Saturday, September 10, 2016

Response to Brian Lincks - City Property Management

From: John Sellers
Sent: Saturday, September 10, 2016 8:14 PM
To: 'Brian Lincks' <brian@cityproperty.com>
Cc: '
All City Property Management Staff by email
Subject: RE: Arizona Realtors and HOA disclosure + The Crossings at Willow Creek HOA Prescott potential bankruptcy

Brian
I’m sorry but can you clarify a little bit? I had a bit of a problem with the English language bit. See highlights below in yellow.
1.       As a Management Company, you have an indemnity from the HOA under your Management Contract? See City Property’s own contract language with indemnities below. If so, its circular. You are not really liable for anything in that case are you?
2.       In such case, other than a defining Superior Court case, what responsibility do you take as Management Company?
3.       Correct me if I got it wrong with false info- please.
4.       Are you a licensed realtor?
5.       If you would like to see a case where the realtor was sued, be happy to provide you with a live update on the issues in the Crossings.
6.       Who provides your $1mm liability insurance?

Regards
The Arizona Homeowners Forum
Visit our blog at www.arizonahoa.blogspot.com

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ARTICLE VIII -- INDEMNIFICATION OF MANAGEMENT

The Agent shall maintain in force, for the entire term of the Agreement, liability insurance in an amount of at least $1,000,000 per occurrence, a fidelity bond as specified in this Agreement, workers’ compensation insurance as required by Arizona law, and such other forms of insurance and bonding as Agent determines.

            The Association agrees to hold Agent harmless and defend and indemnify it for and against any claim, causes of action and fees arising out of any of the following:  (i) any act or omission by the Association, its members, directors, officers, employees or agents other than the Agent which violates any law, ordinance, statute, regulation or ruling of any county, municipal, state, federal, or governmental authority, (ii) any act by the Agent undertaken in compliance with instructions of the Board or within the scope of Agent’s duties as detailed herein, which does not amount to an independent act of negligence or a breach of contractual duty on the Agent’s part.

            Agent agrees to hold the Association harmless and defend and indemnify it for and against any claims, causes of action and fees arising out of any of the following:  (i) any act or omission by Agent, its members, directors, officers, employees, or agents which violates any law, ordinance, statute, regulation or ruling of any county, municipal, state, federal, or governmental authority unless such action is taken at the express request of the Board, (ii) any act or omission by Agent, its members, directors, officers, employees, or agents undertaken in violation of the instructions of the Board or this Agreement, or (iii) any independent act of negligence or breach of contractual duty by Agent, its members, directors, officers, employees, or agents. 

            Agent assumes no liability whatsoever for any acts or omissions of the Board or Association, or any previous Boards or current or previous owners of the property, or any previous management company or other agent of the Association. Agent assumes no liability for any failure or default by any individual owner in the payment of any assessment due Association or in the performance of any obligations owed by any owner, agent, or vendor to Association pursuant to any contract, lease or otherwise.  Further, Agent does not assume any liability for violations of environmental or other regulations which may become known during the term of this Agreement. Any such regulatory violations or hazards discovered by Agent will be brought to the attention of Association in writing, and Association will promptly cure them.

All exculpation and indemnity provisions contained herein shall survive any termination of this Agreement.
Copy AHF Blog
The Arizona Homeowners Forum
Visit our blog at www.arizonahoa.blogspot.com
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From: Brian Lincks [mailto:brian@cityproperty.com]
Sent: Saturday, September 10, 2016 2:57 PM
To: John Sellers <Jas@arizonahomeowners.net>
Subject: Re: Arizona Realtors and HOA disclosure + The Crossings at Willow Creek HOA Prescott potential bankrupcy

Hey John, you are unaware and lack knowledge, the management company if providing disclosure on behalf of the HOA, is all ready liable for a improper disclosure!!
If you are do(?) damn knowledgeable, site(?) a case where the realtor was liable in Arizona for an hoa issue since the disclosure statute put the responsibility on the Hoa/ management ??
You are fear mongering, with false info!
Sent from my iPhone