time of year, if you are like me and many other folks, you are scrambling to get your taxes in before April 15th as to avoid any penalties

or interest from the dreaded IRS. Luckily many of the dreaded tax changes that were supposed to take effect this year, did not get passed into law. However, for many people, looking for ways to minimize their tax liability – “itemizing” on their 2010 Income Tax Return is a very methodical approach to doing just that. So what are the Tax Advantages of Real Estate though? Both my undergraduate and Master’s degrees are in Accounting, and I am only about a year away from obtaining my CPA license. So, this past year around real estate activities, I have been working with a man named Dan Smith or “Dan the Taxman” at A-Advantage Tax and Financial Services and have been getting some serious tax experience on my record. So, with my accounting background and with what I have learned over the past year preparing taxes, there are three main areas people can itemize or “write-off” various expenses that have incurred throughout the year:

1. Taxes you have paid.
2. Mortgage Interest
3. Charitable contributions – (cash and noncash) donations.

This article focuses on #2 and the other tax advantages associated with owning real estate. Part 2 will focus on pass-through entities and investment real estate held in entities such as LLC’s or S-Corps. Every year, one of the biggest deductions you can take on your federal income tax return is the mortgage interest you pay on any home loans you have outstanding. This is a Schedule A deduction and in addition, you can write off any real estate taxes, and mortgage insurance premiums that were paid during the course of the year. Also, if you are buying a home this year, be sure to save your HUD-1 Settlement Statement that you receive at closing because when you purchase a new home during the year, any discount points and loan origination fees that you pay at closing are also tax deductible. So let us make a list of all the tax deductions associated with owning a home:

• Write off mortgage interest paid (could be multiple properties).
• Real estate taxes

(could be multiple properties).
• Mortgage Insurance Premiums paid.
• Discount points paid at closing (see HUD-1 statement).
• Loan Origination fees.
• 2009-2010 Residential Energy Property Credit (see below).

In 2010, there was a *Residential Energy Property Credit of up to $1,500 that was available for homeowners who make qualified energy efficient improvements to their existing homes. This credit is 30 percent of the cost of all qualifying improvements. The maximum credit is $1,500 for improvements placed in service in 2009 and 2010 combined. The credit applies to improvements such as adding insulation, energy efficient exterior windows and energy-efficient heating and air conditioning systems (see IRS Website).

Having a part of the American Dream is desirable and advantages at more than one level! Not only is it a fantastic market to be in the market for a new home, but you are going to enjoy the tax savings and writeoffs that will come in many years to follow! Call Mark Hardy today to schedule a free tax consultation or to discuss your current goals and plans in obtaining your first, or 10th residential property. Mark has come from a unique background of financial, accounting, and investment experience that is coupled with years of real estate knowledge and know-how. 480-773-5195 or MarkDPRRealty@gmail.com.

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