Supra Maintenance Notification – Tonight June 29th

Dear Valued Customer,

Tonight, Wednesday June 29th starting at 5:30pm PDT and ending at8:30pm PDT, Supra will be conducting routine maintenance at our data center.  During this time our system will be unavailable except to get update codes via KIM Voice or SupraWEB.

How will Updates be Available?

What Will not be Working.

  • SupraNET
  • SupraWEB (only available for update codes)
  • KIM Voice (only available for update codes)
  • Automated Phone Payments (IVR system)
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating

What WILL be Working?

  • SupraWEB (update codes only)
  • KIM Voice (update codes only)

Thank you,
Supra Support Team


May 2016, TGLG Reports: The C.A.R. Spring Business Meetings

Click here to download the PDF version of the newsletter.

Several weeks ago, our Team attended the California Association of REALTORS® (C.A.R.) Spring Business Meetings in Sacramento. This month’s Courtside Newsletter will discuss some of the news and information picked up in the Member Legal Services portion of those meetings.

Legal Q&As

C.A.R. has revised several Legal Q&As, available for review on their website, including:

  • “Team Names” (revised 2/16/2016) – Discusses the definition and use of team names as per the California Bureau of Real Estate (CalBRE) and Business & Professions Code requirements.
  • “Advertising Your Services: Required Name and License Information” (revised 2/29/2016) – Regarding the California laws and regulations, and the C.A.R. Code of Ethics sections that govern how a REALTOR® may advertise his professional services.
  • “Revocable Transfer on Death Deed & Reprint of the Statutory FAQs” (revised 1/22/2016) – Enacted on January 1st, Assembly Bill 139 allows for the creation of a revocable transfer on death (TOD) deed to allow a homeowner to pass property to a beneficiary without a probate, trust, or joint tenancy. C.A.R.’s Q&A explains the purpose and requirements of the TOD deed.
  • “Liquidated Damages and Deposit Disputes” (revised 4/7/2016) – Discusses the liquidated damages clause standard in C.A.R. purchase agreements and the effects of the clause when a buyer breaches the purchase agreement.
  • “Use of An ‘As Is’ Clause” (revised 3/18/2016) – Clarifies the “as is” clause in C.A.R. purchase agreements and outlines its limitations and significance.
  • “Counter Offer Forms (C.A.R. Forms SCO, BCO and SMCO)” (revised 3/15/2016) – Outlines the more important aspects of the C.A.R. counter offer forms, also known as the Seller Counter Offer (SCO), Buyer Counter Offer (BCO) and the Seller Multiple Counter Offer (SMCO). Specifically, it clarifies what must be done in a situation with multiple counter offers and/or back-and-forth between buyer and seller, and when a binding agreement is created.
  • “Contingencies and Contingency Removal” (revised 3/14/2016) – Discusses the more common contingencies found in real estate sales transactions, their appearance in the C.A.R. form Residential Purchase Contract (RPA-CA), and how to remove contingencies under the C.A.R. contracts.

New Legal Developments

  • Impact of TRID on Disclosure of Commissions: The buyer should know how much their real estate agent is going to receive in commissions 7-10 days before the transaction closes. Further, there is now a mandatory field to disclose the commissions of both sides.
  • Fast-Tracked Real Estate License Application for Military Veterans: As a result of Senate Bill 122, effective July 1, 2016, the California Bureau of Real Estate (CalBRE) will expedite licensure process for an applicant who has served as an active duty member of the Armed Forces of the United States and was honorably discharged.
  • Rights of Pregnant Employees: Effective April 1, 2016, California employers must provide employees with a new poster describing the rights and obligations of pregnant employees. Pregnant employees must be provided with pregnancy disability leave (PDL) of up to four months and employers must return them to the same job, or a comparable job in certain circumstances, when they are no longer disabled by pregnancy. The poster also offers further clarification of PDL, including the fact that it is not for an automatic period of time and that it is ultimately determined by a health care provider.
    • A copy of the poster must be provided to the employee when the employer finds out the employee is pregnant.
      o Additional rights and requirements are applicable under the California Family Rights Act and/or the federal Family and Medical Leave Act.
    • If more than 10% of the employees speak a different language, the employer must have policy translated into every language that is spoken by at least 10% of the workforce.

Property Management Hot Issues – Presented by Sanjay Wagle, Legislative Advocate

  • Support Animals: Current law requires landlords to allow service animals on their property, so that handicapped individuals may be afforded the equal opportunity to use and enjoy a dwelling. A “service animal” is defined in the Americans with Disabilities Act as “a dog that has been individually trained to do work or perform tasks for an individual with a disability.” Recently, controversy has arisen regarding a landlord’s allowance of support animals on a property. Support animals are any animal that provides emotional support, therapy, comfort, or companionship. Since they have not been trained to perform a specific job or task, they are not considered service animals.

    As a result of the ongoing argument over the necessity of support animals, Assembly Bill 2760 has been introduced to “provide that a tenant or prospective tenant shall not be prohibited from possessing a support animal on the rented premises or associated common areas if the tenant or prospective tenant satisfies specified conditions.” Amongst those conditions would be:

    • notification to the landlord;
    • the animal must be housebroken;
    • the animal does not disturb the quiet enjoyment of other tenants, or pose a threat to them;
    • the animal does not jeopardize the availability or price of insurance.
  • Furthermore, the Bill would finally define “support animal” as “a support dog, companion animal, emotional support animal, or assistive animal that is prescribed by a California licensed physician or licensed mental health professional in order to treat a mental or emotional illness or mental or emotional disability. A support animal does not include a service animal.”
  • Bed Bugs: Under the recently introduced Assembly Bill 551, California legislature attempts to evoke cooperation amongst landlords, tenants, and pest control operators to address the unique challenge of controlling bed bug infestations. Specifically,
    • Beginning July 1, 2016, landlords will be required to provide written notice to prospective tenants regarding “Information about Bed Bugs.”
      • The notice, outlined in Civil Code Section 1954.12, will also be provided to existing tenants by January 1, 2017.
    • Landlords cannot rent or lease, or offer to rent or lease, any dwelling they know or should know has bed bugs.
      • Such a dwelling is considered untenantable.
    • Tenants cannot bring furnishing onto the property that they know, or reasonably should know, has bed bugs.
    • Tenants must inform the landlord within seven (7) calendar days of finding or suspecting bed bugs.
      • Within five (5) days of being informed, the landlord must retain the services of a pest control operator.
      • If there are bed bugs, the landlord must inform other tenants of units identified for treatment, in writing, within two (2) business days. If common areas are infested, all other tenants will be notified.
    • If an infestation is confirm, the landlord must prepare and implement a bed bug treatment program within 10 calendar days after the infestation confirmation.
      • Tenants will be provided with a cover sheet from the landlord disclosing the date/time of the treatment, length of time of the treatment, and what the tenant must do to prepare, as outlined on a checklist.
      • Entry into units must comply with Civil Code § 1954.
    • Within 30 calendar days after an infestation, landlords will create a written bed bug management plan for the property, which will be made available for tenants.
  • Fair Housing Act – Criminal Records and Tenant Selection: On April 4th, the Department of Housing and Urban Development (HUD) issued the “Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records.” This paper brings to light how a landlord may be violation the Fair Housing Act (FHA) by implementing a blanket ban on potential renters with arrest records. The FHA prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status or national origin. While having a criminal record is not a protected characteristic under the FHA, a blanket ban on potential renters with arrest records could have a disparate impact on racial groups. Per the Guidance, “African Americans and Hispanics are arrested, convicted and incarcerated at rates disproportionate to their share of the general population…” and “criminal records-based barriers to housing are likely to have a disproportionate impact on minority home seekers.” According to HUD Secretary Julián Castro, “Many people who are coming back to neighborhoods are only looking for a fair chance to be productive members, but blanket policies like this unfairly deny them that chance.”

    HUD’s guidance comes after last year’s Supreme Court decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., et al., in which it was determined that disparate impact is cognizable under the FHA. The guidance urges landlords and property managers to reevaluate their rental practices to ensure that they are acting within the law. Blanket bans and requirements that cause disparate impact are illegal. When screening applicants with arrest records, housing providers must take into consideration “the nature, severity, and recency of criminal conduct” and ultimately prove that any policy is “necessary to serve a ‘substantial, legitimate, nondiscriminatory interest.’” In other words, not all past criminal conduct is a risk to resident safety, and landlords need to distinguish what and who could be a risk on an applicant-by-applicant basis.

Click here to download the PDF version of the newsletter.


Supra eKEY Apple and Android OS Updates

Dear Customer,

Apple iOS 9.3.2

Apple recently released operating system iOS 9.3.2 for iPhones and iPads. We completed testing of the new iOS with the eKEY app and are happy to announce there are no issues.

 

Android 6.0.1

Android recently released operating system OS 6.0.1 for Android devices. With this release, the More option (…) no longer displays in the eKEY app or other apps. The More option allows access to additional menu options. To access these additional menu options with an Android device using OS 6.0.1, follow the instructions available here to turn on the Assistant Menu:

http://www.supraekey.com/Documents/TurnOnAssistantMenuAndroid.pdf

 

Thank you,
Supra Support


Supra Maintenance Notification – May 31st

Dear Valued Customer,

On Tuesday May 31st starting at 5:30pm PDT and ending at 8:30pm PDT, Supra will be conducting routine maintenance at our data center.  We are not anticipating any issues, but it is possible for a short period of time our system will be unavailable except to get update codes.

 

How will Updates be Available?

 

What MAY not be Working for a short time?

  • SupraNET
  • SupraWEB (only available for update codes)
  • KIM Voice (only available for update codes)
  • Automated Phone Payments (IVR system)
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating

 

What WILL be Working?

  • SupraWEB (update codes only)
  • KIM Voice (update codes only)

 

Thank you,
Supra Support Team


Supra eKEY Updates and Announcements

Dear eKEY Customer,

 

We have a few announcements we’d like to share with you.

iPhone SE

We have completed testing and are happy to announce the Supra® eKEY® app is compatible with the iPhone SE. For more information on compatible eKEY smartphones and tablets, see our Compatible eKEY App devices document.

 

SupraWEB update

We released an update to SupraWEB, the agent website, to improve the management of keyboxes between SupraWEB and the eKEY app. When a keybox is deleted in the eKEY app it will also be deleted in SupraWEB.

 

iPhone 9.3.1 and eKEY Fob

We have received reports of some customers experiencing difficulties opening the iBox/iBox BT with an eKEY Fob using an iPhone 6/6S that has iOS 9.3.1 or receive an error code 9A0D. This issue appeared when iOS 9.3.1 was released and is affecting a small number of members, click here to see the steps to pair the fob.

Regards,
Supra Support


Supra Maintenance window for April 26

Dear Valued Customer,

On Tuesday, April 26th starting at 5:30pm PST and ending at 8:30pm PST, Supra will be conducting routine maintenance at our data center.

 

How will Updates be Available?

 

What will NOT be Working?

  • SupraNET
  • SupraWEB (only available for update codes)
  • KIM Voice (only available for update codes)
  • Automated Phone Payments (IVR system)
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating

 

What WILL be Working?

  • SupraWEB (update codes only)
  • KIM Voice (update codes only)

Thank you,
Supra Support


Supra eKEY Google Project Fi compatibility

Dear eKEY Customers,

At this time, devices that run on Google® Project Fi are not compatible with the Supra® eKEY® app. We will notify you if this changes in the future.

Regards,
Supra Support


February 2016: Additional New Laws Affecting REALTORS® in 2016

Click here to download the PDF version of the newsletter.

BY: KELLY A. NEAVEL, ATTORNEY AT LAW
CASEY MCINTOSH, PARALEGAL

Our January Courtside Newsletter covered many of the new laws that would affect real estate practitioners in the coming year. However, there were a few more that we felt deserved coverage, as outlined below.

Team Names – Senate Bill 146
With “Team Names” becoming a more complicated feature in the past few years, the California Legislature agreed revisions to the way fictitious business names (FBNs) were being used in real estate were not only appropriate but also an urgent necessity. Senate Bill 146 was backed by both CalBRE and the California Association of REALTORS® (C.A.R) and became effective immediately upon being signed into law on July 16, 2015.

Per SB 146, the California State Legislature clarified that true Team Names are not FBNs for purposes of submitting a certified copy of the fictitious business name statement along with an application to the California Bureau of Real Estate (CalBRE). Codified in Business & Professions Code § 10159.7, “Team name” means: “a professional identity or brand name used by a salesperson, and one or more other real estate licensees, for the provision of real estate licensed services… A team name does not constitute a fictitious business name…if all of the following apply:

a) The name is used by two or more real estate licensees who work together to provide licensed real estate services, or who represent themselves to the public as being a part of a team, group, or association to provide those services.

b) The name includes the surname of at least one of the licensee members of the team, group, or association in conjunction with the term ‘associates,’ ‘group,’ or ‘team.’

c) The name does not include any term or terms, such as ‘real estate broker,’ ‘real estate brokerage,’ ‘broker,’ or ‘brokerage’ or any other term that would lead a member of the public to believe that the team is offering real estate brokerage services, [or] that imply or suggest the existence of a real estate entity independent of a responsible broker.”

It is important to remember that Senate Bill 146 also addresses the advertising and solicitation materials used by the salesperson in marketing with a FBN or a Team Name. When using a FBN, all marketing materials “including business cards, print or electronic media and ‘for sale’ signage, shall include the responsible broker’s identity in a manner equally as prominent as the fictitious business name,” as well as the name and license number of the salesperson who is using the fictitious business name. Furthermore, advertising and solicitation materials cannot contain terms that imply the existence of an entity that is independent of the responsible broker. When using a Team Name, all marketing materials “including business cards, print or electronic media and ‘for sale’ signage, shall include the Team Name, the name and license number of at least one of the licensed members of the team, as well as the responsible broker’s identity.

Trust Fund Withdrawals – Assembly Bill 607
Existing law requires real estate brokers to deposit funds accepted in connection with a transaction to place those funds into a neutral escrow depository, the hands of the broker’s principal, or a trust fund account maintained by the broker. An unlicensed employee of the broker can make a withdrawal from the trust fund, if authorized in writing. More specifically, this unlicensed person must have fidelity bond coverage equal to the maximum amount of the trust funds to which the unlicensed employee has access. Codified in Business & Professions Code § 10145, this bond may have a deductible of up to 5% of the coverage amount, if the employing broker has evidence of financial responsibility. Evidence of financial responsibility includes:

a) Separate fidelity bond coverage adequate to cover the amount of the deductible;

b) A case deposit held in a separate bank account adequate to cover the amount of the deductible and held solely for that purpose; and,

c) “And other evidence of financial responsibility approved by the commissioner.”

This legislation was backed by C.A.R. when REALTORS® reported that bond companies will not sell bond coverage exceeding $100,000 unless the bond contains a deductible, usually of 1-5%. The new law is effective as of January 1, 2016.

Discrimination – Senate Bill 600
Under the Unruh Civil Rights Act, all persons are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, including both private and public entities, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation. Senate Bill 600, codified in Civil Code § 51, extends these protections to persons regardless of citizenship, primary language and immigration status. However, these protections do not require the provision of services or documents in a language other than English, beyond that which is required by law. This is important for real estate licensees to note, as they are considered “business establishments” under the Unruh Civil Rights Act. Per C.A.R., “the Unruh Act will generally apply to an owner of property offering commercial or residential units for rent, and to the sale of real property where the owner is in the business of selling properties.” This law became effective January 1, 2016.

As always, we encourage you to seek qualified legal counsel should you have any questions or concerns regarding these new laws.


Supra Maintenance Notification – Tuesday February 23rd

Dear Valued Customer,

On Tuesday, February 23rd starting at 5:30pm PST and ending at 8:30pm PST, Supra will be conducting routine maintenance at our data center.

How will Updates be Available?

What will NOT be Working?

  • SupraNET
  • SupraWEB (only available for update codes)
  • KIM Voice (only available for update codes)
  • Automated Phone Payments (IVR system)
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating

What WILL be Working?

  • SupraWEB (update codes only)
  • KIM Voice (update codes only)

Thank you,
Supra Support