FROM THE PRESIDENT - Don Schmidt
 Hope you all had a happy and merry holiday season. Did you come out of the holiday season with more than what you had when you went into the holiday season, like maybe five or ten pounds? Although our association cannot help you with your additional pounds, I hope that we have given you more knowledge in 1997 than what you had the at the end of 1996.
On November 17, 1997 we had the last meeting of the year. The main subject of this meeting was House Bill 361. As most of you know, this bill is the first major new landlord-tenant legislation in this state for many years. Allen Baker was our guest speaker and explained this legislation in terms that we can understand. Allen is not only an attorney, but he has been a landlord for the last twenty years. This legislation addresses many landlord-tenant issues. An example of the issues addressed are:
1. Tenants involved with drugs.
2. How to handle abandoned units.
3. Tenants doing their own repairs and deducting from rent.
4. Speeding up the eviction process.
5. Requirements that a buyer has to the tenants of newly purchased property.
6. Establishment of a tenant and landlord court.
Allen cautioned us that since this is new legislation, it has not been tested. He also pointed out that the landlord tenant court has not yet been established. We need to watch this landlord tenant court issue in the future with regards to who is to be appointed to conduct this landlord tenant court. Other items discussed were what does Missouri mean by a 30 day notice, how to a handle late rent, and what is perceived to be abandoned property of the tenant.
To start the new year, we have decided to conduct a major membership drive. 1998 is a critical year for our association. If we are to be a viable Association we must have a strong representative membership. We need our existing members to renew their memberships and we need to recruit new additional members. In early January we will mail over one thousand flyers to landlords in the Carondelet/Holly Hills area. Remember to mail your dues as soon as possible, or better yet bring them to our next meeting on January 19, 1998. The dues are 20 dollars this year. Also, we are looking for candidates for the Board of Directors. This will be an election year for all of the Officers.
Happy New Year everybody, I wish you all a healthy and prosperous 1998. Let's all work together "TO MAINTAIN AND IMPROVE PROPERTY VALUE, IN PARTNERSHIP WITH THE COMMUNITY, TO ATTRACT QUALITY TENANTS AND TO HAVE A SAFE, DESIRABLE NEIGHBORHOOD." Remember, there is no saturation level for knowledge. A knowledgeable Landlord is a good Landlord and an effective business person.
LEGISLATIVE REVIEW
This column is new for 1998. It will review both recent and not so recent legislation that is helpful to landlords and their neighbors. This month we will review three pieces of legislation passed in 1995 by the Missouri legislature.
1. This legislation modified 67.440 and 67.410 of R.S. MO. and allows the city to sue property owners for anticipated cost of repairs or demolition. It allows cities to enact ordinances which require property owners to repair or demolish their building(s) if the building(s) are found to be "detrimental to the health, safety or welfare of the residents of the city . . . the existence of which constitutes a nuisance". The most significant provision allows the city to sue the property owner for the anticipated cost of the repair or demolition prior to the time the repair or demolition is commenced. In the past the city had the authority to demolish the property and place a lien against the property for the cost of the demolition. Now the city can get the money in advance, not only for demolition but for repairs as well. Certain procedures are established to guarantee the property owner his constitutional rights to due process.
2. Procedural amendment to update 82.1025 R.S. MO. Small Claims Court action. The amendment specifically deals with the right of property owners "Within a reasonable distance to a parcel of property which is alleged to be a nuisance" to bring an action in Small Claims Court against the offending property owner for decrease in property value of the neighbors (plaintiff) property, caused by the nuisance property owner (defendant). The suing property owner(s) are presumed to be an expert in the value of his or her own property, and can testify to the amount of damage caused to his or her property by the failure of the offending property owner to maintain their property.
3. Amendments to 441.520 R.S.MO. Allows more entities to sue owners of properties alleged to be in violation of this City's Housing Code. These changes allow the city, the tenants of a building, any not-for-profit organization set-up to enhance housing opportunities in the City, or any property owner or tenant within 1,200 feet of the property in question to sue the owner of the property alleged to be in violation of the City's Housing Code. If the court determines that the property is in violation of the City's Housing Code, it can order all rents from the property to be turned over to a trustee who is authorized to use the rental income to make the repairs to the property necessary to bring the property up to City Housing Code requirements. After it is determined that the property meets the Housing Code, the payment of rents are then returned to the property owner.
The above is for informational purposes only. You must consult with an attorney if you have additional questions or desire to take advantage of any part(s) of the above legislation.
This input was provided by James Magnus.
TOP TEN LANDLORD MISTAKES!
1. Not screening the tenant.
2. Not doing a move-in inspection report.
3. Not getting an occupancy permit.
4. Poor or no property maintenance.
5. Not being responsive to tenant's concerns.
6. Non-responsive to neighborhood complaints.
7. Not having a "rules of conduct" with the lease.
8. Not conducting frequent visits to the property.
9. Not knowing when and how to file for an eviction.
10. Not returning the tenant's security deposit.
FINANCIAL STATEMENT
- Cecelia Rauls
Date
12/31/96
01/10/97
02/09/97
03/10/97
03/10/97
04/28/97
05/08/97
07/22/97
07/22/97
08/28/97
09/15/97
09/15/97
09/15/97
10/30/97
10/31/97
12/10/97
12/17/97
12/17/97
|
Item
Balance
Print Newsletter
Deposit Dues
Misc. Supplies
Printing
Deposit Dues
Print Newsletter
Drawing J. Magnus
Postage
Filing Fee (State)
Postage
Drawing W. Bodine
Printing/Postage
Deposit Dues
Kinko Printing
Deposit Dues
Contract
Ending Balance
|
Debit
. . . . .
57.61
. . . . .
16.91
23.51
. . . . .
25.52
30.00
15.00
22.00
30.00
30.00
31.85
. . . . .
100.58
. . . . .
75.00
. . . . .
|
Credit.
. . . . .
. . . . .
210.00
. . . . .
. . . . .
90.00
. . . . .
. . . . .
. . . . .
. . . . .
. . . . .
. . . . .
. . . . .
20.00
. . . . .
180.00
. . . . .
. . . . .
|
Balance.
$901.53
$965.06
|
A SPECIAL THANK YOU
As you all know by now, we are conducting a membership drive for 1998. We are making every effort to contact all Landlords in the Carondelet/Holly Hills area. Thanks to Brigitte Pidduck for providing pre-printed mailing labels for this project. However, the mailing labels had to be edited to identify only Landlords and then placed on envelopes. A special thanks to the following members who gave up one of their evenings to accomplish this task.
Pat Whitt, Mel Ossowsky, Vera Heberer Warren Bodine, Jim Bruggeman, Jane Alles, Ron DeMierre, Cecelia Rauls, Patty Hofer, Al Hofer, Mark Baier.
CHECK YOUR CALENDAR
It's that time of the year again. Time for New Year's resolutions and time for taxes. Our guest speaker for January's meeting can not help with your resolutions but he might be able to help you in the area of taxes. John J. Roth, CPA is a senior manager for Baird, Kurts & Dobson. John specializes in providing tax planning and consulting services to both individual and corporate clients and provides personal and business income tax consulting services, estate and gift planning and personal financial planning services.
On our November meeting the drawing did not yield a winner. The name of the member drawn was not present at the meeting therefore no winner was declared. That means that the January drawing will be worth 50 dollars. What a way to start off the new year. Win 50 dollars and save money on your taxes. What a deal. Hoping to see you January 19th and again HAPPY NEW YEAR.
NEXT MEETING
PLACE: Southern Commerical Bank - 5515 S. Grand
DATE: Monday, January 19, 1998
TIME: 6:30pm-9:00pm
AGENDA TOPICS
6:30-7:00 Membership Drive/Social
7:00-7:05 Welcome
7:05-7:15 Business Update
7:15-8:15 The Taxpayer Relief Act of 1997 - John J. Roth, CPA
8:15-8:30 Neighborhood and City Service Update - Brigitte Pidduck
8:30-8:55 General Discussion of Members' Concerns
8:55-9:00 RAFFLE
Don't forget the trip to Jefferson City on January 28,1998 to have lunch with the legislature. Contact Patty Hofer at 352-9140 if interested.
NEW MEMBERSHIP DUES ARE $20.00. PLEASE COMPLETE THIS FORM AND MAKE A
CHECK OR MONEY ORDER PAYABLE TO:
CARONDELET/HOLLY HILLS LANDLORDS ASSOCIATION
NAME
ADDRESS
CITY STATE ZIP
PHONE #
MAIL TO:
CARONDELET/HOLLY HILLS LANDLORDS ASSOCIATION
P.O. BOX 25154
ST. LOUIS, MISSOURI 63125 PHONE: 314-544-5572
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