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


Supra eKEY app for Android

Dear eKEY Customer,

On Monday, February 15th, we release a new version of the Supra® eKEY® app for Android™, version 2.2.4.873. This update improves communication performance with the iBox BT and iBox BT LE.

To take advantage of this new version, simply update the eKEY application from the Google Play™ store.

Thank you,
Supra Support


Supra Maintenance Notification – February 14th, 2016

Dear Valued Customer,

On Sunday, February 14th starting at 5:00am PST and ending at 10:00am PST, Supra will be conducting routine maintenance at our data center.

How will Updates be Available?

  • SupraNET
  • SupraWEB
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating
  • KIM Voice (888-968-4032)

What will NOT be Working?

  • SupraNET (key assignments, payments and access to billing information)
  • SupraWEB (payments and access to billing information)
  • Automated Phone Payments (IVR system)

What WILL be Working?

  • SupraNET (all other functions except those mentioned above)
  • SupraWEB (all other functions except those mentioned above)
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating
  • KIM Voice (update codes only)Thank you,
    Supra Support Team

C.A.R. Form Revisions from January’s Meeting

As discussed at the MLS Meeting on Tuesday, February 9, 2016 here are the updated C.A.R. forms for your review:

December 2015 Form Release Quick Summary

Jan 2016 Meeting Revised RPA Draft

Jan 2016 Meeting Revised RLA Draft

Dec 15 Quick Summary_v6

2nd group Meeting Jan 2016

1st Group New Forms Meeting Anaheim

For additional details, please visit http://www.car.org/legal/standard-forms/new-forms-and-revisions/


Supra eKEY app for BlackBerry PRIV

Dear Supra Customer,

Good news!

The Supra® eKEY® app is now compatible with the BlackBerry® PRIV™. The BlackBerry PRIV is a new BlackBerry smartphone that runs on the Android™ OS. The Supra eKEY app for Android OS devices is available on the Google Play™ Store.If you are interested in using the eKEY app, you can download it and try it out in demo mode.

If you already have the eKEY app and would like to switch to using it on the BlackBerry PRIV, first download the app. Then go to www.supraekey.com, log into the SupraWEB agent website and select the Authorization Code link. As soon as you enter the code into your new device, your eKEY service is officially transferred to your new device.

If you are new to the eKEY app, contact your association/MLS about signing up to use eKEY.

For more information on compatible eKEY smartphones and tablets, see Supra’s Compatible eKEY App devices document.

Regards,
Supra


January 2016: Several New Laws Affecting REALTORS® in 2016

Click here to download the PDF version of the newsletter.

BY: JOHN V. GIARDINELLI, ATTORNEY AT LAW
CASEY MCINTOSH, PARALEGAL

California’s Legislature once again boasted of a busy year in 2015, preparing and passing numerous new laws. Many of these laws may have an effect on the practice of real estate. Brokers and agents would do well to keep abreast of them.

Continuing Education Requirements for Brokers – Assembly Bill 345
In mid-July, Governor Brown signed Assembly Bill 345 into law, thus enacting a new requirement for real estate brokers’ continuing education. Current law requires a real estate broker to renew his or her license every four years. Pursuant to Business & Professions Code § 10170.5, within that 4-year period, the broker must complete 45 clock hours of education, now including a 3-hour course in the management of offices and supervision of licensed activities.

The California Association of REALTORS® backed this bill, stating, “Since the California Bureau of Real Estate can hold a manager accountable for failure to supervise, C.A.R. believes it important that a real estate broker understand how to properly manage real estate offices, salespersons, and broker associates, in order to minimize risk for all parties involved.” The new requirement went into effect January 1, 2016. For more information on continuing education requirements, please see our September 2015 Courtside Newsletter, which can be found on our website: www.glawgroupapc.com.

Personal Information – Senate Bill 560
Business & Professions Code § 30 has been amended to include the language that no later than January 1, 2016, the Bureau of Real Estate (CalBRE) will require from licensees either an individual tax payer identification number (TIN) or social security number (SSN), if the licensee is an individual. Upon request from the Franchise Tax Board or Employment Development Department, CalBRE will provide the licensee’s information, including the TIN or SSN.

Additional Recording Fees – Assembly Bill 661
Pursuant to current law, a $10 fee is paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded within that county. The fee goes toward the Real Estate Fraud Prosecution Trust Fund, which supports local law enforcement activities to fight real estate fraud crimes. AB 661 was drafted to clarify some ambiguities in the language of exemption from the fee. Codified in Government Code § 27388, the fee does not apply to any real estate instrument, paper, or notice that is:

  1. Accompanied by a declaration stating that the transfer is subject to a documentary transfer tax;
  2. Recorded concurrently with a transfer subject to a documentary transfer tax; or,
  3. Presented for recording within the same business day as, and is related to the recording of, a transfer subject to a documentary transfer tax.

This law is effective as of January 1, 2016.

Fire Prevention Fee –Assembly Bill 301
The State Board of Forestry and Fire Protection has adopted an emergency regulation under Public Resources Code § 4212 to levy an annual fire prevention fee upon each “habitable structure” within a state responsibility area. The owner of the structure as of July 1st of the year the fee is due is responsible for payment of the fee. AB 301 allows the owner of the structure the ability to negotiate payment of the fee as part of the terms of the sale of the structure. However, in addition to this language, Public Resources Code § 4213.1(a)(2) contains the caveat that the liability for payment of the fee still rests upon the owner of the structure as of July 1st. This law went into effect January 1, 2016.

Private Transfer Fees – Assembly Bill 807
Current law defines a “transfer fee” as “any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer or sale of, or any interest in, real property that requires a fee be paid as a result of transfer of the real property.” It is, effectively, a private tax to be paid upon the sale of a property. Assembly Bill 807, sponsored by the California Association of REALTORS®, “expands Private Transfer Fee (PFT) recordation requirements to include PTFs whose payment does not occur upon a change in ownership or that are not based on sales price.” Furthermore, the disclosure of the PFTs must be in a single document and not incorporated by reference to other documents.

Lawn Appearance – Assembly Bill 1
Many issues and concerns have arisen regarding the appearance of lawns and the limitation for watering said lawns during California’s drought crisis. In an effort at clarity, AB 1 was passed and codified into Government Code § 8627.7, stating that during a state of emergency based on drought conditions, “a city, county, or city and county shall not impose a fine under any ordinance for a failure to water a lawn or for having a brown lawn.” This law went into effect January 1, 2016.

Recycled Water – Assembly Bill 786
As a result of the ongoing state of emergency regarding the drought, the legislature has been concerned with preserving potable water and limiting its use to water outdoor landscaping. To that effect, Civil Code § 4735 includes language stating that an association cannot impose a fine or assessment against a homeowner for reducing or eliminating watering his landscaping or lawns. However, AB 786 has amended CC§4735 to allow an assessment or fine to be imposed against “an owner of a separate interest that…receives recycled water…and fails to use that recycled water for landscaping irrigation.” Due to the emergent nature of the drought, this law went into immediate effect upon being passed by the legislature (October 11, 2015).

Water-Efficient Landscaping – Assembly Bill 349
Passed in conjunction with AB 786 in response to the drought crisis, AB 349 further amends Civil Code § 4735. Governing documents or landscaping policies or guidelines are void and unenforceable if they prohibit the use of artificial turf or synthetic grass. Furthermore, owners of a separate interest who implement water-efficient landscaping measures in response to the state of emergency shall not be required to reverse or remove the water-efficient landscaping measure when the state of emergency is declared to be over. This law was also enacted immediately (September 4, 2015.)

Drought-Tolerant Landscaping – Assembly Bill 1164.
On April 1, 2015, Gov. Brown issued Executive order directing the State Water Resources Control Board to implement mandatory water reduction across the state of California. The goal is to reduce water usage by 25%, and with landscape irrigation representing 43% of urban water use, efforts have been made to replace existing landscaping with drought-tolerant landscaping, including artificial turf or synthetic grass. Whilst laws have been implemented stating a city and/or county may not prohibit the installation of drought-tolerant landscaping, synthetic grass, or artificial turf, AB 1164 has added caveats to that prohibition. Government Code § 53087.7(b) states that a city and/or county may impose reasonable restrictions on the type of drought-tolerant landscaping that may be installed on residential property, provided the restrictions do not:

  1. Substantially increase the cost of installation;
  2. Effectively prohibit installation; and/or,
  3. Significantly impede the installation, such as with the requirement that a yard must be covered with living plant material.

As with the other water-use bills discussed herein, this law went into effect immediately (October 9, 2015).

Clotheslines or Drying Racks – Assembly Bill 1448
Codified in Civil Code §§ 1940.20 and 4750.10, landlords may no longer restrict tenants from using a clothesline or drying rack. Furthermore, any governing document, such as those issued by homeowner associations, may not prohibit or unreasonably restrict the use of clotheslines or drying racks. As defined, a “clothesline” is a cord, rope, or wire from which laundered items may be hung to dry or air. A “drying rack” is considered to be an “apparatus” from which laundered items may be hung to dry or air. A balcony, railing, awning or other part of the structure or building is not considered a drying rack or clothesline. This new law became effective January 1, 2016.