NAR MIDYEAR REPORT

In May, I attended NAR’s midyear legislative meetings in Washington, D.C. along with Jeff Doxsee, TBR President-Elect. TBR Executive Director Steven Louchheim and Paul Galloway, Manager of Association Technology, also attended, as did TBR members Bert Bevis, Patti Ketcham, and Rae Roeder.

Items approved by the NAR Board of Directors:

• Approval of the 2014-2016 operating budgets.
• Approve continuation of the $35 member assessment for the Consumer Advertising Campaign, formerly the Public Advocacy Campaign. The campaign promotes the value of REALTORS®, homeownership, and the value of owning real estate as an investment.
• Election of Florida’s own Tom Salomone as NAR 2014 First Vice President. Tom will be NAR President in 2016.

Federal Issues
We met with Rep. Southerland and Senators Nelson and Rubio to promote REALTOR® and homeownership interests. The following talking points highlight the Federal issues we discussed:

• Preserve the mission and purpose of the FHA program. NAR supports H.R. 1145, legislation that provides FHA with the flexibility to make necessary changes, provides protections to taxpayers against lenders who make errors of material fact, and improves program oversight.
• Preserve homeownership tax policies. NAR opposes efforts to alter or eliminate the mortgage interest deduction (MID) for primary and second homes, and maintains that property taxes should not be considered “income” subject to federal income tax. Additionally, Congress should maintain the capital gains exclusion for sale of principal residence.
• Restructure Fannie Mae & Freddie Mac, and encourage the return of private capital so that affordable mortgages are available to consumers.

Local Leadership Idea Exchange
Jeff and I met with leaders from other medium-sized local boards to discuss ideas and issues— flood insurance, Realtor.com, REALTOR® brand awareness, board leadership development, social media, non-dues revenue, to name a few. We learned how other local boards conduct their their business and membership meetings, addressed the issue of broker involvement to encourage agent participation, and the ways we can use technology and social media at the local level to enhance communications.

Left to Right: Steven Louchheim, Keith Hodges (President-Elect, Bay County Association of REALTORS® ), Stephanie White (Executive Director, Bay County AOR), Bert Bevis, Rep. Steve Southerland, Alan Graham (Governmental Affairs Chairman, Bay County AOR), Frank McClean, Vince Price (President, Bay County AOR), Jeff Doxsee. 

EDUCATION AT TBR

CATRS Technology Forum and District 8 Summit. The Tech Forum held on May 30^th sold out three weeks in advance—so you won’t want to miss it in 2014! The event kicked off with presentations from candidates for 2014 Florida REALTORS® office, brought us the latest technology info to apply to our business, and ended with a post-event social hosted by Florida REALTORS®. The tech discussion was lively and fast-paced, never boring or above our heads (even when the talk was about the “cloud”).

Lunch & Learn. TBR has REP classes (many classes for one low price, including technology and CE). We have monthly hands-on MLS training (offered at no charge). Now, we’re hosting Lunch & Learns—have lunch, learn about a current topic, and leave with the knowledge you need…now! Last week, we had a big crowd with us to learn about REOs and foreclosures; on June 20^th, we’ll lunch and learn about hurricanes and insurance; and coming soon—photography. No cost to register, plenty to gain! For more information on the program—maybe you have a topic to share with us—contact Sonia Jewell, Education & Events Coordinator, Sonia@TBRnet.org.

TBR AFFILIATES

Affiliate Showcase, July 2, 9 a.m. This quarterly event, held during our regular Tuesday morning marketing slot, is popular with our Affiliates and REALTORS®. Networking at TBR is a great membership benefit, and this trade show event is the perfect way for our Affiliates to get the word out on their products and specials, to connect our REALTORS® with the services they and their clients need.

Frank A. McClean
2013 TBR President
Community Property Management, Inc.

While the legislature found itself in an unusual position—enough cash to balance its budget—it still found time to pass some bills that will affect us all in a meaningful way.

The one passed, and vetoed, that no one wants firsthand experience with, the alimony bill, will be back again next year. The next time it will not be retroactive, but prospective, and it will do away with permanent alimony. The governor received an incredible amount of calls, both for and against it. Next year it will pass, and become law.

But on the real estate front, most issues were agreed to.

There was a rewrite of the law dealing with powers of attorneys, on what must be the dullest sounding law to come before the legislature. What a lot of people do not know is that there is a group called the Commissioners on Uniform State Laws. As their name suggests, they draft possible state laws that should be adopted uniformly in all the states. That is how our probate code was revised decades ago, making probate more simple and less expensive.

This time the legislature in House Bill 841 tweaked the power of attorney law that was already substantially rewritten in 2011, to conform to the Uniform Power of Attorney Act. Rather than go through all the changes in 2011 and 2013, just make sure that anyone who presents to you a power of attorney before 2011, has had their attorney reconfirm that it is still valid under the revised laws.

On homestead property, Senate Bill 342 amended section 196.061, FS, to provide that homestead exemption is not presumed abandoned unless it is rented for 30 days in a calendar year.

A major rewrite of the land trust statute was passed. Every few years, real estate experts recommend the use of entities such as partnerships, corporations, trusts, or some other exotic form, all for various reasons like taxation, liability, avoiding probate, or just seems like a good idea. Regardless, the use of land trusts, which have been around a long time, just got a major rewrite by the Florida legislature. House Bill 229 redefines land trusts and makes significant changes. If you are dealing with a land trust, the attorney for the land trust needs to make sure it complies with the new law.

Filing false documents against a piece of real estate is now a crime. This includes filing liens, leases, bills of sale, mortgages, or deeds. This is serious and should give some pause to a person thinking about recording a document affecting real estate, when their right to do so may not exist. As a REALTOR®, you may want to make sure everyone knows about Senate Bill 112.

And as long as the legislature was rewriting major laws, it decided to jump in on limited liability companies (LLCs), too. Senate Bill 1300 moved the law on LLCs from chapter 608 to 605, Florida Statutes, and added many provisions. If you are dealing with an LLC, make sure its attorney can confirm that it is in compliance with the new law.

Homeowners insurance just got harder to find, if you are near the coast. Senate Bill 1770 prohibits Citizens Insurance Corporation from insuring any new construction or substantial improvement after July 2014 that is seaward of the coastal construction control line.

For those doing residential rentals, you will want to look at House Bill 77. It makes various changes to Chapter 83, FS. This law now includes specific form language to be given to a tenant about security deposits.

And finally, House Bill 87 made several amendments to the foreclosure process in the state. Most importantly to homeowners is that a lender only has one year to seek a deficiency on a homeowner. There are many more provisions of the bill that affect homeowners and lenders, all ultimately intended to accelerate the process. The expectation in the legislature and apparently at the Supreme Court, which just approved expedited procedures, is that once the foreclosures are complete, the marketplace will heal. We will see.

Joe R. Boyd
TBR Legal Counsel
Board Certified Real Estate Attorney
Boyd & DuRant, P.L.

Imagine having the responsibility to review, rank, and/or cut down a list of 60 governmentally recommended and citizen-initiated infrastructural, beautification, and enhancement projects to fit within a budget of roughly $500 million over the next 20 years?

Welcome to work of the Leon County Sales Tax Committee.

On September 13, 2011 the Board of County Commissioners adopted the enacting resolution to establish this 23-member committee. The committee’s objective is to collect public input and make recommendations regarding public policy for the infrastructure sales tax issues within Leon County. The committee is also responsible to make final recommendations to the Board of County Commissioners and the City Commission in the form of a written report, workshop, or other means that shall include: (1) recommendations as to the timing of the infrastructure sales tax referendum, if any; and (2) a review that contains advisory feedback on the projects considered by the committee.

The main issue is “Why should REALTORS® care?” It is quite simple: well-placed infrastructural improvements in our community increase the potential valuable and highest and best use of real estate in our communities. Such initiatives which mitigate flooding through stormwater improvements, expand multi-modal transportation access, provide utility enhancement / expansion, and prioritize environmental stewardship have been proven time and again to help a community retain its natural character while paving the way for future growth.

The current appropriation of the sales tax through Blueprint 2000, along with the infrastructural priorities of the City of Tallahassee and Leon County have funded the construction of Capital Circle, the development of Cascades Park, the purchase of environmentally sensitive land spaces, water quality improvements and protections in diverse areas of our City and County, the redesign of Franklin Boulevard to mitigate stormwater collection on that corridor… the list goes on and on. While every project currently under review by the Committee has merit, only a fraction will make the “cut” for recommendation to the City and County Commissions for inclusion on the Sales Tax Extension ballot. Put simply, the decisions this committee has been appointed to make will set the pace for commercial and residential development within our local market for the next 20 years… and this is why REALTORS® should care.

You are encouraged to tune in to the conversation! Meetings are publicly noticed and held at the Leon County Collins Main Library downtown. For more information about the Leon County Sales Tax Committee—who serves on it, bylaws, and a current list of projects under review—please visit the Committee’s web page.

Christic Henry
Communications Chairman
Kingdom First Realty

IMAGINE Tallahassee is a grassroots initiative providing citizens an opportunity to brand their community and provide ideas and suggestions on future economic development investments in our community. IMAGINE Tallahassee is financed with private funds, supported by County and City staff, and led under the guidance of a national consulting firm Wallace Roberts & Todd LLC. The Leon County Sales Tax Committee has tentatively set aside up to 15% of the future infrastructure sales tax revenues (currently the Blueprint 2000 tax) for economic development and is awaiting the recommendations by IMAGINE Tallahassee to make the final decisions regarding the allocation of funds towards economic development projects and initiatives. Fifteen percent of the future sales tax revenue is equal to approximately $113 million.

IMAGINE Tallahassee has hosted two community forums so far and is currently asking residents who were unable to attend Step 2 to host a Meeting in a Box. The Meeting in a Box gives you the opportunity to connect with your peer groups in a dynamic and meaningful way.

The Meeting in a Box will supplement the Community Forum Series held on June 10th, 2013, giving residents who could not attend the opportunity to discuss issues in a group setting and provide input that will help shape the vision and policies of the Tallahassee Vision Plan. Please go to www.imaginetallahassee.com to sign up for a Meeting in a Box and we will email the package to you.

The next community forums are scheduled for August 28at 5:30 p.m. or August 29at 1:30 p.m. Please save the date—locations TBD.

Kim Rivers
IMAGINE Tallahassee

June is Florida’s Certified Residential Specialist (CRS) month and the last week in June is the National CRS Week. While many of you know what this designation is all about, others want to know more. Our primary mission statement outlines the desire to provide information and training for our members to be the best and most knowledgeable REALTOR® in our area, and to be trusted to guide a buyer or seller to the best possible outcome—one who is capable of sending and is trusted to receive referrals throughout the country.

Taking a quote from our National CRS Week promotion, “The best real estate practitioners in the business take their careers seriously. They know that, to be successful, they must continually hone their skills and learn leading-edge strategies that will keep them at the top of their game.” In line with this statement, the Council has developed four webinars to be accessed by all REALTORS® the last week in June.  Please access the CRS Week information online and sign up for one (or all) of the complimentary sessions: The Five Irrefutable Rules for Listing Success; Planning for Profit; Call Me, Maybe?; and Why the Cloud Rocks.

Rae Roeder
Rae Roeder Realty

This year I renewed my license for the start of year 11! Hard to believe that what seems like yesterday I left a career of 20 years and ventured into full self-employment. It was a big step for me as a single mother of two young girls. My story is not so different than that of so many people in our industry. I cannot imagine what my real estate world would look like without “The Association.” The gains both personal and professional I have made because of the participants in this support group I could have never re-created. Yet, for some we are on the brink of irrelevancy. How could that be? Why have we let it happen?

The profile of our associations has remained the same for many years. We serve as a member resource, providing education support; we merge support with a Multiple Listing Service that helps us communicate among ourselves and clarify compensation and terms of sales between seller and buyer; and we offer a means of networking with other industry professionals who desire to operate on a higher standard of practice. We, historically, have a limited number of members that take advantage of the services our membership dues provide. Across the state and nation, associations struggle to fill education classes with our own members, yet some members and brokers within associations, with the exception of registration or renewal, have never stepped foot in their board office, much less been involved in the support groups established for their members, and even less often advocate by donation to RPAC or in person for the very persons they serve, private property owners. Ever wonder why, or what you can do to be involved in the evolution of your association? Are you aware that despite a lack of involvement, your Board is still growing? So, why then is it irrelevant to most of its members?  These are the hard questions, friends.

What would your association look like to you? Again, where do you fit in that association? So, what if: your board addressed your financial success, bolstered your enthusiasm for your business, delivered tools and strategies that brought you value, monetary and motivation? What  if: your association inspired a sense of belonging that enabled you to provide an accelerated level of pride and confidence from early in your career, carrying forward to later years of investment? What other elements are important to you for your association to provide, or how should it represent you?

Associations serve a two-fold purpose: (1) they provide avenues for REALTORS® to prevail and to thrive in the marketplace of the transfer of real estate, and (2) they provide a safety net for consumers. That “security blanket” is our knowledge, expertise, and a personal connection and relationship. Ultimately, it is the REALTOR® that will revive the Association, for it is the REALTOR® who collaborates with consumers, with neighborhood organizations, politicians and community leaders, builders and developers—and it will be the REALTOR® determining the directions that will change the Association’s culture. New career specialties are arising, development of existing specialties are emerging stronger and changing with contemporary culture; our Association must rise to meet the needs of change. The status quo will stifle the success of your association, but is the status quo what you have grown to expect?

Three elements must be fully invested in the REALTOR® Association: leadership, staff, and you.  What’s your vision, what’s your challenge, who is accountable, who has the most to gain from a strong REALTOR® association? There’s a place for you at every table of discussion. There’s an avenue for you to express your needs, your vision, your challenges within this Board. Use your voice. Give your time. Share your talent. There is still time to be a part of the Race to Relevance in our local, state, and national associations.

Debbie Kirkland
Past President
Armor Realty of Tallahassee

TOMORROW
Howlin’ for Habitat. This is our second ever “Howlin’” karaoke party benefiting Habitat for Humanity—don’t miss it! It’s tomorrow, Thursday, May 9, 5 – 8 p.m. at Krewe de Gras. Have fun with your friends and “karaoke for a cause”—you’ll have plenty of chances to sing (and to avoid singing, if you’re shy…). 

THIS WEEKEND
Parade of Homes. The Tallahassee Builders Association’s annual Parade of Homes is coming this weekend and next, May 11 – 12 and 18 – 19. Jane Bixler Conn, chairman of our REALTOR®/Builder Committee, will announce the winners of the REALTORS® Choice awards at the Tallahassee Builders Association awards ceremony on May 15^th. Winners will also be posted in eBoard Briefs the Friday after the ceremony, and again in that Sunday’s “Real Estate Corner” in the Tallahassee Democrat.

NEXT WEEK
NAR Midyear Meetings. I’m looking forward to NAR’s Midyear meetings in Washington, D.C. along with Jeff Doxsee, TBR President-Elect; Steven Louchheim, TBR Executive Director; and Paul Galloway, TBR Manager of Association Technology. We have a full schedule: updates on Federal priority issues, professional standards, and member policy. We’ll meet with Rep. Southerland and Senators Nelson and Rubio. Paul will meet with our membership software vendor, Rapattoni and attend CMLS training—a designation for MLS executives. Steven will attend an update from Supra, our lockbox and key provider. I’ll report the details in June’s President Message.

DON’T MISS
CATRS Technology Forum & District 8 Summit. We’re wrapping up this month at TBR with an amazing technology program on May 30—with panelists, tech roundtables, and technology vendors; plus prizes, lunch, a social, Florida REALTORS® candidates and leadership… It’s almost too much to mention! This event, organized by TBR’s own Paul Galloway, is a great resource for TBR members—and we’re welcoming Florida REALTORS® District 8 and the public to attend, as well. Even though this technology forum is three weeks away, very few seats remain…so register now; you won’t want to miss this.

RECAP
Great American REALTOR® Days. April’s Great American REALTOR® Days at the Capitol was a rousing success with the Rally in Tally. Over 80 TBR members attended the rally, joining nearly 1,300 REALTORS® from across the state. Congratulations to Jack Davidson and Dorrece Lisenby, our iPad winners! And thanks to Kristina Petrandis, Governmental Affairs Chairman, and her committee for their hard work. When you see Tiffany Hamilton, YPN Chairman, and the members of the Capital Area Young Professionals Network, congratulate them on a job well done—they raised $1,200 for Habitat and RPAC with their GARD After Party, which was a huge success and a model of teamwork and creativity.

Frank A. McClean
2013 TBR President
Community Property Management, Inc.

Leon County has a new ordinance related to homes that are about to be foreclosed. It will be interesting to see how it works. Hopefully, the abandoned home with the trash and overgrowth that threatens property values will now have some accountability, or at least the mortgagee will.

The Registration Form for Abandoned/ Distressed Property—that is its title—is now available on the www.leonpermits.org website, maintained by the county Development Support and Environmental Management office. The ordinance is on the website, also.

The ordinance requires the mortgagee to pay a $150 registration fee and complete the form within ten days of determining that the property is in default. There may be a lot of argument about when and what constitutes a default, and how that determination is made, but there is no doubt that many of the homes we see daily qualify for the definition of being abandoned, and most likely in default of the mortgage on the home.

The registration is good for a year, and it must be registered again annually, and the fee again paid.

The lender is also required to identify a local representative to secure and maintain the property. A sign must be posted on the property with the contact information of the representative. Enforcement starts July12, 2013.

As a REALTOR®, you have a vested interest in helping property owners know about their property obligations. A homeowner faced with default should be aware that the lender will have no choice but to post the notice and register the property, if the circumstances fit the law. You can share this information without giving legal advice, and the homeowner can just look it up. Or if you work with mortgagees, you should let them know of this requirement.

Already you have seen the white papers taped to windows on homes that are obviously abandoned. Many of those homes are in disrepair and there was no way to contact anyone in authority. The homeowner may be gone and avoiding being served with foreclosure papers. They do not want to talk to anyone. And servicing companies for many lenders have no idea what property you are talking about, unless you have a loan number. And even then, a mortgagee has limited rights to go on the premises or to do anything with regard to the premises, at least until a foreclosure starts and a court enters an order.

The County has taken a first step in trying to establish some lines of authority and accountability related to abandoned homes. Some will think it is just another tax, but let’s hope that it helps bring an end to these eyesores as we recover from this terrible economic nightmare.

Joe R. Boyd
TBR Legal Counsel
Board Certified Real Estate Attorney
Boyd & DuRant, P.L.

What is “Assume Identity?”  Assume Identity is a way for you as an agent or broker to allow a licensed or unlicensed assistant to log into the MLS under their own unique login and then “Assume the Identity” of the agent or broker they are working for. Why is that a benefit to you?  The easy answer is that you will no longer have to share your username and password with anyone else, thus creating a more secure and reliable MLS!

A more complete answer might be that as a result, you can be certain that under your login, only you can manipulate your listings. When the assistant that is working for you logs into Paragon and assumes your identity, there will now be a “paper trail” that shows the assistant is logged in under their unique username and password but, and with your permission only, has assumed your identity and made any change to your listings.

This should be especially beneficial to real estate teams as well as the assistant that needs to access an agent’s or broker’s account to expedite workflow in the most efficient manner possible. As for the CATRS MLS management and support staff, it allows us to assume your identity as well and potentially isolate any issue that might be account-specific without requiring you to divulge your personal username and password. This is a huge timesaver!

Of course there will be some minimal paperwork that will need to be completed and a nominal fee for new user IDs, but once implemented Assume Identity has the potential to not only help to protect the overall accuracy and integrity of the CATRS MLS but to also transform your daily real estate business in a positive and mutually beneficial manner.

If you have any further questions or need more details please feel free to call the CATRS/TBR Technology Desk at (850) 224-7713.

Will Shepherd
Technology Support Specialist
Capital Area Technology & REALTOR® Services
Tallahassee Board of REALTORS®

Coming May 30: CATRS Technology Forum and District 8 Summit. I sure hope you’ve already registered and have this event on your list of “gotta do’s,” because if you live in Florida REALTORS®’ District 8 (this includes Tallahassee), you have a great opportunity coming your way! But, signing up is the key—seats are selling fast; you can buy your tickets online or by calling the TBR office, (850) 224-7713. If you’re a District 8 REALTOR® but not a member of the Tallahassee Board of REALTORS®, call us directly to register at the member rate. Again, seating is limited—this event is also open to the public—so you will want to sign up right away.

The CATRS Technology Forum starts at 11:30 a.m. on May 30, with a boxed lunch followed by an afternoon of fun, cutting-edge technology information, and even opportunities to win some really cool tech prizes and the chance to meet your Florida REALTORS® leadership as well as those wishing to serve as future state association leaders. All in all, it is going to be a great day followed by a social at 5:30.

The future of our associations depends on its members. As a member of the local, state, and National Associations of REALTORS®, your interest and participation is invaluable. Leadership wants to know the membership, and this is a wonderful opportunity for us to meet and listen to our state leadership team. This is especially true if you are not currently attending the state association meetings or are not involved at the state level. The candidates for Florida REALTORS®’ 2014 leadership team will speak for five minutes each beginning at noon; they’re traveling a long way to see and meet you, so let’s show them a warm District 8 welcome!

The afternoon will be filled with many technology tips and tricks. Our own Paul Galloway, TBR’s Manager of Association Technology, will be heading up the afternoon tech forum with a team he has assembled to bring you all the latest and best technology information available. This will be a sellout. Paul and his team of “techies” have arranged a dynamite program, and you’re going to kick yourself if you miss it! NOT to mention the many opportunities you’ll have to win some great prizes (including a Windows 8 laptop).

While this isn’t designed to be a Q&A session, bring your questions (and even solutions)—if time permits, Paul and his team will help you out. Do take advantage of the opportunity to compare various products at the event’s Vendor Alley, and ask the representatives on hand your questions about their products or technology solutions.

Don’t ignore my advice that time is of the essence—sign up now! Help me make this one of the most successful District 8 meetings Tallahassee has hosted in a while!

Lucretia Thomas
District 8 Vice President
Thomas Acquisition & Property Specialists