Jupiter Florida Real Estate Broker

One of Florida Realtors’ key legislative priorities, legislation that would cap estoppel certificate fees, had passed the Senate and was minutes away from being voted on in the House. It’s possible, but not guaranteed, that the estoppel certificate bills could be part of the Special Session. The stalled budget talks also sidelined three of Florida Realtors’ other top initiatives this session because they are revenue-dependent: reducing the sales tax on commercial leases; funding of the Sadowski Affordable Housing Trust Funds; and work on a statewide water policy. Some budget items that don’t make news headlines but are important to our industry are also on hold, such as allocating funds to combat unlicensed real estate activity.

The following real estate-related bills passed and are on their way to the governor.

Flood Insurance. SB 1094 expands an effort that began last year to establish a private, primary flood insurance market so property owners have an alternative to the National Flood Insurance Program. It allows insurers to offer “flexible” flood insurance coverage that, among other things, may be for an agreed upon amount or cover only the building, and not personal property or additional living expenses.

Condominium Terminations. HB 643 ensures that bulk buyers cannot force condo owners out of their homes without providing adequate compensation.

Foreclosures & Tenant Protection. HB 779 allows buyers of foreclosed properties to provide a notice to the tenant that has the effect of a lease termination. The bill allows the tenant to remain in possession of the property for 30 days following receipt of the notice.

Drones. The commercial operation of a drone is still prohibited, but SB 766 will exempt a “person or entity engaged in a business or profession licensed by the state.” This exemption will prove valuable to Realtors when such activities are permitted.

Citizens Property Insurance Corporation. HB 715 allows some coastal properties that would have lost Citizens coverage due to reconstruction or renovation to maintain their coverage as long as the building does not exceed 125 percent of its original size.

Flood Insurance Guarantee Fund (FIGA). SB 836 lengthens the amount of time insurance companies have to pay assessments to FIGA, the fund that pays the claims of insurers who go bust. This change is designed to attract private market capital to the state.

Real Estate Brokers & Appraisers. SB 608 provides the Florida Real Estate Commission the ability to reinstate null & void licenses when a hardship occurs; allows a brokerage to temporarily appoint a broker of record in the event of a death or other unexpected situation; and clarifies certain appraiser and appraisal management company recordkeeping requirements.

Depopulating Citizens Property Insurance Corporation. HB 1087 enables policyholders to return to Citizens if the premium charged by a private insurer is 10 percent higher than the insurer’s estimated cost. Policyholders may also return to Citizens during a renewal period if the new policy’s rate increases more than 10 percent per year during the next 36 months.

Recovery Residences. HB 21 establishes a voluntary process for recovery residences — also known as “sober homes” and often located in residential areas — to become state certified. Federal regulations greatly restrict the state’s ability to govern sober homes.

Private Property Rights. HB 383 codifies into law the provisions of a U.S. Supreme Court decision, Koontz vs. St. Johns River Management District. The court ruled that a government agency may not require a property owner to, among other things, perform off-site improvements or repairs to other properties he or she does not own and which are located miles away.

I’ve run across this before in Juno Beach as well as Singer Island and Jupiter Island.  Palm Beach County has an oridinance on the books which has been endorsed by the municipalities which states among many other items:

E. Use of Window Treatments
To prevent interior lights from illuminating the beach, window treatment shall be required on all windows visible from the beach within jurisdictional boundaries. Blackout draperies or shadescreens are preferred. Alternatively or additionally, window tint may be applied to beachfront windows. The turning out of all unnecessary interior lights during the nesting season is strongly encouraged.

Thus, if you can see the beach, then the sea turtles can see your lights on and the county requires you to have window tinting, drapes or blinds and to use them.

New construction within 300′ of the shoreline is required to have tinting on the windows.

Question: We own a property near the beach and love our view. Our neighbor does not trim his trees and is now building a shed, and part of our amazing view is being ruined. Is there anything we can do? – Anna

Answer: Your issue is a very controversial area of the law and depends on the specific facts of the situation. But there are some basic rules that will help you understand your rights.

If your property extends to the high-water mark, no one is allowed to block your direct view. But you do not have any special right to a view through your neighbor’s property.

While your neighbor can build something useful, such as a shed or a fence, if he or she built it with no other useful purpose than to block your view, you might be able to have it removed. You still may have other options to get your partial view back.

If you live in a homeowner’s association, your neighbor’s trees will need to be trimmed and the shed built to conform to community rules after proper board approval. Similar restrictions may also be in your city’s or county’s ordinances, so a trip to your local government office, either in person or by computer, may also give you some relief.

More upbeat numbers posted for residential home sales in Palm Beach Gardens Florida where, when compared with Feb 2014, the median sales price is up by 14.7% (272,350 to 312,500) and with just 848 (down by 15%) homes for sale in all of Palm Beach Gardens there is just 5.2 months of supply at the current absorption rate.

Sales in Jupiter tell a similar story where the inventory is down from 1,077 to 792 homes for sale since last February.  This is just 4.2 months of inventory and Sellers, on average, are getting 95% of their asking price in an average of just 80 days on the market.

Sales in the Jupiter and Palm Beach Gardens area are very strong.

I recently saw an article on this in Florida Trends magazine of the Florida Association of Realtors and it is something I came across just a few months back.  I was working with a foreign buyer and I asked them how they would be taking title.  They own a property her in Florida but it was evident that they were not familiar with Florida and US Law.  In there country NO ONE has a will.  This sounds crazy to us in the US but in their country the law dictates who gets what and thus no has a will because the government has already decided the issue.  I told them that sure they can buy a property here as no one will turn down their money but the issue will come up when the heirs try to sell the property and at that time they will have to probate the US assets and since there’s no will it would be a real pain in the #$@.  Anyway, I advised them to seek the counsel of a local real estate attorney to both determine

A foreign national take title as ‘John Doe and Jane Doe’ and if they are married at the time of taking title then they are ASSUMED to be taking title as Husband and Wife where the surviving spouse would have right of survivorship in the property without going through probate.  So if the husband dies it’s will not be easy but in the end I think the wife would be able to sell the property.  She would have to prove that the two parties were married at the time of the purchase and that the spouse has passed. If they both die or the surviving spouse dies still owning the property then this is a problem for the heirs as it must be probated.

A foreign national take title as ‘John Doe and Jane Doe’ and if they are NOT married at the time of taking title then they are ASSUMED to be taking title as Tenants in Common where the surviving person named on the deed noes NOT have right of survivorship in the property without going through probate.  Each party owns a 1/2 non-divisible interest in the property which may be sold sold, encumbered, devised etc.

A foreign national take title as ‘John Doe and Jane Doe as Joint Tenants with Rights of Survivorship’ and now the surviving party does not need to prove that they are married at the time of taking title only that the other party named on the deed has passed.  So if the co-owner dies the other party may sell the property.  Again, the Title Agent will have a few hoops to jump through but it should be achievable.

In any circumstance the party will need to comply with the Foreign Investors in Real Property Tax Act or FIRPTA.

These are some broad strokes on this subject so MY BEST ADVICE IS TO ASSUME NOTHING AND CONSULT AN ATTORNEY.