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The CAM designation is offered by: A. BOMA B. NARPM C. IREM D. NAA 2. Jose hires a property manager after inheriting two rental houses in another city. He's probably going to sell the houses, but he's not sure yet. Jose would be described as an: A. incidental or interim owner B. investor-owner C. institutional owner D. incremental owner 3. The central aim that guides a property manager's work, no matter what context the manager works in, is managing the property in order to: A. generate the greatest net income for the owners B. increase the property's value as much as possible C. ensure that the property reaches its highest and best use D. achieve the owners' goals for the property 4. Which of these organizations lobbies on behalf of the commercial real estate industry and is also the oldest professional association for property managers in the United States? A. BOMA B. NARPM C. IREM D. NAA
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© 2020 Rockwell Publishing Answer Key Page 1
Explanation: CAM stands for Certified Apartment Manager®, and it's a designation offered by the National Apartment Association® (NAA).
Explanation: An incidental or interim owner acquired the managed property as a result of legal procedures or other circumstances (in this case, an inheritance), instead of deliberately purchasing it as an investment.
Explanation: A property manager's central task is achieving the owners' goals for the property, whatever those goals may be. While generating the greatest net income and increasing the property's value are the most common goals of investor-owners, they aren't the only ones. For example, a particular client might also be especially concerned with the impact his property has on the surrounding community. Also, an institutional property owner wants the property managed in the way that will best serve the institution's own current needs.
Explanation: This describes BOMA, the Building Owners and Managers Association International®.
Explanation: In some states with licensing requirements for property managers, a property owner's relative can help manage the property even though the relative is unlicensed.
Explanation: The industrial category includes factories and other manufacturing facilities, but it also includes properties used for business support services, such as warehouses and distribution facilities. Thus, the shipping and receiving facility for a large retail business would be considered industrial. Military housing is categorized as special-purpose property. Although big-box stores are sometimes called warehouse stores, they're retail rather than industrial property.
Explanation: The CPM (Certified Property Manager®) designation is offered by IREM, the Institute of Real Estate Management®.
Explanation: The apartment building owned by a limited partnership is the best example of investment property, because it was purchased to generate a financial return on the invested funds, not for the personal use of the partners. While ordinary single-family homeowners may rightly regard the home they own as an investment (since they're hoping it will have appreciated in value by the time they sell it), the home is owned primarily for personal use and therefore isn't usually classified as investment property.
Explanation: A property manager's day-to-day tasks in connection with a managed property will vary dramatically depending on the type and size of the property. Managing a single-family rental home is very different from managing a downtown office building; and managing a small office building is very different from managing a skyscraper. While the manager's tasks are affected by the client's goals, the goals of most clients are fairly similar. The volatility of the rental market can also have a big impact (a period of high tenant turnover dictates a different focus than a more stable period), but it doesn't make as much difference as the type and size of the property.
Explanation: Someone who manages institutional property (property occupied and used by the same entity that owns it) is commonly called a facilities manager.
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Explanation: This is a liquidated damages clause. Liquidated damages is a sum of money that the parties to a contract agree in advance will serve as full compensation for one party if the other breaches the contract. Although different jurisdictions may place various restrictions on liquidated damages, this type of provision is generally accepted and legal. In many cases, it is convenient for both parties.
Explanation: A management agreement usually requires the manager to submit written financial reports to the client on a monthly basis. The agreement certainly can require more frequent reports than the law does; in fact, the contract can require reports even if there's no legal requirement.
Explanation: A property manager does not ordinarily give the owner tax advice or prepare the owner's tax returns, so that would not be addressed in a typical management agreement.
Explanation: When an investor has limited liability (as in the case of a corporate shareholder, for example), then her home and other personal assets are protected from the creditors of the business. In contrast, an investor with unlimited liability has no such protection; if the assets of the business are insufficient to satisfy the business creditors' claims, the creditors can go after the investor's personal assets to collect the rest of the money.
Explanation: Under general agency law, the potential for vicarious liability is one of the legal consequences of establishing a principal-agent relationship, but it is not one of the agent's fiduciary duties.
Explanation: A typical management agreement obligates the property owner to do all of these things. The owner is usually also obligated to keep the property insured and to provide funds to cover operating deficits. And, of course, the owner is obligated to pay the manager's compensation as agreed.
Explanation: The organizer of a real estate investment syndicate may be referred to as the syndicator or sponsor. Whether the syndicator has unlimited or limited liability depends (as it does for the other investors) on what form of organization was chosen for the syndicate. The syndicator may manage the property or properties, or the syndicate may hire a property manager.
Explanation: The authority granted and the responsibilities assigned in a management agreement commonly make the property manager the client's general agent in regard to the managed property or properties.
Explanation: All of the answer options are correct statements. Most states require a management agreement to be in writing and signed by both the manager and the client; if so, an unwritten agreement would be unenforceable. Even in those states where it is not required, a written agreement is always advisable. For most clients, a property manager can use a preprinted form to create the management agreement, but in some cases a specially drafted contract is needed.
Explanation: In a general partnership, all of the partners have unlimited liability for the debts and obligations of the partnership. Each partner's personal assets can be reached by the creditors of the partnership.
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Explanation: Warren must decide whether working with these clients on the terms that they've proposed (counter-proposed) would be acceptable to him. There's no reason to think that they have not understood his proposal, and they might well be annoyed, if not insulted, if he makes further efforts to persuade them at this point (as in option a). It's unlikely that a property manager, especially a new one, would have the negotiating clout or nerve that option c) suggests; in any case, that wouldn't be a good starting point for a harmonious manager-client relationship. The question doesn't provide enough information to conclude, as in option d), that these clients won't fulfill the legal responsibilities of ownership.
Explanation: In the property analysis, the manager researches and evaluates the property's current physical condition, its management, leasing, and operations, and its financial condition. (A schedule of suggested rents would be part of the market analysis, not the property analysis.)
Explanation: A property's submarket will consist of buildings that are similar in size and character and have similar rental rates. They do not have to be in the same neighborhood; other nearby neighborhoods may be (and perhaps should be) included if they contain similar properties that are in competition with the subject property.
Explanation: In a cost-benefit analysis, if the costs and the benefits have been added up carefully and the total costs exceed the total benefits, then the project in question is not financially justified. (Both tangible and intangible costs should always be included in the cost figure. Also, the client's consent is generally needed for any significant change, but if the costs outweigh the benefits, the client is unlikely to approve it. In fact, the manager is unlikely to propose it.)
Explanation: Only option d (zoning, transportation, and vacancy rates) lists three items that would all be part of the neighborhood analysis.
Explanation: Most managed property is located within an MSA (or possibly in a metropolitan division of an MSA, or in a micropolitan statistical area), and this is the most likely geographical scope for the property manager's regional analysis. Data pertaining specifically to the property's neighborhood or zip code area might well be useful in the neighborhood analysis, but would usually not be part of the "big picture" regional analysis.
Explanation: If the manager has some dramatically different ideas for marketing the property, then a separate marketing section would be appropriate in the management plan. Otherwise, suggestions for relatively minor marketing changes can be included in the analysis of alternatives section of the management plan, along with a cost-benefit analysis.
Explanation: In a property manager's preliminary study, the property analysis is ordinarily performed before the market analysis, not after, since the manager needs to be very familiar with the client's property before comparing it to the competition. The property analysis should evaluate not only the property's physical condition and appeal, but also its operations, leasing, management, and financial condition. A recent appraisal would be of interest to the manager, but the property analysis does not have to be based on an appraisal (and, in fact, ordinarily would not be).
Explanation: The property manager will use market analysis to arrive at a basic rental rate for each category of unit (studios, one-bedrooms, two-bedrooms) in the Clarion building, and then will adjust that basic rate for specific units depending on their features, both positive and negative.
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Explanation: Variable expenses, such as maintenance costs, tend to increase when a building's occupancy rate increases. Fixed expenses, such as property taxes, stay the same.
Explanation: All of these are forms of public relations. In the property management context, their common purpose is creating and maintaining the reputation of the property, the client, and/or the property manager.
Explanation: Qualified prospects are those who have a need for the property (as well as the financial means to rent it). Marketing to the whole town or to all local businesses would probably generate considerable interest but few qualified prospects for an office building that caters to legal and accounting professionals. Although there are only 42 lawyers and accountants in town, marketing to them is likely to result in the highest number of qualified prospects for the least amount of money.
Explanation: A traffic report tracks how many prospects inquired about the property, how many were shown a space or unit, and how many ended up as tenants; in addition, it lists how many prospects heard about the property through various sources.
Explanation: This is generally considered an acceptable practice, and it could be an effective way for a new property manager to find clients. Property can end up in bad condition for many reasons, so that isn't a reliable indicator of what type of client the owner would turn out to be.
Explanation: Demographics refers to data concerning the characteristics of a particular human population, such as age or economic status. Generational marketing segments the market for products into age-based groups that tend to share certain social, economic, and psychological characteristics. For example, it draws a distinction between the buying habits of Baby Boomers and those of Gen X-ers.
Explanation: Generally, unsolicited commercial emails fall under the purview of the CAN-SPAM Act, so Larry should check that law's requirements. The Do Not Call law governs unsolicited phone calls and would not apply to an email campaign.
Explanation: Display ads may contain text as well as photos, floor plans, a logo, and so on. Virtual tours are possible only in Internet advertising, not in print advertising.
Explanation: A conversion ratio indicates how many prospects it takes to get a signed lease for a rental space. It is used to evaluate the effectiveness of various marketing efforts.
Explanation: Branding is the process of developing an image for a company or product in the minds of the target audience.
Explanation: Ads may violate the Fair Housing Act if they seem to indicate a preference for a certain type of renter. In display ads, using models that represent different types of people helps avoid giving that impression. In other words, that isn't a violation of the Fair Housing Act, it's a way of avoiding a violation.
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Explanation: Most leases include a provision prohibiting assignment and subleasing without the landlord's consent. That's true of residential leases as well as commercial leases. Courts in some states have held that this type of provision does not entitle a landlord to "unreasonably" withhold consent, especially if it's a commercial tenancy. However, it's much better from the tenant's point of view if the provision itself specifically states that consent cannot be unreasonably withheld.
Explanation: Any tenancy that automatically renews for a certain period (unless there is notice of termination) is a periodic tenancy. The most common example is a month-to-month apartment tenancy.
Explanation: An escalation clause calls for rent increases at fixed intervals (typically once a year) during the term of a commercial lease.
Explanation: A property manager is required to request identification so that she can check the prospective tenant's name against the SDN watch list, to comply with the Patriot Act. Neither a credit check nor a background check is required by law.
Explanation: A sublease may be called a sandwich lease, because the sublessee pays rent to the original tenant, who in turn pays rent to the landlord. The original tenant is thus sandwiched between the landlord and the sublessee.
Explanation: Leases for industrial property are usually the longest, given the need to install specialized equipment. Lease terms may be 20 or 30 years, or even longer.
Explanation: As a general rule, a security deposit is not treated as liquidated damages. If it isn't enough to cover all of the damage caused by the tenants and/or all of the rent still owed, then the property owner can sue the tenants for the rest.
Explanation: A prospective commercial tenant's application and other documents are commonly called the qualification package.
Explanation: Residential tenants are almost always responsible for cleaning their own units and performing simple maintenance tasks in their units; the manager is responsible for the common areas. In some commercial buildings, management provides cleaning and other maintenance inside the leased spaces; in others, tenants have their own contracts with janitorial services.
Explanation: An R/U ratio states the relationship between rentable area and usable area for a commercial space. The usable area is the number of square feet the tenant occupies exclusively; the rentable area is the usable area plus the common areas. The R/U ratio can be used to determine what share of the common area expenses a commercial tenant has to pay.