Monday, August 27, 2007
Friday, August 24, 2007
With this week's mailing of tax notices by Property Appraisers in Florida, it becomes more and more evident that the Save-Our-Homes provisions will gradually be phased out and are already under attack.
This regulation protects the homestead-homeowner by preventing an annual increase in the assessed value of his property tax of more than 3 percent. It protected many homeowners from being suddenly hit by the doubling or tripling of home values during the “boom” years.
But, as many taxpayers found out this week, by a rather strange twist, the situation has changed. Even though the market value of your home has gone down, your tax bill could still increase up to a 3 percent every year. In effect the taxable value will be increased by this 3% until it reaches the actual market value. Does it make sense?
It does if you belong to our counties and cities government. Not so if you are trying to keep your home, maintain your life level, and raise a family.
Even though it is evident that real estate values have been sensibly reduced during the last year, assessments have gone up overall, perhaps because they are based on 2006 values.
The tax reduction was aimed at the “Tax Rate”, not at the” Assessment Value”, as property owners are starting to understand.
Basically the “Save-Our-Homes” protected-homeowner will get some relief now, since his assessed value will go up no more than 3%, while the tax rate could been rolled back as much as 9%, as mandated for this year by the legislators.
Any other property-owner will hardly get any break.
No relief for snowbirds vacation-home owners; no relief for investors, no relief for new home buyers.
Empty-nesters thinking of moving to downsize? Anybody remembers that story? It should have been one of the important parts of the “tax-relief” laws, but evidently our legislator forgot.
And, despite the “roll-back” provisions, taxes do not necessarily go down.
Remember the opt-out clauses for the cities? They are part of the legislature provisions. Cities can invoke the “tax-relief” op-out exception and just ignore the rollbacks. And a few cities have already taken advantage of the opt-out to ignore the tax relief laws.
At the same time, property taxes that pay for public schools haven’t been reduced. According to the new law, they can be and have been increased. And they count for almost thirty percent of your tax bill.
All in all, the “tax-break” is much less than most homeowners expected. The tax cuts are insignificant or just non- existent.
This is not what will revive Florida real estate.
You can visit my website:
www.condo-southflorida.com
for more information and news about Florida Real Estate.
Sunday, June 17, 2007
Questioning the new tax property laws.
Letting my thoughts settle down after the initial confusion, I come out with a disturbing conclusion.
1) Isn't this whole thing a first step to killing the "save-our-homes" amendment?
The fact is (if the January 2008 proposals are voted) that a homeowner will be dropping his "save our homes" rights if he takes advantage of the new "super-sized" homestead exemption.
Historically "save our homes" is the only amendment that protected the homeowner against local governments abuses in a consistent way. Are you going to believe that, from now on, cities and counties will start to behave and give you, the citizen, their upmost considerations ahead of their deep rooted bureaucracies, and free wheel spending?
2) In fact, after a few years of savings, the inevitable will occur. The initial savings will be wiped out by inexorable real estate valuation. Had you opted to accept the super-sized homestead exemption, you will pay for it later, take my word for it.
2) Wouldn't it have been fair to allow a homeowner to accept the new homestead super-sized protection and keep his "save our homes" privileges which allows the governments to raise their tax bill only 3% per year? Why eliminate this protection for the beleaguered first-time home-buyer struggling to afford a home?
3) That leads me to believe that the poison pill given to us has a hidden purpose:
slowly kill the "save-our-homes" provisions as present beneficiaries die, sell, or move out of their homes.
4) What about constitutionally prohibiting any property assessment to raise above the national inflation average? Isn't the inflation index a perfect gauge of keeping taxes and spending within a reasonable level?
5) As a matter of fact, I first thought that the new provisions were pathetic. Now I am starting to believe that they are mischievous.
I welcome your thoughts.
The only way to know if I am wrong is hearing it from you.
Henry B. Nathan
is a Florida Realtor
Please visit my website
http://www.condo-southflorida.com
Saturday, June 16, 2007
Property tax relief by Florida Legislature falls short.
What did they vote?
1) Roll back property taxes to their 2006 level, and then cut an additional 0,3,5,7, or 9 % depending on how the specific cities raised their taxes the past 5 years - Local governments can override these rollbacks by two-third votes or a referendum.
2) A constitutional amendment will be submitted to voters on January 29th, 2008 to modify the homestead exemption. If approved, this exemption would be raised to 75% of the first $200,000 of home value and 15% of the next $300,000. It will be a minimum of $ 50,000 or $ 100,000 for low income seniors.
3) Beneficiaries of Save our Homes rule, have a one-time option to accept the new homestead exemption or keep their present benefits and limit their homestead exemption to their $ 25,000 level.
4) In the future, taxes cannot increase more than an indicator of personal income and allowances for new construction. How will that be calculated, is something that we ignore.
The comments:
Legislators are saying that the average homesteaded owner will get a $ 174 drop in his taxes for 2007 and a $ 1,132 in 2008 if the new homestead constitutional amendment passes.
The average non-homesteaded owner, will get an average $ 245 a year drop by 2008.
The average commercial property tax bill will be reduced by $ 1,240 in 2008.
Most Realtors are not impressed at all. This is not going to have any significant effect on the sagging real estate market. The issue will have to be addressed again down the road, said Richard Barkett, chief executive of the Realtor Association of Greater Fort Lauderdale.
What issues were not addressed.
- Snowbirds, investors, commercial property owners, will hardly notice any change in their tax bills. They are an important factor in Florida Real Estate, and they a good part of its downturn.
But they have been mostly ignored.
The owners of vacation homes, who have seen their taxes and insurance bills triple in a short time, are the big losers.
- The rollbacks, even if they reach their maximum of 9% will not solve the problems of property owners who have seen their assessments triple or quadruple during the last few years.
These reductions, compared to the tripling of tax bills during the last 5 years will hardly make a dent in the bills.
- The issue of the "portability" of the save-our-homes tax savings has not been addressed. A big disappointment for thousands who are trapped in their present homes, unable to purchase smaller or larger homes because their taxes would triple or even quadruple. Many potential buyers are very disappointed.
- The so-called relief of insurance premiums was just a hot balloon. They are still a huge factor in maintenance expenses of residences and commercial properties alike.
- If passed, the homestead exemption raise will be the only significant gain for low-income and first-time home buyers. A typical entry-level $200,000 home might pay a yearly average of $900 in property tax instead of the present $ 3,150: a saving of $2,250 or about $190 per month. That's good news for the affordable housing segment.
- A $ 500,000 homesteaded home would be taxed an average of $ 5,490 instead of $8,550 - a saving of $ 3,060 per year or about $ 250 per month. To pay the mortgage, insurance and maintenance of a $500,000 home, a combined household income of more than $ 150,000 per year is necessary, as per FNMA guidelines. That is at least $ 12,500 gross income per month.
A $ 250 break is a welcome relief, but will not be the deal maker.
- In essence, the real issue of local governments skimming their constituents during the real estate boom has largely been ignored. Rolling back a maximum 9% will not recoup the 300% tax increases that have beaten up our home buyers and non-homestead owners.
Real estate is a very large part of Florida's economy. It could not remain ignored. Something has been done, it is true. I would say that it's mostly a kind gesture to voters, not a solution.
- This is not going to be the shot in the arm that our real estate market was expecting. However, it will provide a minimal relief, and,hopefully, just a first step in the good direction.
- The proliferation of cities and municipalities in South Florida is an issue that must be addressed. Hundreds of commissioners, city managers, city compliance officers, city water managements, unnecessary bureaucracies, police departments, fire departments, almost encroaching on each other, are weighing on the taxpayer. This is not the most sensible approach to government economy. It is not bordering the ridiculous: it is laughable.
Trying to control this insanity has caused the panic of these local governments and their heavy lobbying on state legislature to prevent major changes. Will they be held accountable?
Judging by the pitiful low percentage of voters on city elections, it won't happen any time soon.
Henry B. Nathan June 16, 2007
Please visit my website:
http://www.condo-southflorida.com
where you will find valuable information about Florida Real Estate,
Sunday, June 10, 2007
Thursday, May 24, 2007
As Market Cools....
Builders Face Lawsuits, A Rash of Complaints; The $266,000 Refund
By MICHAEL CORKERY and RUTH SIMON
In the latest fallout from the housing market's decline, disputes are breaking out between builders and buyers who signed contracts for new homes and condos when the market was hot -- and now want to get out of them.
Even as many of the new buildings are completed, buyers are filing lawsuits claiming they were duped into purchases they couldn't afford, or victimized through fraudulent investment schemes. Some are scrutinizing their contracts looking for loopholes, or searching out tiny flaws in finished homes that might allow them to back out without losing their deposits.
For some builders, the disputes are contributing to cancellation rates as high as 30% and writedowns in some markets. "People will go to great lengths to get out of a legally binding transaction," said Larry Sorsby, chief financial officer of Hovnanian Enterprises Inc. "They were willing to ride the real-estate boom on the way up, but some are not willing to ride it on the way down."
Newly constructed homes make up only about 15% of total home sales. But a wave of building helped fuel the run-up in housing prices during the real-estate boom, especially in
One lawyer recently took out an ad in a
Typically, buyers of new homes and condos put down a cash deposit when they decide to buy, then pay the balance when the home closes and is ready to occupy. But condo buyers, in particular, have a lot to lose by walking away from their contracts because their deposits can total as high as 20% -- and some buy multiple units.
Consequently, some condo buyers are aggressively seeking ways to back out, said Brad Hunter, director of the
"If they can find some way in which the developer has not delivered according to the contract, they're using that as a way to get out," he said.
Dennis Freeman, an attorney in
Freeman. He is suing to rescind the contract.
Mr. Freeman recently settled another case in which the developer agreed to return a $266,000 deposit to a condo buyer who claimed that the size of the pool deck and gym were smaller than the developer promised. Mr. Freeman said he was surprised by the settlement. "To me, it's a reach," he said.
Other disputes are more heated. Red Bank, N.J.-based Hovnanian, one of the largest builders in the
One of those buyers, Daphne Sewell, received three construction loans, totaling about $750,000, to buy three houses in
An administrative assistant in
houses are vacant, and two of her loans are in foreclosure.
"If I close on them I deplete my savings in two or three months," said Ms. Sewell. "It's worth the fight."
After she was served with foreclosure lawsuits by the lender, she filed a countersuit, which names the builder, First Home Builders of Florida, the lender and a real-estate firm that she alleges promoted the deal, claiming she was defrauded by an investment scheme that promised minimal risk. A lawyer for First Home Builders said his client denies any wrongdoing.
Hovnanian, which bought the assets and contracts to build homes from First Home Builders in August 2005, said it has not been served by Ms. Sewell's
lawsuit and that she took out her construction loans before Hovnanian bought
out the assets of First Home Builders.
Still, complaints like Ms. Sewell's are causing a major headache for the company, which says it is trying to help buyers close on the homes by lowering prices by as much as $100,000 while fending off allegations of fraud. Hovnanian took a charge of $175 million in over the fourth and first quarters related to the
Mr. Sorsby, the chief financial officer, said many of these complaints are from regretful buyers trying to take advantage of a public backlash against the housing industry amid the subprime mortgage meltdown. "They are going to great lengths to paint somebody other than themselves the bad guy," Mr. Sorsby said.
In
Mr. Brincefield said the terms of that settlement are confidential. In general, he said, builders have agreed to lower purchase prices by as much as 35% or refund 25% to 100% of a would-be buyer's deposit. NVR declined to comment.
Mr. Brincefield said that in many of the contracts he's seen, "the remedies are very one-sided." These contracts allow the builder to retain the borrower's deposit or sue for damages if the buyer cancels, he said, but only allow buyers to get their deposits back if the builder doesn't meet its
obligations. In some cases, he said, builders may have violated the Interstate Land Sales Full Disclosure Act, which requires them to make certain disclosures and meet other requirements.
Some developers are not backing down. Ceebraid-Signal, a
"That's called chutzpah," said Marvin Moss, a lawyer in
"This is to frighten people and force them to close," said Mr. Moss. "It costs a lot of money in legal fees to defend these actions." A couple of buyers hit with such lawsuits have backed down and gone through with the sale.
Said Richard Schlesinger, managing director of Ceebraid-Signal: "I don't think there is anything that we are doing that is inappropriate." "These are not situations where a woman bought a unit and she's now a widow and can't pay," he said. "These are people who don't want to close because they can't flip and make $100,000."
Article by Jason Garcia, The Orlando Sentinel May 21, 2007
TALLAHASSEE - Local governments across Florida are spending millions of dollars lobbying the Florida Legislature this year as they battle efforts by lawmakers to slash billions of dollars in property taxes.
An Orlando Sentinel review of recent state records shows that during the first three months of this year,
Nearly three dozen Central Florida governments were among those pouring money into the lawmaking process, from
The money paid for an elite roster of lobbyists that includes former lawmakers, governor's office aides and other insiders, many of whom were intimately involved in the property-tax fight that consumed the Legislature during its 60-day regular session this spring.
Lawmakers were unable to agree on property-tax changes and have been forced to schedule a special session beginning June 12 to tackle the issue again.
Critics call the lobbying efforts a perfect example of overspending by cities and counties that experienced a property-tax windfall during the state's recent real-estate boom.
"The fact is that all of these cities and counties -- for the most part -- have bloated budgets, and they've been spending taxpayer money over the last five years like drunken sailors," said Jose Cancela, co-chairman of the anti-tax group Floridians for Property Tax Reform.
Cities and counties, however, say lobbying is a necessary investment -- and that it isn't just about fighting property-tax cuts.
They say lobbyists help them compete for millions of dollars in state grants handed out for everything from sewer lines to road construction, as well as monitor the thousands of bills legislators debate every year, many of which have significant impacts on local governments.
"It's money well-spent," said Volusia County Chairman Frank Bruno, whose government spent from $50,000 to $70,000 on lobbyists in three months.
"Lobbyists are very important to keep us informed as to what the Legislature is doing. It also enables the Legislature to have our input," Bruno added. "Those folks up there cannot be operating in a vacuum."
Year-old disclosure law
The records released last week were made available under a year-old state law requiring Tallahassee's more than 2,000 lobbyists to disclose details about their fees. The reports must list each client who hires a lobbying firm and how much it paid. But the range is so wide -- from $1.7 million to $4.3 million -- because fees are reported in broad ranges rather than exact figures.
The first wave of reports covers Jan. 1 through March 31, or about halfway through the 60-day legislative session. They cover only contract lobbyists, not in-house lobbyists who are employed directly by a business or a government.
As they were a year ago, utilities such as cable, power and phone companies were among the heaviest spenders in the $20 million to $48 million of legislative lobbying expenses that were reported.
Records show that BellSouth, for instance, spent $800,000 to $1.1 million lobbying the Legislature. It and other telecom giants were battling cable companies for a measure designed to help phone companies break into the cable business. The Legislature approved the bill, and Gov. Charlie Crist signed it last week.
But the amount spent on lobbyists by local government is drawing particular attention in light of the property-tax debate.
The Sentinel's review focused on cities, counties and school boards, as well as related countywide agencies, such as sheriffs' and court clerks' offices. It did not include other local governments, such as hospital districts or airport authorities, or groups such as the Florida Association of Counties and the Florida League of Cities.
But Central Florida communities also paid handsomely for access in
Is 'diet' needed?
For critics of local government spending, the lobbying expenses offer easy fodder.
"I think it's clear that, as tax reform does take place, [is] what they can cut first," said Senate Finance and Tax Chairman Mike Haridopolos, R-Melbourne, who has repeatedly said cities and counties need to be put on a "diet."
Still, local officials say that lobbyist spending, as ripe a target as it might be, is a crucial expense.
It's especially important now as lawmakers weigh property-tax plans that could slash billions of dollars from local government tax rolls, Orange County Mayor Rich Crotty said.
Crotty has warned that
"This session is the greatest example of why" local governments need lobbyists, said Crotty, a former state legislator. "If you're from
Jason Garcia can be reached at jrgarcia@orlandosentinel.com or 850-222-5564.
Henry B. Nathan is a Florida Licensed Realtor. Please visit my website:
http://www.condo-southflorida.com
where you can find the most complete information about Aventura Condos, Florida Condos,
Florida Real Estate, Hollywood Condos, South Beach Condos
Wednesday, May 09, 2007
Do we really care about our money?
where you can use easy and efficient tools to search for Florida Real Estate, especially condos
and Preconstructions
Hundreds of buildings' description, preconstructions projects, or condo conversions.
Or you can conduct your customized search
While Legislature fiddles around...
People are starting to realize that easy promises won't necessarily be as easily fulfilled.
Please visit my website: http://www.condo-southflorida.com/resales_2.php?id=0
where you can use easy and efficient tools to search for Florida Real Estate, especially condos
and Preconstructions
Hundreds of buildings' description, preconstructions projects, or condo conversions.
Or you can conduct your customized search
Saturday, March 31, 2007
Sunday, March 04, 2007
Condo Questions you haven't asked
Are you sure that you want to buy a florida condo rather than a house?
Let’s talk about the advantages.
- You can lock the apartment’s door and travel to Paris or Disney. If you own a house, it becomes a small project. Who’s going to take care of the lawn? And the pool? And what if there is a leak while you am away? Or somebody tries to break in?
-You just pay the condo fees and that takes care of the insurance, the landscape, the pool, and the repairs. No more of these pesky bills.
-You will possibly meet more people in the elevator or just sitting at the pool. You can make more acquaintances and social life can be better in a condo building.
-There might be a nice gym and it’s so convenient to just go downstairs instead of taking the car!
-A problem? Just call the condo management or the maintenance man.
-They have this nice clubhouse, where you can just relax or watch TV while you talk to one of your neighbors.
-Security is not a big concern if your condominium has implemented some kind of 24-hour surveillance.
On the other hand…
-These condominium fees are really high! The pool service at your old house cost about seventy dollars, and if you didn’t want to do your own lawn work, the landscape wouldn’t be more than a hundred dollars a month. Repairs? You mean fixing the fence every ten years? Or the pool pump? That doesn’t even come close to all these payments the condo association is bleeding you every month.
- Parking is a hassle. Going through the entrance gate, park the car, take the elevator! If it was a house, you just park anywhere and you’re home.
- You have 2 grown-up kids and 3 cars. There is only one parking place per apartment. Guess who has a big problem?
- You would like to make some minor changes in your condo and the homeowners’ association doesn’t want to hear about it. There might be an old lady who is so intrusive and mean in the board of directors…
- When you moved in, you didn’t know that this building was falling apart. You just got an “assessment” for “elevator repairs” which will increase your monthly payment by more than 50% the next 18 months!
Evidently, you forgot to ask some questions. Let’s see:
- You had the right to go through the condo association documents. But you didn’t do your homework. You could read some of the board’s meetings minutes. You would have found out that some major repairs had been postponed for a few years.
-You would have found out that the Association’s reserves hadn’t been kept at a reasonable level. Remember that, the older the building, the larger the reserve. You were so happy that the monthly maintenance fee was low. Did you suspect that they weren’t putting aside enough funds to cover the unavoidable roof repair, or the air conditioning’s old age?
Or perhaps they were not maintaining the elevators adequately? Condo owners hate to see an increase in their monthly fee. A good measure of a well managed building is that a reserve fund is maintained for every item, taking into account its remaining life expectancy. And there are well established rules about how a reserve fund must be managed. So, if you had asked to see their budget, it would have made sense.
- Maybe you should have talked to some of your future neighbors and heard about their complaints. For example, you might have found out that a few owners haven’t paid their dues for a long time. And guess from which pockets the deficit is going to be covered. You would be surprised how often it happens. Any lack in the condo association funds will be covered by the rest of the homeowners.
- It wouldn’t hurt to have your lawyer examine the condominium papers and bylaws, to check about any inconsistency. At the same time let him check if there is or have been a lawsuit against the association; maybe by the condo owners themselves.
- Did you check if they allow pets? How many? What size?
-What about their policy about renting your apartment? Many communities restrict the rental of their units. They could have screening policies for prospective tenants. They could altogether limit or prohibit renting. If renting is allowed now, things could change next year. A condo association can change its rules at any time.
- In general, does this owners’ association behave in a rational and organized way? Ask around and make sure that they have usually been sound and balanced in their decisions, taken well care of the premises, and not tried to make life more difficult than it already is. There are more than a few cases when dictatorial boards became the condo owners' nightmare.
- Don’t forget to check the building insurance. See if it covers adequately whatever your own homeowner’s insurance doesn’t. Usually it should include coverage of what is outside your apartment’s walls. Check their hurricane coverage if it’s the case. Check their coverage for unexpected code non-compliances that force the building into costly expenses.
I don't mean to scare you. I have only mentioned the worse-case scenarios. Condo living is usually very pleasant and there are lots of advantages in making this choice.
You just have to choose the right place.
My name is Henry B. Nathan and I am a Realtor specialized in Florida Condo I am multilingual and part of my cliente is composed by foreign nationals. Immobilier Floride is how Florida Real Estate is called in France.
Please visit my website: http://www.condo-southflorida.com
Sunday, January 28, 2007
Property Taxes and Home Affordability in Florida
http://www.condo-southflorida.com where you will find the most advanced tools to search for a home, or a condo, as well as review hundreds of preconstruction projects.
Our condo search tool will allow you to browse through many buildings in South Florida, and find all MLS listings for these specific locations.
Monday, January 15, 2007
What is mold? An introduction.
Renting vs. Ownership. A changing Reality
One concern, however, is the growing gap between rental and ownership possibilities.
The real estate boom that has substantially increased house values, plus the inevitable rise of interest rates is affecting home-buying affordability.
There is a disturbing new sign: Rental looks suddenly like a bargain. There is a disturbing change in the usual pattern of rentals and real estate values moving in tandem. A few years ago, the monthly cost of renting a
Two things could happen to restore this ratio: Reduced home values or higher rents, or a combination of both. We are already seeing rents going up after years of stability. In many markets, the demand of condos is still strong and despite the large inventory of new construction, we have not seen rents dropping.
The cost of owning, however, is still going up, due to higher interests.
An alarming sign, though, could be the unusual amount of
Salaries, on the other hand, have not kept pace with real estate values. And that could also mean pressure on expected increases in rents. However, except in a few metropolitan areas, and when we compare it to other countries, home affordability as a ratio between salaries and either rents or cost of ownership, is still favorable, although rapidly eroding.
What we have noticed is that the large amount of Florida Condo Conversions will certainly reduce the amount of rental units offered in this and that could be a factor in the near future.
Of course low mortgage rates have been a huge factor in the red-hot real estate market.
What will exactly happen to long-term interests cannot be predicted by most economists and will be an important part of the equation. But real estate has always been cyclical and this should be taken into account by all investors.
I specialize in Condominiums in
Friday, June 09, 2006
Condo Conversions
Are they really affordable?
Do they represent a viable alternative for a primary home buyer?
The concept of converting a rental property into condominiums is not new. It could make sense for all parties, the financing bank, the rental properties owner, the new homeowner.
There was a period in the 80's (remember the Resolution Trust?)
when it was a great affordable housing alternative. And it was a product of the Real Estate crisis.
Today, condo conversions are have become again a very popular alternative.
The effects? From the tenants point of view?
Read what the Orlando Business Journal says about what's going on in that area.
"The shortage, the research firm says, has allowed the vacancy rate to fall to 4.2 percent and pushed the average rent in Central Florida up to $828 per month.
"The apartment supply will continue to diminish in 2006 as the conversion trend persists," says Kelly Reddecliff, apartment analyst for Real Data. "This will allow the occupancy rate to remain above 95 percent, and it could even reach 97 percent in the coming year."
Natalie Green, assistant manager at Silver Oaks Apartments on North Powers Drive in Orlando, says her one- and two-bedroom apartment community has held steady at 95 percent or higher occupancy for months.
With one-bedroom rentals ranging from $651 to $701 per month and two-bedroom rentals from $765 to $830 per month, the apartment complex never has a tough time filling vacancies.
"It's tougher and tougher for people to find an apartment for rent," Green says. "A lot of apartment communities are converting to condos all around us, and we are feeling the effects here at Silver Oaks."
Please visit my website:
http://www.condo-southflorida.com
