Chance Gates' Blog

Published: September 21, 2010

http://members.houselogic.com/landing/hoa-fees-122011/?nicmp=rcrim&nichn=editorial&niseg=narwr&cid=WR12212011:37679&ed_rid=1698691

Get up to speed with the most outrageous laws and homeowners association rules.

Even celebrities such as Earvin “Magic” Johnson and Samuel L. Jackson can be at odds with an HOA. Here are seven crazy examples of laws and HOA rules:

1. Can’t park your car in your own driveway.

In Odessa, Fla., a resident was fined by his board for parking his pickup truck in his own driveway because it wouldn’t fit in his garage. Not our problem, the HOA basically told him before slapping him with a lawsuit. After a protracted legal battle, he has since won the right to park his car, but only after two years and $200,000 in legal fees.

2. Don’t plant too many roses.

While foreclosure is an increasingly real threat to homeowners, few expect to lose their house based on gardening infractions. But that’s exactly what happened to a Rancho Santa Fe, Calif., resident who planted too many roses on his property. After $70,000 in fees, he lost his legal battle against the HOA and ultimately lost his home to the flower debacle.

3. Indoor drying only.

As seen in a Colbert Report expose, a Bend, Oregon, resident was shocked by her HOA’s rejection of her outdoor clothesline. Her natural drying method was dubbed a hazard, and they began levying fines that totaled nearly $1,000. She eventually took down the offending line, even after the Right 2 Dry movement got behind her.

4. No mothers-in-laws allowed.

If you’re a married man in Iowa, the government grants you a special privilege: you’re allowed to bar your mother-in-law from your home. While certainly useful to men trying to ditch their spouse’s mom, this law does not extend to women.

5. Only use sanctioned paint.

What appears to be an inoffensive pale blue house has caused a stir recently in one Georgia neighborhood. Unaware of his HOA’s rules, a homeowner painted his house before having the color officially approved by his board. And with a $25 per day fee levied every day his house bares the offending hue, he’s already racked up $6,800 in fines on top of legal fees.

6. No service dog for the hearing impaired.

A Fort Collins, Colo., HOA fined a hearing-impaired resident for keeping Pookee, her Pomeranian service dog. The HOA even threatened to put a lien on the property. All this despite the fact that Fair Housing Act requires condo and home owner associations to make reasonable accommodations in their procedures and rules to allow a person with disability to reside in a unit. This includes allowing service animals.

Have an issue related to service animal? Contact your local HUD office or local or state human rights agency.

7. Don’t use ‘inconsistent’ shingles.

As if it wasn’t tragedy enough when a plane fell out of the sky destroying a Sanford, Fla., man’s home, his HOA then challenged his rebuilding efforts. It threatened litigation because the shingles and elevation in his new house’s plans didn’t match his neighbors’.

Bending the rules

If you fight the law, you may lose. But there are ways to work with the restrictions of a HOA and still get your way. The first line of defense is to make sure you understand the HOA or condo association rules before you purchase the property.

If, after you move in, you’d like your home’s appearance to differ from that of your neighbors, you’ll need to submit a “variance” form of request. This request can be accepted or rejected at the board’s will, so it’s good to alert them early in your planning process. One tip to gain HOA support? Understand the challenges and perspective of HOAs, follow the rules to a tee, and offer to help them gain community support for their initiatives. Maybe even run for office. If you can’t beat ‘em, you might as well join ‘em.

What’s the strangest local government or HOA rule you’ve ever heard of?

Mark your favorite properties and get instant updates price changes,  new pictures and status changes.

As a Reno/Sparks Nevada real estate professional and property manager, I encourage all questions and comments on the Reno/Sparks real estate market or any of the articles posted in this blog. Please feel free to use my back door to the MLS and search the houses available in the Reno/Sparks and most Northwest Nevada neighborhoods. I can be reached by email @ chance@ballard-company.com http://www.myspace.com/chancegates .  You can also follow me at http://www.twitter.com/chancegates .  To checkout some of  my property manager services goto http://chancegates.com/property-management-services/

If you are behind on your house payment and looking for a loan modification, go to making homes affordable

If the modification fails, contact your local real estate professional to help short sale your home.  To make sure there is no deficiency judgment a homeowner might find it necessary to hire an attorney.

www.homepath.com

Fannie Mae is currently offering buyers up to 3.5% in closing cost assistance through June 30, 2011.

The HomePath property buyer must meet the following qualifications to be eligible:

• Buyers and/or selling agents (the agent representing the buyer) must request the incentive upon submission of initial offer in order to be eligible.
• The initial offer must be submitted on or after April 11, 2011 and close by June 30, 2011. If an initial offer was made prior to the effective date, the offer is not eligible for the incentive.
• The sale must close on or before June 30, 2011. No exceptions will be made to this deadline.
• Only buyers purchasing a HomePath property as their primary residence may receive up to 3.5% in closing cost assistance. Second homes and investment properties are excluded from the incentive.
• Buyer must sign the Owner Occupant Certification Rider to the Real Estate Purchase Addendum.
• If a buyer’s total closing costs are under 3.5%, the difference will not be available as a credit to the buyer.

In a few states, a bonus promotion may be available to selling agents who close on an owner occupant property meeting the above terms & conditions.

Retail and public entities are eligible for the incentive; however pool and auction sales are not eligible.

The incentive may not be available for a property where Fannie Mae acquired the property in connection with financing under a reverse mortgage. Ask the listing agent for details

Fannie Mae reserves the right to remove any property from promotion or end the promotion at any time. Any dispute over the payment of the incentive shall be resolved by Fannie Mae in its sole discretion.

Buyers should consult their lenders for guidance on financing. Lenders and mortgage products may impose their own limitations on the use of the 3.5% incentive. For example, the lender may consider the incentive

Logging in allows you to save your favorite properties and get instant updates price changes,  new pictures and open houses on the property.

Three out of four home owners — or 78 percent — say their homes are the best investment they ever made, according to Trulia.com’s biannual American Dream survey, which has tracked attitudes toward home ownership since 2009.

Despite foreclosures and underwater homes continuing to batter the real estate market, about 70 percent of Americans say they still view home ownership as being part of their American Dream, according to the survey.

“Contrary to popular belief, the American Dream of homeownership has not turned into an American nightmare,” says Pete Flint, CEO of Trulia.

The millennial generation is expected to drive the housing recovery. Eighty-eight percent of 18-34 year old renters say they want to be home owners one day, according to the survey.

“Millennials are now today’s most serious home buyers,” says Tara-Nicholle Nelson, consumer educator for Trulia. “Unjaded and largely untouched by the effects of the housing crash, this new generation of buyers will no doubt lead America from its current housing slump towards true recovery.”

The survey also showed that in some of the country’s hardest-hit regions of foreclosures and underwater homes, buyers are not being deterred by the sour market. In particular, in Southern and Western regions of the United States, 79 percent and 70 percent of renters say they plan to purchase a home.

Source: “Trulia Survey: 70 Percent of Americans View Homeownership as Part of Personal American Dream,” Trulia.com (Feb. 9, 2011)

As a Reno/Sparks real estate professional, I encourage all questions and comments on the Reno/Sparks real estate market or any of the articles posted in this blog. Please feel free to use my back door to the MLS and search the houses available in the Reno/Sparks and most Northwest Nevada neighborhoods. I can be reached by email @ chance@ballard-company.comhttp://www.myspace.com/chancegates .  You can also follow me at http://www.twitter.com/chancegates .  If you are behind on your house payment and looking for a loan modification, go to making homes affordable For a free copy of my report   “5 Steps For Reno/Sparks Homeowners To Prevent Foreclosures” go to my about page http://chancegates.com/about and ask for more information on preventing foreclosures. or   to request a modification.  If the modification fails, contact your local real estate professional to help short sale your home.  To make sure there is no deficiency judgment a homeowner might find it necessary to hire an attorney.

Image via Wikipedia

While renting offers zero tax breaks, buying a home offers several tax benefits that can make homeownership more affordable. Real estate professionals need to be careful in providing detailed tax advice to clients to avoid lawsuits, but you can ensure clients have the information they need to understand the all of the tax benefits of home ownership.

The following is a few of the tax benefits to home ownership, according to Stephen Fishman, an author and lawyer who specializes in small business, tax and intellectual property law.

▪ Home mortgage interest deduction: Home owners can take an itemized deduction on interest paid on a mortgage or mortgages of up to $1 million for a principal residence and/or second home. This deduction could potentially reduce the cost of borrowing by one-third or more.
▪ Property tax deduction: Home owners can deduct from their federal income taxes the state and local property taxes that you pay on the home.
▪ Deductible home buying expenses: Several closing costs in a home purchase are also deductible, such as loan origination fees (points), prorated interest on a new loan, and prorated property taxes paid at settlement.
▪ $250,000/$500,000 home-sale exclusion: Home owners who have lived in their home for two of the prior five years prior to its sale do not have to pay income tax on the majority of their profit — $250,000 for single home owners and $500,000 for married homeowners who file jointly.
▪ 14 days of free rental income: Home owners can rent the home up to 14 days during the year and pay no tax at all on the rental income.

Source: “The Tax Benefits of Homeownership,” Inman News (Feb. 4, 2011) (log in required)

As a Reno/Sparks real estate professional, I encourage all questions and comments on the Reno/Sparks real estate market or any of the articles posted in this blog. Please feel free to use my back door to the MLS and search the houses available in the Reno/Sparks and most Northwest Nevada neighborhoods. I can be reached by email @ chance@ballard-company.comhttp://www.myspace.com/chancegates . You can also follow me at http://www.twitter.com/chancegates . If you are behind on your house payment and looking for a loan modification, go to making homes affordable For a free copy of my blog titled “5 Steps For Reno/Sparks Homeowners To Prevent Foreclosures” go to my about page http://chancegates.com/about and ask for more information on preventing foreclosures. or to request a modification. If the modification fails, contact your local real estate professional to help short sale your home. To make sure there is no deficiency judgment a homeowner might find it necessary to hire an attorney.

www.realtor.org

Image via Wikipedia

A short sale is a transaction in which the lender, or lenders, agree to accept less than the mortgage amount owed by the current homeowner. In some cases, the difference is forgiven by the lender, and in others the homeowner must make arrangements with the lender to settle the remainder of the debt.

Why is the number of short sales rising?

Due to the recent economic crisis, including rising unemployment, and drops in home prices in communities across the nation, the number of short sales is increasing. Since a short sale generally costs the lender less than a foreclosure, it can be a viable way for a lender to minimize its losses.

A short sale can also be the best option for a homeowners who are “upside down” on mortgages because a short sale may not hurt their credit history as much as a foreclosure. As a result, homeowners may qualify for another mortgage sooner once they get back on their feet financially

As a Reno/Sparks real estate professional, I encourage all questions and comments on the Reno/Sparks real estate market or any of the articles posted in this blog. Please feel free to use my back door to the MLS and search the houses available in the Reno/Sparks and most Northwest Nevada neighborhoods. I can be reached by email @ chance@ballard-company.comhttp://www.myspace.com/chancegates . You can also follow me at http://www.twitter.com/chancegates . If you are behind on your house payment and looking for a loan modification, go to making homes affordable For a free copy of my blog titled “5 Steps For Reno/Sparks Homeowners To Prevent Foreclosures” go to my about page http://chancegates.com/about and ask for more information on preventing foreclosures. or to request a modification. If the modification fails, contact your local real estate professional to help short sale your home. To make sure there is no deficiency judgment a homeowner might find it necessary to hire an attorney.

Americans overwhelmingly oppose any action by Congress to tamper with the mortgage interest deduction, according to a nationwide survey which supports the NATIONAL ASSOCIATION of REALTORS® position that homeownership incentives must be preserved. Nearly 80 percent of respondents said they support retaining federal tax incentives to promote homeownership in a survey commissioned by the National Association of Home Builders. “These results show strong national voter support for keeping the mortgage interest deduction,” said Neil Newhouse, partner at Public Opinion Strategies, a research firm based in Alexandria, Va., which conducted the survey. “Clearly, voters have a very strong connection to the home mortgage interest deduction and are not likely to respond well to efforts to reduce or eliminate it. In fact, voters overwhelmingly say they would be less likely to vote for a candidate for Congress who supported either eliminating or reducing the home mortgage interest deduction,” Newhouse said.

NAHB’s findings bolster efforts by NAR to refocus national attention on the benefits of homeownership. NAR’s Homeownership Matters initiative is dedicated to maintaining taxpayer incentives and challenging misleading reports in the media that are being used to attack long-standing government policies. NAR will host a free webinar on Sept. 28 featuring chief economist Lawrence Yun to provide practitioners and REALTOR® association executives with information on NAR’s initiative.

Even when told that getting rid of the mortgage interest deduction would help ease the federal budget deficit, 72 percent of respondents in the NAHB survey opposed any proposal to abolish the home mortgage interest deduction. This cut across partisan lines and home owner status; 76 percent of Republicans, 75 percent of Independents, and 64 percent of Democrats oppose eliminating the deduction. Meanwhile, 75 percent of home owners and 55 percent of renters also oppose doing away with the home mortgage interest deduction.

Public Opinion Strategies conducted the survey Sept. 9 through 12 to assess the public’s attitude toward the mortgage interest deduction and the importance of homeownership.

As a Reno/Sparks real estate professional, I encourage all questions and comments on the Reno/Sparks real estate market or any of the articles posted in this blog. Please feel free to use my back door to the MLS and search the houses available in the Reno/Sparks and most Northwest Nevada neighborhoods. I can be reached by email @ chance@ballard-company.com or  http://www.myspace.com/chancegates .  You can also follow me at http://www.twitter.com/chancegates .  If you are behind on your house payment and looking for a loan modification, go to making homes affordable to request a modification.  If the modification fails, contact your local real estate professional to help short sale your home.  To make sure there is no deficiency judgment a homeowner might find it necessary to hire an attorney. For a free copy of my blog titled  “5 Steps For Reno/Sparks Homeowners To Prevent Foreclosures” go to my about page http://chancegates.com/about and ask for more information on preventing foreclosures.

Sources: NAR, National Association of Home Builders

On 7-1-09 a homeowner, owner-occupied residents in Nevada, will be allowed to request for mediation in attempts to keeps his house and negotiate a loan modification.
Here the site for more information http://www.leg.state.nv.us/75th2009/Bill…

4  steps for a homeowner to keep his house and get a loan modification,  1 step if all else fails:

1.) Talk to the bank and request a loan modification.   Start step 2 with in the week.

2.)  Go to www.makinghomesaffordable.org and request a loan modification

3.)  Contact a senator/congressman and ask for his help getting a loan modification.

A.)    If you live in the Reno/Sparks Greater area and would like a list of house that haves sold in your neighborhood to take to your elected official goto http://chancegates.com/about and request more information.

4.)  Request Mediation

5.)  Contact you local real estate professional and ask about a short sale.

Understand I’m not a lawyer and will not give legal advice, however I have been told if you are still living in the house and meet all the HAFA requirements that, there is no deficiency judgment against the homeowner for a short sale.

As a Reno/Sparks real estate professional, I encourage all questions and comments on the Reno/Sparks real estate market or any of the articles posted in this blog. Please feel free to use my back door to the MLS and search the houses available in the Reno/Sparks and most Northwest Nevada neighborhoods. I can be reached by email @ chance@ballard-company.com or  http://www.myspace.com/chancegates .  You can also follow me at http://www.twitter.com/chancegates .  If you are behind on your house payment and looking for a loan modification, go to making homes affordable to request a modification.  If the modification fails, contact your local real estate professional to help short sale your home.  To make sure there is no deficiency judgment a homeowner might find it necessary to hire an attorney.  .

There are two new programs to get eligible  families $20,000 to assist with their down payment, closing cost, or even to buy down points to help make home ownership available. Under both programs the applicant must be a first-time homebuyer that can be income qualified.

2009 Income Limits

As a Reno/Sparks real estate professional I encourage all questions and comment on the Reno/Sparks real estate market or any article posted.  I can be reached by email at chance@ballard-company.com or http://www.myspace.com/chancegates

On 7-1-09 a homeowner, owner-occupied residents, will be allowed to request for mediation in attempts to keeps his house and negotiate a loan modification.
Here the site for more information http://www.leg.state.nv.us/75th2009/Bills/AB/AB149.pdf

The 3 steps for a homeowner to keep his house:
1.) Talk to the bank and try to refinance.
2.) Contact a senator and ask for his help getting a loan modification.
3.) Request Mediation

Understand I’m not a lawyer and will not give legal advice, however if I can be of assistance with Reno/Sparks Nevada Real Estate part please let me know.

As a Reno/Sparks real estate professional I encourage all questions and comment on the Reno/Sparks real estate market or any article posted.  I can be reached by email at chance@ballard-company.com or http://www.myspace.com/chancegates

The next step is to determine the price to list the house. Once again this will be less than the homeowner owes on the mortgage. Knowing it is tough to find a buyer, for a short sale, the sale price will usually be to the lower end of the market. This will hopefully generate more interest in the house. However this price will have to come with in, a percentage of market value. The percentage could differ depending on which bank holds the mortgage.

As a Reno/Sparks real estate consultant I always welcome any comments or questions on the Reno/Sparks real estate or any of the articles I posted.  You can email me directly at  chance at ballard-company.com