Behind the grandeur of estate maintenance and management lies a range of legal and compliance obligations that demand your manager’s attention. From homeowners association (HOA) rules to data privacy concerns, estate managers must abide by these regulations to guarantee compliant oversight of your high-end home.
From your perspective, becoming familiar with these standards will allow you to ensure your home is managed effectively. Furthermore, it’s an opportunity to gain a deeper understanding of your management team’s decision-making processes, promoting transparency in your professional relationship.
While the specific regulations may vary by jurisdiction, there are some common considerations that estate managers must abide by, which we will tackle below.
Zoning and Land Use
Estate managers in South Florida must be familiar with local zoning laws. These govern how land in “zones” designated by the local government can be used, including what types of structures can be built on them. As a homeowner, it is crucial to be aware of these laws, as they directly impact what you can and cannot do with your property. For example, there may be restrictions on building fences above a certain height or parking mobile homes in your backyard.
Estate maintenance companies stay abreast with these laws to ensure that any changes or enhancements made to your high-end home align with the established guidelines.
Building codes are critical considerations for estate managers as they play a crucial role in ensuring the safety and structural integrity of properties under their care. These codes specify requirements for structural stability, fire safety, health, maintenance, and more, to not only protect your physical property but also safeguard you and your family. They apply to both new construction and any modifications made to your current home.
Non-compliance with building codes can lead to legal issues and fines, or even prohibit you from selling your home. To avoid these, it’s essential to hire estate managers who stay informed about the applicable building codes in your locale.
Fair Housing and Anti-Discrimination Policies
The Fair Housing Act (FHA) is meant to promote fair opportunities for housing, forbidding activities that are deemed discriminatory, such as favoring people of a specific race. Although this law is often associated with rental properties, estate managers must still be mindful, as the FHA is also applicable to the sale of private properties.
For example, when listing your estate for sale, your manager must guarantee that marketing materials don’t contain discriminatory language such as “perfect for couples without children”. This implies your preference for child-free homeowners, which could be seen as discriminating against those with children. Non-compliance with anti-discrimination laws can result in costly legal battles, potentially ruining your property management company’s (and your) reputation.
Besides, property managers have the responsibility to maintain ethical standards—by following the FHA and related laws, they can contribute to creating inclusive communities.
Environmental regulations vary by area, so it’s important to partner with an estate manager who’s familiar with the policies that govern your location. You may have to adhere to various rules, including those related to waste management, to protect both the environment and public health. For example, you may be obligated to separate recyclables from general waste, and properly dispose of certain products such as electronics. In addition, some areas have water conservation guidelines, especially during times of drought.
When choosing an estate maintenance team, ensure they have sufficient experience complying with state-specific environmental standards.
Homeowners Association (HOA) Rules and Regulations
If your property is part of a homeowner’s association or HOA, your estate manager must possess a comprehensive understanding of its rules to ensure full compliance. Also known as Covenants, Conditions, & Restrictions or CC&Rs, these regulations govern the use and appearance of homes within the community.
For example, in many communities, homeowners are obligated to maintain manicured grounds to preserve the appeal of the neighborhood. While in others, plans for exterior modifications (e.g., patios) will need to be approved by the HOA board.
Failure to adhere to HOA rules and regulations may not only lead to conflicts with neighbors, but also get you into trouble with your HOA board. Therefore, it’s crucial to work with a team that can put in the effort to familiarize themselves with all the rules.
Estate managers deal with massive amounts of sensitive data, including records for repairs and renovations, insurance information, and copies of HOA correspondence. Estate managers must handle this information properly, ensuring compliance with data privacy laws, specifically the Florida Privacy Protection Act.
This law essentially calls on businesses—including property management companies—to store and process their customers’ information carefully. Some measures may include limiting access to client information to only those who need it, securely storing data, and educating staff about cybersecurity threats.
Additionally, a good estate maintenance and management team should regularly review their data privacy policies, making sure they reflect any changes in the law. By maintaining a robust data protection plan, estate managers can protect their clients’ sensitive information (who are often VIPs seeking confidentiality), while ensuring compliance with the law.
Although this doesn’t directly apply to the maintenance of your estate, it’s still a critical consideration. Under Florida state law, property managers are required to obtain a real estate associate license before they can perform their duties. Naturally, you’d want to work only with those who’ve complied with this requirement, as it ensures that your team is well-equipped to handle various aspects of property management.
Furthermore, estate maintenance teams that have obtained licenses demonstrate their commitment to abiding by the law—a choice that showcases their strong ethics.
Compliant and Professional Estate Maintenance in South Florida
When it comes to estate management, there are certain legal and compliance standards that property managers need to be aware of and adhere to, just as there are for investment properties.
At Luxury Property Care, we’re not only experienced across all facets of estate maintenance and management. We’re also committed to complying with the law and maintaining the standards of our industry. By doing so, we not only reduce the risk of legal complications, but also align with your preference for collaborating with companies with ethical business practices.