Upfr nt CODE VIOLATIONS pg 5 HIGHTECH BUSINESS CARDS pg5 GOAL PLANNING pg6
HELP FOR PROPERTY OWNERS
Code Violations
Tips for helping customers understand code violations GARY KALEITA WITH LOWNDES, DROSDICK, DOSTER, KANTOR & REED AND AMANDA CARUSO
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eal estate professionals sometimes find that a property they have listed has code violations. The existence of such violations raises concerns with potential buyers about whether a property has been maintained adequately, whether more comprehensive due diligence investigations are required and whether the property is worth the sale price, to name a few. If you’re representing an owner, examine the property when it is listed, notice any possible code issues and advise the owner to address them to facilitate marketing of the property and maximize the sale price. Some violations may be expensive to fix, such as those that materially affect the value of the home. Both the seller and the listing broker have an affirmative legal duty to disclose these defects. Typical conditions include roof leaks, termite infestations, subsoil conditions, building code violations and swimming pool defects. If property owners receive a code violation notice, you can assist them:
1.
Contact the code enforcement officer and schedule a meeting with the owners at the property. You need to understand why the property is not in compliance with the code and what it will take to bring it into compliance.
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NOW YOU KNOW
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All written communications with the code enforcement officer or other related staff members (including emails) are public record and may be presented as evidence at a code enforcement hearing.
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If an owner is required to appear before the local citizens’ code enforcement board, encourage the owners to keep a detailed record of the case (i.e., pictures of the violations, written communications, invoices, receipts, permits, applications for variances, etc.). The code enforcement board will hear all the evidence and then make a finding as to whether the property is in violation of the applicable code; if it is in violation, the board will provide a timeframe within which it must be brought into compliance. Gary Kaleita is a real estate partner at Lowndes, Drosdick, Doster, Kantor & Reed, P.A. who concentrates on real estate development, finance and transactions, condominiums, property owners’ associations, commercial leasing, commercial lending, and title insurance. Amanda Caruso is corporate counsel at Marriott Vacations Worldwide Corporation
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