Preventing Litigation in Property Management 301 (Advanced)

To say “property management is full of conflict and often litigious” would be the understatement of the century. To avoid lawsuits you need to know where they most often come from and prepare yourself to deflect them before they become a full-blown lawsuit. We’ll address foreclosures’ HOA battles’ move-out inspection disputes, mold claims, wrongful dispossessed, personal property disputes, constructive eviction, “They trashed my house and I blame you”, disbursing to the wrong owner, rodents and more. This is about managing high-risk issues for property managers and preventing lawsuits. This class is a joint venture with the law firm of Gilroy Bailey Trumble LLC and is often taught in part by one of their attorneys.

3 HR Class with Handouts

This workshop is 3 hours and can be taught with (or without) Georgia CE credit. Topics can also be adapted for conference breakout sessions or luncheon events. It is not state specific. See table of contents below.

3hr GREC Course #61562

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3 Hour Class Description

Property management is full of conflict and litigation and needs constant preparation and oversight by someone skilled at recognizing the sources of litigation and the steps to take to prevent the conflict from ending in a court battle. This course addresses the five big litigation issues property managers face in addition to a host of smaller issues that often turn litigious (see outline below). We’ll end by asking students to identify their biggest issues threatening litigation and address strategies to prevent them.

It’s all about ...

• Recognizing litigation in its infancy stage
• Adding language in agreements to protect yourself
• Having documents to be signed up front before doing business to prevent litigation
• Being aware of litigious hot spots
• Having systems in place in the office to deal with conflicts before they get ugly

This class was co-written by Robert Locke RMP, MPM and attorney Monica Gilroy, managing partner of Gilroy Bailey Trumble LLC. Monica is a real estate litigator and specializes in landlord/tenant disputes. This class is often co-taught by Locke and Gilroy.

3 Hour Table of Contents

1. Major Sources of Litigation
   1. Foreclosures
   2. New Lead Paint Rules
   3. Managing HOA Battles
   4. Managing Mold Claims
   5. Move-Out Disputes
2. Other Sources of Legal Battles
   1. Home Warranties
   2. Unlawful Dispossessory
   3. Constructive Eviction
   4. Trust Account Deadlines
   5. Personal Property Disputes
   6. They Trashed My House
   7. Distributing to the Wrong Owner
   8. When Rodents Move in Without a Lease
   9. Owners Refusing to do Maintenance
3. Your Challenges. What did we miss?

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1 Hour Conference Version: Preventing Litigation in Property Management

The conference version is not the same as the 3 hour class. It proposes specific language to add to management agreements (and leases) to ward off the threats of being sued in addition to strategies to buff efforts to drag you into a courtroom battle.

Conference Version Table of Contents

1. Contract Language that Helps Prevent Litigation
2. Office Procedures that Help Prevent Litigation
3. Options for Working Your Way Out of an Issue
4. Specific Situations That Tend to Trigger Litigation and How to Protect Yourself From Them