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Can homeowners associations fine me for violations?

May 8, 2016 By Tayson Rockefeller Leave a Comment

No FeesHomeowners association (HOA) violations have been a Hot Topic lately. Whether it’s the HOA acting outside of their authority based on interpretation of the development bylaws or restrictions, or imposing unreasonable fines for violations.

In 2014, Idaho legislators reported numerous complaints of homeowners associations providing unreasonable notice or demands or even fines for non-compliance of the HOA guidelines. There were circumstances in which subcontractors were hired to remedy issues or violations, and even though the HOA contracted with the subcontractor, bills were sent directly to the property owners.

To combat these scenarios and to protect homeowners, the legislatures set requirements in place to require procedures for homeowners associations to follow when working with violations.

During my continuing education course on the topic I was able to obtain information from the Senate Bill, provided by the course instructor at the Idaho real estate school.

That bill number 1310 from the Senate states:

(2) No fine may be imposed for a violation of the covenants and restrictions pursuant to the rules or regulations of the homeowner’s association unless the authority to impose a fine is clearly set forth in the covenants and restrictions and:

(a) A majority vote by the board shall be required prior to imposing any fine on a member for a violation of any covenants and restrictions pursuant to the rules and regulations of the homeowner’s association.

(b) Written notice by personal service or certified mail of the meeting during which such vote is to be taken shall be made to the member at least thirty (30) days prior to the meeting.

(c) In the event the member begins resolving the violation prior to the meeting, no fine shall be imposed so long as the member continues to address the violation in good faith until fully resolved.

(d) No portion of any fine may be used to increase the remuneration of any board member or agent of the board.

This bill is relatively straightforward, my interpretation is simple. You cannot impose a fine as an HOA unless authority to do so is set forth in the Covenants. Then, a majority vote by the HOA board is required prior to imposing any fine. A written notice of the above vote must be delivered with 30 days notice to the homeowner. In the event that homeowner even begin resolving the violation, notifying can be imposed as long as the homeowner continues to address the problem until it is resolved.

How long will it take to sell my property?

May 4, 2016 By Tayson Rockefeller Leave a Comment

Teton Home AbsorptionUsing absorption rate and market value to provide an estimate:

I don’t think you will find an agent willing to make a statement or promise, but there are some basic tools we can use to help our buyers get an idea here. These tools are two-fold. Meaning the information heavily relies on pricing your home at market value.

For example, if I use a formula 100% more than my suggested value… you get the idea. Other issues can play a role such as area, layout, home age, and in our area in particular, view.

So, assuming you list the home or property at market value, the below formula can help. However, it’s just a formula. Keep in mind that rural areas are far more difficult to value and understand. When valuing homes in areas with high population, track housing, high number of sales, etc. appraisals, CMA’s, and absorption rates are more accurate, or at least can be more valuable in these situations.

OK – let’s say the analysis is for a home as opposed to a lot. We need to take the total homes sold in the past 12 months, and divide by 12 to get the monthly absorption rate.

Then, we take the number of homes currently on the market, and divide by the monthly absorption.

The number we end up with is the Number of Month’s Worth of Supply on Market!

Contact me if you would like an analysis & absorption estimate.

Teton County, Wyoming Property Tax

April 29, 2016 By Tayson Rockefeller Leave a Comment

Wyoming has a 3 step process, starting at the State level.Wyoming Property Tax

The state sets the percentage to determine assessed value. For residential and commercial, that rate is somewhere around 9.5%. Industrial is a bit higher, around 11.5%. Agriculture is a bit different, it’s based on production.

OK – so let’s start a scenario. A home in Jackson Hole. In order to determine assessed value, we need to know Market Value, provided by local government. Let’s say Teton County sets the Market Value of this home at 900k. Now we can take the state percentage to determine assessed value. In this case, 900k X 9.5% is $85,500, assessed value.

Now let’s move to the tax rate set by the county. In Teton County it’s set in mills, (the mill levy). If that levy is around 86.5 mills (a mill is 1/1000, or 1/1000 of $1) we can take our assessed value, and multiply it by the mill levy. Again, the mill levy is just the “tax rate”. So, 85,500 x .0865 = 7395.75 in ANNUAL property taxes.

Your tax bills in Teton County, WY for the year are paid in 2 installments. The 1st installment is due November 10th, and the 2nd is due no later than May 10th of the following year. Wyoming does offer tax exemptions for Veterans, deferral relief (you must apply by June 10th of the current tax year) and refund programs for those over the age of 65 or with a disability. Information for the refund programs can be obtained from the Wyoming Department of Health or the Senior Center of Jackson Hole, and the application deadline is August 31st of the current tax year.

For Sale by Owner

April 14, 2016 By Tayson Rockefeller Leave a Comment

for sale by ownerI’m starting to see more and more articles, both locally and nationally regarding FSBO. Usually these articles are realtors that are frustrated with property owners working without an agent. You probably read them, “Realtors can obtain a higher purchase and list your home on realtor.com etc. etc.”
Yes, yes, all of these things are true, but an argument can be made when market conditions are just right for owners to do these things on their own. With the amount of buzz around the subject lately, I thought I would bring up a few points you don’t normally read about.
Cash – a good analogy is selling a vehicle. I was once in a situation with a cashier’s check from a reputable bank and a large sum of money. Long story short to fit this article in the newspaper. I cashed it, but the funds were only good for about 2 weeks. Never did I see that money or the person who gave me the check again. This is exactly why I won’t sell a vehicle without a dealer. These things happen, and usually that liability is passed on to the service provider. Because that service provider takes on that extra liability, they know exactly what to watch for with regards to these situations.
Buyers – A successful FSBO transaction requires two parts. A seller comfortable working through the process without an agent, and a buyer. The real challenge is that buyer. In most circumstances, FSBO properties are targeted at first time home buyers. First time home buyers rely on professionals both on the lending side and the real estate transaction side to help them through the process. Without that helping hand, many just aren’t comfortable. Yes, agents do contact FSBO property owners with a buyer in hand, but we really don’t like to do it. We don’t have an agreement for compensation, and nobody likes to work for free (although I’ve been accused of that).
Forms – Back to the used car analogy. A friend of a friend once stuck a car on the street and offered a test drive to a potential buyer. It turned out there was a misunderstanding, because the potential buyer thought he was keeping the car overnight. He also didn’t have insurance. You see where I’m going with this – the Idaho Real Estate Commission prepares forms for professionals to protect buyers and sellers from liability.
Liability – speaking of liability, if you have ever taken courses for a profession that requires licensure, there’s usually a major focal point. You are not an attorney. You are not an attorney. For instance, “thank you for handwriting this bill of sale, but you did not state that the vehicle was an as-is condition. The brakes failed on the way home…” as agents, we (at a minimum) carry errors and omissions insurance, and many of us carry additional forms of insurance.
Let’s ignore every other agent’s plea, and assume that the professional was not able to get you a dime over what you can do yourself. You save 5 or 6%. Is it worth it? Liability, a dramatically reduced buyer base returned by longer days on market (It doesn’t cost anything to hold onto real estate… Right?) The lack of proper forms and agreements, the risk for viability of good funds, AND nobody to point the finger at when all of these things come together in the worst case scenario…

We don’t dislike those who sell things on their own. We’ve all been there, sometimes it makes sense. Your neighbor has been telling you for years he wants to buy your property before you put it on the market. Ah, but wait, it’s still not too late. Call a brokerage, get a free property valuation. Maybe your neighbor might be offering you much less than the actual value. Maybe more. Another tip, have a real estate transaction you need to put together? Give an agent to call. You might be surprised with the willingness to help bring a transaction through a closing for a discounted rate. After all, the agent didn’t need to go through the efforts of marketing and showing the property, and all of the things above are relieved in many ways.

With the above, I have to take the opportunity to make the same argument all of my colleagues seem to make. I will not do this with national statistics from reputable sources online, but a personal story from a good friend. There was a time not long ago when we were selling property (and still are) for far less than actual rebuild costs. Overtime, many of these sales saw equity gain over a short period of time. My friend is a good example of this good fortune. In fact, his property was so desirable, he was contacted directly by a very nice retired couple who made him an offer he could not refuse. Because we were friends, he didn’t have a hard time telling me this, and I didn’t have a hard time receiving the information. I did have a hard time telling him that he vastly underestimated the actual value and equity gain he had seen over the past 3 years… to the tune of $70,000 or so. It was too late in this situation unfortunately, and I suppose he can sleep at night because he still made a healthy profit. I can sleep at night too.

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