FACTS: A property manager (“PM”) manages three properties in a community for a landlord.  The PM is contacted by a manager of the Homeowner’s Association (the “Manager”).  The Manager states the PM must fill out a 3rd party registration form to act on behalf of the landlord in supplying disclosures as required by law.  The Manager also states the PM must pay $25 for each registration, and for each subsequent tenant.

ISSUE: Does the PM have to pay the Manager $25 for each registration?

ANSWER: Yes.

DISCUSSION:         

According to A.R.S. 33-1806.01(B) and (D), A landlord may designate in writing a third party to act as his/her agent with respect to all association matters relating to the rental property. On request of the Manager, the association may charge a fee of not more than twenty-five dollars, which shall be paid within fifteen days after the postmarked request. The fee may be charged for each new tenancy for that property but may not be charged for a renewal of a lease.