Code of Ethics and Standards of Professionalism
Article 1: DUTY TO PROTECT THE PUBLIC
It is the duty of the Property Manager to protect the public
against fraud, misrepresentation, and unethical practices in
property management.
- 1-1 The Property Manager shall endeavor to eliminate in
the community, through the normal course of business, any practices
which could be damaging to the public or bring discredit to
the profession.
- 1-2 The Property Managers shall assist the governmental
agency charged with regulating the practices of property Managers.
- 1-3
The Property Manager shall comply with all local and state
ordinances regarding real estate law, licensing, insurance,
and banking.
- 1-4 The Property Manager shall not knowingly, during
or following the relationship of their professional relationships
with their clients or their tenants, reveal confidential information
of the clients or tenants. The Property Manager must take all
pre-cautions in keeping information in regard to owners and
tenants reasonably secured to prevent identity theft.
- 1-5 The
Property Manger shall use reasonable efforts to be sure that
information on their websites is current. If it becomes apparent
that information on the website is not current, then the Property
Manager shall promptly take corrective action.
- 1-6 The websites
of the Property Manager shall not contain any deceptive metatags
or other devices/methods to direct, drive, or divert Internet
traffic or to otherwise mislead customers. The websites shall
also not manipulate listing content in any way that produces
a deceptive or misleading result.
Article 2: DISCRIMINATION
The Property Manager shall not discriminate in the rental, lease,
or negotiation for real property based on race, color, religion,
sex, national origin, familial status, or handicap and shall
comply with all federal, state, and local laws concerning discrimination.
- 2-1 It is the duty of the Property Manager to educate those
with whom the Property Manager is affiliated with to comply
with all fair housing laws.
Article 3: DUTY TO CLIENT
The Property Manager has a fiduciary responsibility to the Client
and shall at all times act in the best interests of the Client.
- 3-1 The Property Manager shall use a written management
agreement outlining all responsibilities and fees. The Client
will be provided a copy and the Property Manager will maintain
a copy.
- 3-2 The Property Managers shall communicate regularly
with the Client and provide written reports of receipts and
disbursements on a regular and agreed upon basis. In the event
of any dispute, the Property Manager shall provide a written
accounting as soon as practical.
- 3-3 Tenant applications shall
be reviewed and verified in order to determine the Applicant’s
ability to pay and to determine the likelihood that the Applicant
will comply with all provisions of the rental agreement.
- 3-4
The Property Manager shall accept no commissions, rebates,
profits, discounts, or any other benefit which has not been
fully disclosed to and approved by the Client.
- 3-5 The Property
Manager shall not mislead owners with the market value of the
property, in an attempt to secure a listing.
Article 4: DUTY TO TENANTS
The Property Manager shall treat all Tenants professionally
when applying for, living in, and vacating a managed residence.
The Property Manager shall hold a high regard for the safety
and health of those lawfully at a managed property.
- 4-1 The Property Manager shall offer all Applicants a written
application.
- 4-2 The Property Managers shall provide all Tenants
with a copy of the signed rental agreement with all addenda.
- 4-3
The Property Manager shall make all disclosures as required
by state and local laws and provide the Tenant an opportunity
to complete a written condition report at the time of moving
in.
- 4-4 The Property Manager shall respond promptly to requests
for repairs.
- 4-5 Within the time prescribed by law, a written
deposit refund determination shall be provided to the Tenant
after they have vacated the property. No undue delay in refunding
or accounting for the security deposit shall take place.
- 4-6
The Property Manager shall avoid exaggeration, misrepresentation,
misinformation, or concealment of pertinent facts relating
to the advertisement, leasing, and management of the property.
Article 5: PROPERTY CONDITION
The Property Manager shall manage all properties in accordance
with safety and habitability requirements of the local jurisdiction.
- 5-1 The Property Manager shall not manage properties for
Clients who refuse or are unable to maintain their property
in accordance with safety and habitability requirements of
the local jurisdiction.
Article 6: PROTECTION OF FUNDS
The Property Manager shall hold all funds received on behalf
of others in compliance with state law with full disclosure to
the Client and must never commingle the firm’s or personal
funds with those of the Client.
Article 7: DUTY TO DISCLOSE EXPERTISE
The Property Manager must provide accurate information within
his area of expertise, but refrain from the unauthorized practice
of other professions, including but not limited to the law, accounting,
financial planning, construction, and contracting.
Article 8: DUTY TO FIRM
The Property Manager shall act in the best interests of their
Employer/Broker.
- 8-1 The Property Manager shall have no undisclosed conflict
of interest with their Employer/Broker and shall notify their
Employer/Broker immediately if a conflict should arise.
- 8-2
The Property Manager shall receive no kickbacks, rebates, or
any other benefits without full disclosure to Employer/Broker.
- 8-3
The Property Manager may not take or use any proprietary documentation
or client/tenant lists during or after relationship with Employer/Broker
without express written consent from Employer/Broker.
Article 9: RELATIONS WITH COMPETITORS
The Property Manager shall refrain from criticizing competitors
or their business
practices.
- 9-1 the Property Manager shall treat all competitors in
a fair and professional manner and shall not knowingly engage
in any practice or take any action against a competitor in
an unbusiness like manner.
- 9-2 The Property Manager shall not
knowingly solicit competitor’s
clients. This does not preclude the Property Manager from making
general announcements. For purposes of this code, a general
announcement may be defined as a general telephone canvass
or a general mailing or distribution addressed to all prospects
in a given geographical area or in a specific profession, business,
club, organization, or other classification or group.
- 9-3 In
the event of a controversy between Property Managers with different
firms, the Property Managers shall submit the dispute to mediation
rather than litigate the matter.
Article 10: PRICE FIXING
The Property Manager shall not engage in the improper acts of
price fixing, anti-trust, or anti-competition with other Property
Managers.
- 10-1 Unless the Property Manager is purchasing another
property management company, fees, commissions, and compensations,
shall not be discussed with other Property Managers. The Property
Manager shall always seek to avoid the appearance of impropriety
in these matters.
- 10-2 The Property Manager’s fees, commissions,
and compensations shall be determined by the Property Manager
or the Property Manager’s
Broker based upon, but not limited to, expertise, experience,
and the cost of service or expense.