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Nancy Paine started the meeting by introducing the chapter leadership.
Charles Carpenter said it's time to be planning the next golf tournament which is scheduled for May
9th 2002 (plus or minus a week or two.) Hospice is having another golf tournament
now. If you want to suggest a new benefactor or have any suggestions,
please contact him.
Nancy Baroody is going to publish a new membership roster and needs
everyone to update their information at IFMA. She provided a handout at
the tables which listed the advertising rates. Besides our web site,
it's a good place to find vendor services that support our chapter.
Cindy Stewart introduced Pricilla Danmiller. The two of them are
launching a mentor program. Her handout listed the benefits in helping
new members and guess learn about IFMA and our chapter.
Craig Dunagan, the principal at his law firm spoke on Real Estate and
the Law. The center point of his briefing was to pay
attention to your lease, get involved at the beginning before it's set
in concrete (around your shoes) The only thing that is require for a
contract over one year is your signature. Leases have grown because of
all the problems (just a misunderstanding) that have occurred over the ages.
Your lease should identify all the players, lessee, lessor, sub tenants,
insurance, property manager, lean holders and other financial
identities. Watch out for all players with rights superior to yours.
Your rights and needs must be protected in the lease. Its very important
when someone defaults.
In a multiple tenant building, are the utilities and taxes divided by
the tenants? The utilities may be fair, but the tax burden might be
odorous. If the rent is based on square feet, find out how they
calculate the space. (I'm sure glad I'm the only tenant in my buildings.)
One way to get out of the lease is to buy the building. Another way is Chapter 11.
Document, Document, Document. You must follow the hoops in your
contract when you have a problem with the landlord. For water leaks,
keep records and document the steps you've taken. You should have a
self-help clause and be able to fix something and charge it back to the
landlord when things take too long.
If you sue your landlord, all you can get is his equity in the property.
If the landlord says they are refinancing their loan and just need you to
sign a new contract. Don't sign until you've
read all of the fine print. You probably have 10 days to do this.
Providing a safe workplace is at the forefront. Be sure the parking lot
is well lit and have security walk people to their cars when it's dark.
The lease should allow for both your growth and the possible contraction.
There's a new law in Texas that requires the landlord to refund the
deposit within 60 days in good faith. The lease must specify the late
charges or you don't have to pay. The devil is in the details.
Taxes may be the biggest expense. Watch out if the building is new. The
first year might be based on old assessments. The lease should define
these changes. Watch out for sub lease conditions. (All this makes you want a good lawyer.)
When you leave, You should be able to take out what you want and can
use. The lease should list the conditions.
The landlord only has to do general ADA enhancements. Specific
adjustments will be at your expense.
Renovations and repairs: If the AC fails, you have to fix it. What if
you only have 2 years left on your lease. If you spell it out in your
lease, maybe you can prorate the cost over the life of the unit. What
happens if you loose power and your landlord is slow to repair. What
happens if the building is totaled? What if part of the building is
damaged? You might need an escape clause if you have to have enough
space to do business in.
The landlord needs access to the premises, but you have to have rights
too. The lease should say the landlord must be reasonable when
considering sub leases.
"Pigs get fat and hogs get slaughtered" ( I can't remember how this
expression fit in, but it's true).
Leases have become extremely complex and can approach 60 pages. There
is a push to standardize rather than have each lease an original creation.
Mold - the black plague is becoming a growing concern. You need to take prompt action.
Looking ahead, if you have deep pockets, there's going to be some buying
opportunities out there.
Julie Roessner closed the meeting with a brief announcement about the
chapter's new step program for certification. Our monthly programs will
be keyed to IFMA's core companies. If you are interested in becoming a
Certified Facility Manager (CFM) contact her. |