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Sept. 9, 2016

City's mistake costly to home owner.

FORT LAUDERDALE, Fla. – Sept. 8, 2016 – Question: Five years ago, we converted our garage to living space. We pulled the proper permits and had the city's written approval. About a month ago, we received a letter from code enforcement warning us about our "illegal" garage conversion and threatening a fine. When we spoke to the city, we were told that the conversion should never have been approved and that we needed to remove it or face considerable penalties. What are my rights? – Maurice

Answer: Unfortunately, the law is against you. It certainly doesn't seem fair that you did everything that you were supposed to for the renovation and now will have the additional expense of undoing all of that work. The law (referring to a local or specific city issue) is clear that if the city approved the work in violation of its code, it can void the approval to correct its mistake.

There are some things you should try to do before you start the demolition, though. Check to make sure that the conversion is actually against the rules. Carefully check the relevant code section, or hire someone who can. If your renovation is indeed against the rules, try to work with the city to see if modifications can be made to bring it in compliance. Considering the circumstances, maybe you can apply for a variance, which is an exception to the rules.

Finally, keep in mind that every situation is different, and you may have a legal defense or a right to be compensated for the city's error. While this is a long shot, you should speak with a lawyer before grabbing that sledgehammer.

About the writer: Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation.

 

Copyright © 2016 Sun Sentinel (Fort Lauderdale, Fla.), Gary M. Singer. Distributed by Tribune Content Agency, LLC.

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Sept. 8, 2016

Solar Tax Break

TALLAHASSEE, Fla. – Aug. 31, 2016 – The runaway winner in Tuesday's primary election was at the end of the ballot, as voters in Florida overwhelmingly approved a tax break to encourage businesses to go solar.

The amendment, which will become part of the Florida Constitution, exempts solar and other renewable energy devices on business and industrial property from property taxes for 20 years. The same tax break already exists for residential property owners.

The amendment also exempts renewable energy devices from Florida's tangible personal property tax.

Amendment 4, the only ballot question in Tuesday's primary, won more than 70 percent of the vote, according to early returns by the Florida Division of Elections.

Backers of Amendment 4 were all along the political spectrum, including the pro-environment Southern Alliance for Clean Energy, Nature Conservancy and Florida Conservation Voters, and the business-backed Florida Chamber of Commerce, Florida Retail Federation and Florida Restaurant and Lodging Association.

Business groups like tax relief, and environmental groups hope it will now encourage more talk in the conservative state Capitol about climate change and the need to cut dependency on fossil fuels.

"With all of this sunshine, why are we importing so much fossil fuel to power our state?" asked Pete Wilking of A1A Solar in Jacksonville.

"Stop sea levels from rising! Vote Yes on 4!" tweeted an advocacy group, Women4Solar.

The opposition was led by the Rev. Al Sharpton, the TV and radio talk show host and president of the National Action Network (NAN), and Bishop Victor Curry of Miami, NAN's southeast regional director, who said they opposed "unnecessary and unjust tax breaks for corporations."

It was one of the most cost-effective referendum campaigns in Florida history, as supporters raised less than $150,000.

Lacking the money for a TV ad campaign, supporters built support networks on Facebook and Twitter (hashtag #Yeson4) to mobilize voters.

Voters said yes to solar Tuesday, even if they did not always fully understand it.

"I think it's going to be a good thing," said Jean Bonnegue, 68, of North Miami Beach. "Very important."

Tuesday's vote of the people was just one step, however. The Legislature, which put Amendment 4 on the ballot, must pass a bill in the next session in 2017 carrying out the will of the voters.

At the same time, a much more potent political battle over solar will play out on the Nov. 8 general election ballot.

Known as Amendment 1, the ballot question is an effort by utility companies that would prohibit the sale of solar energy to individual customers and, critics say, would add new regulatory barriers to solar expansion in Florida.

Supporters, calling themselves Consumers for Smart Solar, have raised $19.1 million so far.

Florida Power & Light, Gulf Power, TECO Energy and Duke Energy are among Amendment 1's biggest backers and environmental groups are working to defeat it.

Utilities prevailed on state lawmakers to put Amendment 4 on the primary ballot to avoid confusing voters about their higher priority, Amendment 1.

Susan Glickman of Southern Alliance for Clean Energy said moving Amendment 4 to a low-turnout primary was a blessing in disguise, as it turned out.

"It's a little bit easier because it's a more informed electorate," Glickman said.

Copyright © 2016 Miami Herald, Steve Bousquet. Distributed by Tribune Content Agency, LLC. Miami Herald writer Alex Daugherty contributed to this report.

 

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Sept. 8, 2016

To refinance or not to refinance?

FORT LAUDERDALE, Fla. – Sept. 1, 2016 – Question: We bought our home two years ago with a Federal Housing Administration loan and an interest rate of 4.5 percent. As part of our monthly mortgage payment, we are paying mortgage insurance. What is that? And I have been receiving offers in the mail to refinance at a better interest rate to lower our payments. Is this something we should do? – Adoria

Answer: In many cases, homebuyers get FHA mortgages because they're relatively easy to qualify for and require downpayments as low as 3.5 percent of the purchase price. But because this leaves very little equity in the home to protect the lender in case you can't make the payments, you will be required to pay mortgage insurance in addition to your regular payment each month. In a typical mortgage, this costs about $150 a month and gets paid for the entire life of the loan.

If the market value of your home has grown to the point where you can refinance to a new "conventional" loan that is just 80 percent of your home's value – for example, a $160,000 loan on a $200,000 house – you can refinance and not have to pay for mortgage insurance. Being able to refinance at a lower interest rate also would save you money each month. These two savings could result in a lower payment of about $250 a month, based on an average loan amount of $200,000 and the current average refinance interest rate of around 3.5 percent.

However, there are costs associated with refinancing that have to be considered. Taxes, bank fees, title insurance and other expenses would need to be paid at closing. If you plan to stick around for a while, it makes sense to refinance. However, if you intend to sell the home in the next few years, the closing costs likely will eat up any savings you get from the lower monthly payments.

About the writer: Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Fla. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation

Copyright © 2016 Sun Sentinel (Fort Lauderdale, Fla.), Gary M. Singer. Distributed by Tribune Content Agency, LLC.

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