The hidden line item on a lot of California property management agreements is the maintenance markup — a surcharge applied to every vendor invoice, often disclosed in vague language or not at all in writing at signing. It's almost never labeled as a markup on your owner statement. It shows up as a vendor cost that's simply higher than what the vendor actually billed. Over a year of maintenance volume, the cumulative spread can match or exceed the headline management percentage, which is the part of the cost structure that gets compared at hiring and ignored thereafter.
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Some California firms structure the maintenance surcharge as a flat dollar amount per work order rather than a percentage of the invoice — typically $25 to $75 per dispatch. The audit method is the same: compare your statement to the vendor's invoice. If your statement shows the vendor invoice plus a separate line item labeled "coordination" or "work order fee" or similar, that's a disclosed flat fee.
Flat coordination fees aren't inherently bad. A clearly-disclosed $40 per work order is more transparent than an undisclosed 15% markup. The risk with flat fees is dispatch frequency — a firm that routinely sends a vendor for items that could be handled by phone is multiplying flat fees you didn't need to incur.
| Structure | Common range | Disclosure typically |
|---|---|---|
| Percentage markup on vendor invoice | 10% to 20% | Disclosed in PMA, sometimes vaguely |
| Flat per-work-order fee | $25 to $75 | Usually disclosed as line item |
| Captive in-house vendor pricing | Varies; often 20-40% above market | Not usually disclosed as markup |
| Pass-through at vendor cost | 0% (no markup) | Sometimes a selling point |
The captive in-house vendor structure is the least transparent. A firm with an owned or affiliated maintenance company can charge "market rate" to the owner while paying the affiliated company much less, capturing the spread internally. The audit catches this because you're comparing your statement line to what the actual on-site vendor was paid — the in-house labor cost typically diverges from the rate billed to the owner.
California real estate brokers acting as property managers owe fiduciary duties to their owner-clients. The duties include loyalty (acting in the owner's interest, not the firm's), full disclosure of all material facts including compensation arrangements, and care in handling owner property and funds. These are statutory and case-law obligations, separate from the PMA itself.
A markup that was clearly disclosed in writing at PMA signing — with specific percentage or dollar amount — is enforceable by contract. The owner consented.
A markup that was not disclosed, or that was disclosed in vague language ("a reasonable administrative fee"), or that was disclosed at a lower rate than what's actually being applied, raises a fiduciary-duty issue. Where the duty was breached, the markup may be recoverable as restitution. This is a fact-and-amount question. For modest overcharges, small claims court (under $12,500 for natural persons in California) is the typical venue and self-representation is practical. For larger amounts, an attorney specializing in California real estate broker liability is the right consultation.
DRE complaints are also an option for systemic markup non-disclosure. The DRE's enforcement focus on fiduciary-duty violations is real, and a documented pattern across multiple owners is the kind of complaint they investigate.
Whether you stay with your current firm or switch, the PMA terms that prevent this problem:
NGC's standard PMA includes all five and is one page on the fee/maintenance section. The structure is: 5.9% on collected rent, vendor invoices passed through at cost, no markup, no coordination fee, owner audit rights explicit.
Send us three vendor invoices from your last year of owner statements. We sit with you on the phone, dial the vendors, and watch the math come out in real time. Whatever the markup spread is on your specific property, you have a real number by the end of the call.
Schedule the call → Or generate the termination letterFree service for owners switching to NGC. We draft, send via certified mail, and handle the entire 30-day transition. You sign one form.
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