R&R Realty - Jupiter Real Estate
Find Jupiter-Palm Beach Gardens-Juno Beach-Singer Island-Jupiter Island property.
by Chris Ryder
How do I tell if a lot of land has city water available to it in Palm Beach County?
I found a great way to do this recently. Look the property up in the Palm Beach County GIS system…
https://maps.co.palm-beach.fl.us/mygeonav/#
Turn on the layer for ‘Fire Hydrants’ under ‘All Other’. If a community has Fire Hydrants then it has city water available.
Also, you can look up at the service maps for folks like Seacoast.
by Chris Ryder
FORT MYERS, Fla. – Oct. 2, 2018 – There are good tax reasons to move to Florida: State residents don’t have to pay state income tax, they enjoy property tax caps through the state’s Save Our Homes Amendment, and Florida also doesn’t have a death tax.
However, it’s essential for new Florida residents to update their Revocable Trust documents because of the state’s descent and devise laws surrounding Florida homesteads.
Under that law, if a homeowner is survived by a spouse, absent any nuptial agreement waiving certain rights, it becomes necessary to devise the home outright in fee simple to the spouse. Otherwise, the will or trust contains what is known as an “invalid devise,” in which event the spouse receives a “life estate” interest in the home, and the children of the deceased receive a present “remainder” interest.
Also, if the homeowner wants to sell the home, the children must agree and sign any listing agreements, contracts to sell or deeds.
Further, the children are entitled to part of the proceeds of the sale of the home.
Source: Fort Myers News-Press (09/28/18) Hersch, Craig R.
© Copyright 2018 INFORMATION INC., Bethesda, MD (301) 215-4688
by Chris Ryder
If a seller holds a mortgage on the sale in Florida how much interest can they charge?
So this comes up every once in a while. The Buyer asks the the Seller to ‘hold paper’ or to hold a mortgage on the sale of the property? The Seller, assuming they have the equity in the property to do this, think: This is great! Sure I’ll hold a mortgage but I charge 25% interest.
When considering a loan such as this in Florida, it is important to consider the statutory rules, called Usury Laws, that govern this type of lending. Even though the Seller never actually hands the Buyer a check or other liquid funds this is none the less a loan. The Buyer will execute a promissory note and an accompanying mortgage. The note is the loan or IOU for the money lent. The mortgage is the pledging of the property as collateral for this loan along with what are called covenants to do things like maintain and insure the property. We will focus on the terms of the note.
The plain language of F.S. §687.03 indicates that it constitutes usury for any person to willfully “reserve, charge, or take” a sum of money equivalent to a rate of interest greater than 18 percent.
In Florida, the law states that the maximum interest rate for a loan with a principal amount of $500,000 or lower is 18%. For a loan with a principal amount of over $500,000, the maximum interest rate is 25%. It is, however, possible for the borrower to waive their protection provided by the usury laws. These maximum interest rates apply to loans between individuals or corporations, and not to banks.
So, let’s say the property is to be sold for 450k and the Buyer has 50k (after closing costs) to use as equity. The Buyer thus needs to borrow 400k which is what is stated on the note. The maximum interest rate on the note is 18%. If the net amount on the note were to be above 500k then the maximum interest rate would be 25%.
PLEASE, PLEASE, PLEASE speak to a lawyer before even laying out the terms to a prospective Buyer as any early termination or up front points charged may come into consideration.
by Chris Ryder
When purchasing an old home that’s in a Special Flood hazard Area (SFHA) one should be mindful of the provisions of the town zoning code which are in in compliance with the requirements if the National Flood Insurance Program (NFIP). Specifically, the definition of substantial improvements. If substantial improvements are made to the property then the property must be be brought up to the current code as it pertains to both the Florida Building Code (FBC) as well and the NFIP.
The NFIP defines “Substantial improvement shall mean any repair from damage or destruction, reconstruction, improvement, or additions of a structure, the cost of which equals or exceeds 50% of the assessed tax value (you can perhaps also get your own appraisal done) of the structure as is listed by the Palm Beach County Tax Assessors Office or by a certified appraisal. The assessed value of the structure shall be determined before the improvement is started, or if the structure has been damaged and is being restored, before the damage or destruction occurred.”
There was question regards this submitted to the FBC Commission for what’s called a declaratory statement that is as follows:
DEC REQUEST DS-2014-035 STAFF ANALYSIS
ISSUE: DS-2014-035. Kathleen Morgan, Managing Member Leah Marie Enterprises, LLC seeks a Declaratory Statement on the Florida Building Code, Building, Section 1612.2 Substantial Damage and Substantial Improvement Florida Building Code, Existing Buildings, Section 202 Definitions Substantial Damage, Substantial Improvement and Substantial Structural Damage, Section 303.2, Section 304.5 and Section 807.4
Petitioner in DS-2014-035 seeks clarification of the following questions:
Question 1: Does a voluntary alteration project to a pre-FIRM single-family residential structure involving removal of more than 30% of the truss system in order to create a tray or vaulted ceiling constitute Substantial Structural Damage pursuant to FBC Existing Building Section 202, or is it reviewed as a structural alteration under FBC Existing Building Section 807.4?
Question 2: If an alteration project is deemed to be Substantial Structural Damage under FBC Existing Building Section 202, is it automatically deemed to also be Substantial Damage for flood design requirements, regardless of whether the project meets the definitions of Substantial Damage and Substantial Improvement in FBC Section1612.2 (ie. The “50% Rule”)?
Situation:
Kathleen Morgan, Managing Member Leah Marie Enterprises, LLC, seeks clarification of code regarding Florida Building Code, Building, Section 1612.2 Substantial Damage and Substantial Improvement Florida Building Code, Existing Buildings, Section 202 Definitions Substantial Damage, Substantial Improvement and Substantial Structural Damage, Section 303.2, Section 304.5 and Section 807.4
Applicable Codes:
Florida Building Code, Building Section 1612.2 Definitions SUBSTANTIAL DAMAGE – Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Florida Building Code, Building Section 1612.2 Definitions, SUBSTANTIAL IMPROVEMENT – Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
Florida Building Code, Existing Buildings Section 202 Definitions SUBSTANTIAL DAMAGE – Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Florida Building Code, Existing Buildings Section 202 Definitions SUBSTANTIAL IMPROVEMENT – Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
Florida Building Code, Existing Buildings Section 202 Definitions SUBSTANTIAL STRUCTURAL DAMAGE – A condition where:
Florida Building Code, Existing Buildings Section 303.2 Flood hazard areas. – For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida Building Code, Building, any alteration that constitutes substantial improvement of the existing structure, as defined in Section 1612.2 of the Florida Building Code, Building, shall comply with the flood design requirements for new construction, and all aspects of the existing structure shall be brought into compliance with the requirements for new construction for flood design. For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida Building Code, Building, any alterations that do not constitute substantial improvement or substantial damage of the existing structure, as defined in Section 1612.2 of the Florida Building Code, Building, are not required to comply with the flood design requirements for new construction.
Florida Building Code, Existing Buildings Section 304.5 Flood hazard areas – For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida Building Code, Building, any repair that constitutes substantial improvement of the existing structure, as defined in Section 1612.2 of the Florida Building Code, Building shall comply with the flood design requirements for new construction, and all aspects of the existing structure shall be brought into compliance with the requirements for new construction for flood design. For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida Building Code, Building, any repairs that do not constitute substantial improvement or substantial damage of the existing structure, as defined in Section 1612.2 of the Florida Building Code, Building, are not required to comply with the flood design requirements for new construction.
Florida Building Code, Existing Buildings Section 807.4 Structural alterations – All structural elements of the lateral-force-resisting system in buildings undergoing Level 3 structural alterations or buildings undergoing Level 2 alterations as triggered by Section 707.5 shall comply with this section.
Exceptions:
807.4.1 Evaluation and analysis.
An engineering evaluation and analysis that establishes the structural adequacy of the altered structure shall be prepared by a registered architect or engineer and submitted to the code official.
807.4.2 Substantial structural alteration.
Where more than 30 percent of the total floor and roof areas of the building or structure have been or are proposed to be involved in structural alteration within a 12-month period, the evaluation and analysis shall demonstrate that the altered building or structure complies with the Florida Building Code, Building for wind loading.
807.4.3 Limited structural alteration.
Where not more than 30 percent of the total floor and roof areas of the building are involved in structural alteration within a 12-month period, the evaluation and analysis shall demonstrate that the altered building or structure complies with the loads applicable at the time of the original construction or of the most recent substantial structural alteration as defined by Section 807.4.2.
Background:
Kathleen Morgan owns a single family home and seeks permits to remove portions of the existing truss system in order to create a tray or vaulted ceiling. More than 30% of the existing truss system would be removed and approximately 60% of the total existing roof area would be altered. The City of Holmes Beach has suggested that because more than 30% of the roof area has been removed during the course of the project, the project would constitute Substantial Structural Damage under the Florida Building Code, Existing Building Section 202. The City also suggest that the project would constitute Substantial Damage for the purpose of flood design requirements even if the project does not meet the “50% Rule” as described in the Florida Building Code, Building Section 1612.2.
Staff analysis: Based on the above facts and circumstances, staff provides the following answers to proponent’s questions:
Question 1: Does a voluntary alteration project to a pre-FIRM single-family residential structure involving removal of more than 30% of the truss system in order to create a tray or vaulted ceiling constitute Substantial Structural Damage pursuant to FBC Existing Building Section 202, or is it reviewed as a structural alteration under FBC Existing Building Section 807.4?”,
Answer/Petitioner: Petitioner asserts that the project would not be classified as “Substantial Structural Damage” and would be reviewed under 807.4.
Question 2: If an alteration project is deemed to be Substantial Structural Damage under FBC Existing Building Section 202, is it automatically deemed to also be Substantial Damage for flood design requirements, regardless of whether the project meets the definitions of Substantial Damage and Substantial Improvement in FBC Section1612.2 (ie. The “50% Rule”)?”
Answer/Petitioner: Petitioner asserts that the answer is no. Regardless of the impact to the roof system, flood design requirements for new construction are only triggered if the project exceeds the “50% Rule”, as described in the definition of Substantial Damage and Substantial Improvement in FBC Section 1612.2.
by Chris Ryder
McLEAN, Va. – Sept. 24, 2018 – If you haven’t done so already, it’s time to replace your incandescent and florescent bulbs with LED lights, as they sip rather than gulp electricity.
They cost more – so perhaps wait for a big sale or seasonal rebates – but you’ll save money in the long run. A 60-watt equivalent, for instance, might only need 7 to 8.5 watts for comparable visibility, or lumens, with an LED light, not to mention they can last considerably longer.
Take an A19 EcoSmart-brand LED bulb as an example. It offers an estimated energy cost of just over a $1 per year (based on a national average), which will save you roughly $84 over its 15,000-hour lifetime. A 4-pack of dimmable EcoSmart LED bulbs costs about $9.
My wife and I bit the bullet last year and replaced every single light in and outside our home with LEDs – from pot lights and regular (A19) bulbs to tiny chandelier lights and large front yard flood lights – and our utility bills dropped significantly.
Wi-Fi-enabled Smart LED bulbs from companies like Philips and TP-Link cost more, as you would expect, but they can save even more, thanks to the ability to set schedules and timers, remotely access your lights (turning them off via an app), or, when coupled with sensors, have the lights go off when you leave the room. Smart LEDs also let you use your voice to control them (via Amazon Alexa or Google) or you can change between millions of colors or preset scenes.
Smart LED bulbs start at about $70 for Philips HUE White A19 LED Starter Kit (60W equivalent), which includes two bulbs and a wireless bridge (hub). A 50-Watt Smart Wi-Fi LED Bulb from TP-Link costs about $20. No hub is required; it works with your Wi-Fi router.
Smart thermostats
Using an app or your voice, programmable thermostats let you conveniently adjust heating and cooling settings – plus some automatically optimize settings based on when you’re home and when you’re not.
By learning your schedule, sensing occupancy (with some models), and detecting the weather outside, it’s estimated smart thermostats could shave off up to a quarter of your annual heating and cooling bills. Depending on where you live, that could be quite significant.
In other words, unless you have relatives or pets at home, there’s no reason why your air conditioning (in the summer) or furnace (in the winter) needs to be cranked when you’re not there.
Even better than Google Nest, in my opinion, is ecobee4 ($249), a smart Wi-Fi thermostat that works with room sensors to help manage hot or cold spots in your home, detecting if someone is there, and delivering the optimal temperature to individual rooms. You get one sensor in the box, along with the thermostat, but it supports up to 32 sensors. A two-pack of sensors costs $79.
There’s also built-in Amazon Alexa support via its internal speaker and microphone, so you can ask it to read you the news, helping plan your commute, set a timer and, of course, adjust the temperature, and much more.
Switches, plugs and strips
Ever hear of “vampire power”? This is when plugged-in products “suck” electricity, even though they’re switched off. This common (but little-known) energy waste is also referred to as “standby” power.
Your smartphone, for example, is probably fully charged after 40-odd minutes, but perhaps you leave it plugged into a wall socket all night? This isn’t good on your wallet or the environment. Some products are worse than others, like large appliances and some home theater gear.
The good news is some switches and power strips can completely cut off electricity, on demand, with a button or app, or through a timer. Belkin, for example, has a line of Conserve-branded switches, sockets and plugs (from $7) that shut off all power to what’s plugged into it – either with the flip of a switch or after a predetermined amount of time. There are also Conserve power strips for multiple items to be plugged into.
Also from Belkin, WeMo-branded switches and plugs (from $29) may not completely cut off power on devices plugged into them, but they let you remotely turn electronics on and off, and manage costs and usage from anywhere, via the WeMo app. In fact, with the Wi-Fi-enabled WeMo Insight Switch ($34), the app will show you real-time reports on how much energy your devices are consuming (in dollars and cents), plus you can get notifications if your kids are watching TV too long or if your laundry is done.
WeMo devices also pair with Amazon Alexa and Google Assistant, so you can use your voice to control it all.
Other tips to reducing power, problems
?Ensure you’re purchasing consumer electronics branded with the Energy Star logo, as they’ve been tested and verified to be more energy efficient. You should see that familiar sticker on the box and often on the back of the product.
?Curb “idle” time on your devices, such as having your desktop computer or game console go into sleep mode after a short period.
?Wi-Fi-enabled water sensors from Honeywell or D-Link (from $59) can alert you if water is detected, say, on a basement floor – even if you’re not at home – thanks to the app.
?Doing the laundry? Wait until “off-peak” hours, as provided by your electric company, to reduce energy costs. And run full loads, which will also help cut down your bills. Wash laundry in cold water to save even more. Hang dry your laundry.
?While dishwashers use electricity, they save more water (and thus, money) than hand-washing, says the California Energy Commission. Run it during off-peak hours, though.
?Unless it’s sweltering outside, consider a ceiling fan instead of air conditioning.
?Having good insulation can reduce heating and cooling costs. Watch out for cracks and holes on or near doors and windows.
?Solar panels can be a great way to augment (rather than fully replace) your electricity consumption. Costs to install them are coming down, too.
Copyright © 2018, USATODAY.com, USA TODAY, Marc Saltzman
by Chris Ryder
Question: I serve on a Board of a condominium. Without getting into too much detail, recently, the Board members were sued by a resident who claims the budget we passed last year was somehow inappropriate. I was under the impression Board members were immune from lawsuits like this. – RK, Fort Pierce
Answer: First, I would not panic about being sued. Unfortunately, it is a fairly common occurrence that Board members are brought into lawsuits as defendants. As a Board member, your association should have insurance to cover such claims. The insurance carrier should step in and provide you with an attorney to represent you in the lawsuit. Second, as a Board member, you do have a fair amount of protection for holding you liable under most circumstances.
Board members of a condominium and homeowner’s associations owe the association a fiduciary duty, just as if you were on a board of a corporation. I do not know the specific issues in the lawsuit you are dealing with, but the resident suing you must prove you breached your fiduciary duty. Under Florida law, breach of fiduciary duty requires the existence of a fiduciary duty, and the breach of that duty such that it is the proximate cause of the plaintiff’s damages. Suing a director for breach of fiduciary duty requires something more than alleging the director had a fiduciary duty that was breached, as the law starts with the presumption that a director is immune from liability. In order to be subject to liability, the director must have not only breached his or her duties as a director, but that breach also must rise to the level of criminal activity, fraud, self-dealing, unjust enrichment or other improper personal benefit. It also is well-settled absent evidence of the foregoing behavior, directors of condominium associations are not personally liable for the decisions they make in their capacity as directors.
Florida law requires directors of a condominium association discharge their duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances and in a manner they reasonably believe to be in the best interests of the corporation (i.e., the Association). This is known as the “business judgment rule,” which is a standard originally created to determine if a director of a corporation breached his or her fiduciary duty to the stockholders. Under this rule, corporate directors and officers generally do not violate their fiduciary duty, absent actual wrongdoing in the form of fraud, self-dealing or unjust enrichment. To determine if a director’s actions fall under the business judgment rule, Florida Courts look at (1) whether the association has the contractual or statutory authority to perform the relevant act and (2) the decision is reasonable.
I hope this helps you, but without knowing more about the particular allegations being made against you, I cannot give you any specific advice. I would speak to your attorney about the details of the lawsuit and what specifically is being alleged against the Board members in your case.
The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
Editor’s note: Attorneys at Goede, Adamczyk, DeBoest & Cross, PLLC., respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
Copyright © 2018 Journal Media Group, Harris B. Katz is managing partner of the law firm Goede, Adamczyk, DeBoest & Cross, PLLC.
There are new FinCEN reporting requirements for certain case sales in Florida and the thus the Far Bar As-Is was just updated with this: “FinCEN REAL ESTATE REPORTING OBLIGATION. Section 1031.320 of Chapter 31 of the Code of Federal Regulations (“CFR”) requires that certain residential real estate transactions without institutional lender financing, where at least […]
When will Turtlefest be held in Juno Beach in 2026? This year Turtlefest in Juno Beach, which is the annual even of Loggerhead Marinelife Center · 14200 US Highway 1 · Juno Beach, FL 33408 · USA will be held on February 21 & 22. Stop by R&R Realty in the Plaza Le Mer next […]
Happy New Year! The Realtors Association of the Palm Beaches just released their December 2025 housing sales numbers and these are also the defacto year end numbers as well. I see the trend as going int he right direction. The key metric looking ahead is the months suuply of inventory which for houses has decreased […]
By Chris Ryder
Click HERE for the MLS data Coming Soon to Sea Colony! Desirable 3-bedroom, 3-bathroom home with a 2-car garage across from Jupiter Dog Beach. This big-dog-friendly residence features a single-family feel, soaring ceilings, and modern updates including a 2026 A/C system, impact windows, new appliances, luxury vinyl plank flooring, and porcelain tile bathrooms. Enjoy 24-hour manned security and resort-style amenities including pool, fitness center, tennis, […]
By Chris Ryder
MLS Details Welcome to this spacious single family home located in Alton Neighborhood 1, Palm Beach Gardens. This lakefront residence offers 5 bedrooms, 4.5 bathrooms, and 4,236 square feet of finished living space across two thoughtfully designed levels. The flexible floor plan provides generous space for entertaining, working from home, hosting guests, or enjoying everyday living. A three-car garage offers ample room for vehicles, storage, […]
By Chris Ryder
6130 SE Georgetown Place, Hobe Sound, FL 33455 […]