Property Assessed Clean Energy (PACE)

Property Assessed Clean Energy (PACE)

What is PACE (Property Assessed Clean Energy)

As of fall 2016, the City of Orlando now provides a new set of financial tools to home and business owners to help them lower their utility bills and make our buildings more energy and water efficient through the Property Assessed Clean Energy (PACE) program. PACE removes the barriers of high upfront costs and provides low-interest financing to help residents and business owners looking to modernize, mitigate wind damage and improve the energy and water efficiency of their property.

The program, approved by the State of Florida for local communities to implement, uses approved third-party administrators that provide funding through a special assessment levied on the property. As a result, the loan stays with the property and allows the assessment to transfer when a home or building is sold. Payments for the assessment are made through annual property taxes. This assessment can be amortized over a period of five to 20 years, which allows for the cost savings resulting from the improvements to be used to pay back the amount owed.

Currently, more than 60 cities and counties throughout Florida have enabled PACE financing, including Leon and Escambia Counties, City of Kissimmee and Miami-Dade County>, or enable

Homeowners and Business Owners

In the Orlando PACE Program, businesses and homeowners can choose from these four state approved third party administrators:

YgreneWorks

Ygrene Energy Fund is the nation’s leading multi-state provider of residential and commercial property assessed clean energy financing. The award-winning, privately funded YgreneWorksTM program provides immediately accessible financing with no upfront costs for energy efficiency, renewables, and, in certain areas, water conservation, hurricane protection, electric vehicle charging stations and seismic upgrades. Ygrene is committed to making it easy for families to invest in their future and a healthier environment. Over the next five years, YgreneWorks is projected to create tens of thousands of local jobs and invest hundreds of millions into local economies.

Home / Benefits / Property Owners

Property Owners

Home owners readying a property for sale or just having purchased a property often find themselves in a position where property improvements need to be made. Sometimes these improvements are necessary in order for the property to pass a four-point inspection for insurance purposes. Other times, property owners have purchased a property knowing that they want to make immediate improvements to the property to satisfy desires for curb appeal, cost savings, safety or overall property reliability.

Often, paying for these improvements can seem like an insurmountable obstacle. Property Assessed Clean Energy (PACE) financing is funding available to qualified property owners to make energy efficiency, renewable generation and wind mitigation improvements and repairs. The funding is repaid through an assessment included on the annual property tax bill. In addition, property owners can make additional wind mitigating improvements that will further reduce their property risk, including: wind-rated doors, impact-resistant windows and storm shutters. PACE financing with the Agency is now available in 22 communities throughout the state of Florida.

Benefits include:

Not based on credit score
Program pays contractors
Stretch payments out over terms up to 30 years
Fixed interest rates

Contact:
Residential Properties: (855) 509-9922

www.AllianceNRG.com
Commercial and Owner Associations

(855) 431-4400

www.CounterpointeSRE.com

Information on House Windows – Types & Styles

Here is a round up of the most common replacement home window types that homeowners install in their homes. Each window serves a different purpose and there are many different window styles to choose from.

Arched Windows

Arched windows are a beautiful addition to any living room or room where specialty shaped windows blend seamlessly.

Awning Windows

Awning windows are hinged on the top and open outward at the bottom, these house windows offer ventilation and protection from the rain. They are often paired with other windows for extended outside views.

Bay Windows

Bay windows are a combination of three or more windows that angle out beyond the house wall. The middle window is usually a large picture window.

Casement Windows

These classic kitchen windows crank open and out either to the left or the right depending on installation. When installed side by side they are a beautiful addition to any home.

Circle Windows

Rounded windows make a great piece in any home. You can choose between a full circle window or half circle window.

Double Hung Windows

Double-hung windows are another very common home window where both the upper and lower sash open.

Egress Windows

Egress windows are usually a new installation window installed by state law, they provide an escape from a home when other exits are blocked.

Garden Windows

Garden windows are perfect for plants and also great for a nice decorative shelf space usually found in a kitchen or living room.

Glass Block Windows

Glass block windows increase lights in rooms and are great accents for the home and offer some privacy for bathroom windows.

Hopper Windows

Hopper windows tip down and outward and are great for compact spaces.

Jalousie Windows

Jalousie windows are great for increased air flow and light. They create gaps with a lever that cranks slats out like window blinds.

Single Hung Windows

Single-hung windows are the most common house window type, they are affordable, and have one bottom sash that opens up or down.

Skylight Windows

Skylight window installations add light to your home and are great for compact upstairs rooms with viewable access to ceilings.

Sliding Windows

Sliding windows come in small regular home windows that glide open or can be installed as sliding glass doors for entry into a home from a patio or backyard.

Picture Windows

Large picture house windows are big fixed rectangle windows that allow for beautiful views and are a gorgeous addition to any home.

Transom Window

A narrow window that can be either operating to let in air or non-operating (stationary) and mounted above a door or window to let in more light.

Useful information to know about construction.

Types of water supply pipes used in Florida.

PVC and CPVC : most homes built after year 2000 is piped with CPVC supply pipes, This pipes are durable cheap and easy to install. If you see this type of pipes in a house you are safe. Usually this type of pipes are glued to .
Polybutylene: A gray polymer pipes that was produced between 1978 and 1995. This type of pipes are obsolete and can cause floods. Most insurance companies will not insure that type of pipes and if exist in a house it needs to be replaced ASAP. Mostly it was used with compression connectors.
PEX : a type of polymer it comes in white, Blue and red colors it is easy to use because of its flexibility. Usually use with compression connectors or shark bite connectors.
Copper pipes are the are used widely in older homes, copper pipes are an expectable type of pips is Florida but it needs to be inspected for corrosions, it is soldered to copper connectors.

A Brief Overview of Insulation Requirements in Florida

Insulation Requirements in Florida

Residential requirements for insulation are divided by the location in the home. Framed wall insulation must meet or exceed R-13. For block walls, interior insulation must meet or exceed R-7.8, and exterior insulation must be R-6. Ceiling insulation must be much higher at R-30, and a raised floor must be at least R-13.

Insulating power, or R-Value, is only one factor to consider when building or improving a home to keep it comfortable. Different materials respond to weather conditions differently. For example, traditional batting insulation will lose some of its insulating ability in high winds, making air-tight seals an important consideration when using this insulation type.

Insulation Materials

Because each type of insulation responds to building and weather conditions differently, there’s more to consider beyond mandated insulation requirements if your goal is a comfortable home. Here’s a look at the different types of insulation, along with a few considerations for each.

Batts And Rolls

Batts and Rolls: This is the type of insulation that most people are familiar with. It is usually made from fiberglass but can also be made with mineral wool, plastic fibers, and natural fibers. It’s recommended for use in framed walls, floors, and ceilings because it’s easily laid between studs, joists, and beams.When choosing this type, safety precautions must be taken as the tiny fibers can be hazardous–especially if they are inhaled. It also does not provide an air-tight seal, so additional measures are necessary to prevent air leaks.

Reflective Systems.

Reflective Systems. Made from foil-covered paper, plastic, or cardboard, a

reflective system is a good choice for unfinished walls, ceilings, and floors. It is

most effective at preventing downward heat flow–or preventing heat from

entering a structure–making it most useful in warmer climates. A reflective

insulation system is not as effective at keeping warm air in and does not provide any protection from air leaks, so it may not be suitable for cooler weather.

Rigid Foam

Rigid Foam. Made from polystyrene, polyisocyanurate, or polyurethane, this type of insulation is recommended for unfinished walls, floors, and ceilings along with unvented, low-slope roofs. It provides excellent insulation with relatively low thickness.Rigid foam is easy to cut to size and apply to large structural areas such as ceilings and walls, but can be very difficult to fit around obstacles and into tight spaces. It must also be used in conjunction with building-code approved material for fire safety when used on interior spaces. For exterior spaces, it must be covered with a weatherproof facing.

Loose Fill

Loose Fill. Cellulose, fiberglass, and mineral wool are common materials used for loose-fill and blown-in insulation. It is an excellent choice for adding insulation to an existing home because it can be applied without entirely removing existing walls and into other hard-to-reach places.Loose-fill requires specialized machinery, so this is not a DIY project for most homeowners. Cellulose can also become too heavy for some attics, and it’s susceptible to mold infestations when exposed to damp conditions. Also, as loose-fill compresses over time, it loses some of its effectiveness.

Spray Foam

Spray Foam. Typically a chemical mixture, spray foam is an excellent choice for adding insulation to existing finished areas and for reaching difficult and irregular spaces. It is easiest to apply on a new construction or a home undergoing a significant renovation, as exposed structures make a tightly sealed home more possible. Foam is resistant to water damage and mold growth, making it the right choice for humid climates and areas that are susceptible to flooding, heavy rains, and hurricanes.Spray foam insulation also requires special machinery and an experienced installer for proper application. It can be a bit more expensive than other insulation types. However, in exchange for these drawbacks, spray foam provides superior coverage. Because it seals directly to the surface it is covering, spray foam insulation reduces the need for air-sealing tasks such as caulking.

How is condo lending Different?

How is condo lending different ?

Has Condo lending let up? Is it still as hard to get a condo financed?
Yes, and it depends. We have closed more condos this year then we have the past 2 years combined – so yes, we are seeing an upward tick in condo lending.

Purchasing a condo is different than purchasing a detached single-family residence and here’s why: You have TWO sellers. The “HOA” (usually a LLC) that owns the outside of the building and land that it is built on and a “human being” seller that owns dry wall, appliances and everything inside the unit.

You not only have to approve the buyer, but the lender now has to approve the HOA as well.
This is a good thing!
Lenders did not do this before and look what happened. Now the HOA has to pass minimum requirements according to Fannie Mae, Freddie Mac, VA or FHA guidelines.

For FHA and VA loans the condo MUST be approved on the FHA or VA condo websites.

For conventional loans, there are very few condos that are currently approved by FNMA or Freddie Mac so most are a case-by-case approval process.
The links are listed below for you to review.

You can go as little as 3% down on a condo with conventional lending, subject to the HOA getting approved with full condo review.

Prepare your buyer and seller up front. Below are the documents we will need to get the approval process going. If the seller can have these documents included in the seller disclosures that would make things go much smoother and a quicker decision reached.

Be proactive and request a condo questionnaire from your lender to be filled out.

*If you do not have a preferred lender,
Team Wilson would love the opportunity to earn your business.

Documents we’ll request from HOA Management Company:

· Questionnaire
· Bylaws & declarations
· Master Insurance Policy
· Balance sheet w/n 90 days
· Budget

Potential Deal Killers:

* More than 15% of the units are 30 days past due on the HOA fees
· On Investment Properties if 51% of the units are investment owners this may kill the deal. This does not apply to primary residence.
· No single entity, other than units owned by developer still for sale, may own more than 10% of the units.
* The current budget must show a line item for a 10% reserve account. For example $100k annual income means the reserve line item must have $10k allocated.
· Allows for daily/nightly rentals and has a check-in desk.
· The amenities such as a pool, clubhouse are under a recreation lease to another company.
· Pending lawsuits against the developer/builder that have not been resolved. Although a slip and fall or minor law suit may be okay.
· If the commercial space within the project is greater than 25%.
· Property insurance for the total project is less than $80/sq. ft. The master policy needs to have enough coverage. If it doesn’t we will need an appraisal evaluation of the entire condo project. Insurance agent may already have this but has to been done w/n 3 yrs.
Some Important Facts & Positives to know:

· INVESTOR condos – up to 70% LTV in Florida can now take advantage of LIMITED REVIEW as long as the project in an eligible project.
· 25% down on a primary residence condo = streamline condo review.
· Try to obtain some documents from the seller during the inspections period to review. We ask for these documents b/c they are important. Your buyer should review them as well.

Websites:

FHA: https://entp.hud.gov/idapp/html/condlook.cfm

VA: https://vip.vba.va.gov/portal/VBAH/VBAHome/condopudsearch

Fannie Mae: https://www.fanniemae.com/content/datagrid/condo_pud/condo_approved_projects_report-fl.pdf

Relocation To Orlando Florida

Relocation To Orlando Florida

Orlando Map - Tourist Attractions

Relocation To Orlando Florida

Although it’s a city well known for being the home of the “Happiest place on earth,” Orlando has much more to offer than Disney World and other local theme parks. Rest assured, being an epicenter for film and entertainment, you can bet you will never get bored in “O-Town.”

This centrally located Florida city, also known as “Hollywood East” offers the largest single-story mall in the USA, numerous green golf courses and a thriving music and nightlife scenes. If you’re considering moving to this inland city, get ready for your close up! This guide will offer tips and advice for making your transition to the Sunshine State seamless and exciting.

Orlando Climate

Orlando is considered a subtropical climate, with two major seasons a year due to its proximity to the Gulf Stream. During hurricane season (approximately June through early October for Floridians and other southern state residents), Orlando is typically in its rainy season with high humidity. Late October through April or May, expect a very dry season with some rainfall and warm temperatures. Summer month temperatures tend to be in the 90-degree range, cooling down to the mid 70’s in the spring and winter months.

Orlando Neighborhoods

There are over 100 neighborhoods within this 110 square-mile city, including many unincorporated communities. It is the hub city of the Greater Orlando metropolitan area with a staggering population of over 2 million people, and includes the Kissimmee and Sanford area – areas most well known for tourist attractions like Disney World, Universal Studios, and SeaWorld.

Much of what is known as “Old Orlando” is in Downtown Orlando along Church Street, but has been increasingly over powered by the Central Business District. You can still find some of the oldest homes in the historic district, complete with Oak trees and brick streets. Suburban neighborhoods such as Winter Park comprise a large portion of the city, and are much quieter alternatives to the hustle and bustle of the business district’s industrialized skylines or the tourist-heavy Greater Orlando area.

Registering Your Car

You have 10 days to register your car in Florida from the date you begin working in the state, or register a child in a Florida school. You must have proof of ownership of your vehicle, verification of your VIN (Vehicle Identification Number), and proof of Florida insurance requirements. You can register your car at any Florida DMV office location.

You have 30 days to transfer your existing out-of-state driver’s license to a Florida driver’s license. To do so, you will need your primary identification, proof of Social Security Number and two documents verifying your Florida address. The Florida DMV issues over 400,000 new resident licenses per year, and advises you to know your requirements and have your documents ready prior to going to the office.

Orlando Schools

The public education system in Orlando is operated by Orange County Public Schools. With 178 schools, a student body of over 175,000, it was the 12th largest school district in the US as of 2009. The schools are divided into six Learning Communities of North, East, West, Southeast, Southwest and Central.

Orlando is also home to notable universities such as University of Central Florida, Valencia College, Seminole State College of Florida, Nova Southeastern University, Full Sail University, Florida Institute of Technology and Florida A & M College of Law.

Orlando Employment

Tourism, film & entertainment and the gaming industry are all crucial to the backbone of Orlando’s economy and the advances in digital innovation. Tourism brings over 50 million people to Orlando each year to enjoy theme parks, eco tours, museums and space center tours.

These multi billion dollar industries help employ much of the workforce in Orlando, which according to the US Census Bureau’s 2011 report, over 1 million workers. Walt Disney World hires over 59,000 employees alone. The unemployment rate for Orlando is on a steady decrease, down to approximately 7.5 percent as of January 2013.

Living Costs in the City

The cost of living in Orlando is about 9.5 percent lower than the national average as of 2012. The average home cost in Orlando is approximately $93,000, and if you permanently reside in Florida, you may qualify for Homestead exemption, which can reduce the taxable value on your home and save you approximately $750 per year.

The average salary earned in Orlando is approximately $41,000, and a one-bedroom apartment can range from $600 a month to $1200 depending on location and amenities. And if you’re not used to the warmer weather, be prepared for a higher electric bill during the summer months – in a one-bedroom apartment, it can range from $100-$200.

You may pay less on housing when moving to Orlando, but be sure to budget for higher food, entertainment and fuel costs. If you’re moving from a northern state, you’ll pay about $0.20 more per gallon at the pump, and more for groceries items that cannot be locally grown or produced.

Orlando Moving Resources

Orlando moving companies and storage companies are eager to help you relocate to your new home, whether you’re moving from out of state or from another county in Florida. Be sure to get estimates from multiple moving services before you make your decision.

Orlando Transportation

Regional transportation in Orlando is provided by LYNX, which constitutes over 2,500 square miles, spanning Orange, Seminole and Osceola Counties. LYNX has a regularly scheduled bus service of 65 routes, with over 5,000 bus stops, according to the city’s public transit website. There’s also an existing rail line system called CXS that serves the tri-county region.

You can also make use of Greyhound, Various Taxi Shuttle services, and Orlando International Airport (MCO) for all flights. Many cruise lines and ships also dock out of Cape Canaveral, 45 minutes away from Orlando by shuttle or city bus.

Culture & Contemporary Life

While Orlando’s claim to fame is the abundance of theme parks, more than anywhere else in the world, it is also steeped in culture from its historical ties to Native American tribes.

From art and history museums, to the philharmonic, ballets and theater companies, has enough to keep your social life buzzing. You can enjoy the Winter Park Playhouse and the Orlando Shakespeare Theater, and you’ll also be in close proximity to the Kennedy Space Center. Many local festivals are held throughout the year including the Orlando International Fringe Theater Festival and the Harriett Lake Festival of New Plays.

Many of your dining and tourist attractions are located on International Drive, also called “I-Drive” by locals.

Orlando is home to the Orlando Magic NBA team, Orlando City USL soccer team, and Orlando Solar Bears ECHL ice hockey team. It has also hosted the NBA All-Star game three times.

Orlando Relocation Tips

If you drive a car, be prepared for gridlock when commuting to work. There will be plenty of out-of-state license plates and charter busses and shuttles on the roads at various hours during the day and night.
Be sure to print directions in addition to using a GPS if you don’t know where you’re going, as many roads and overpasses are under construction and can throw off your GPS.
Although Orlando doesn’t get the brunt of hurricane damage, always prepare yourself with a hurricane kit packed with essentials like batteries, bottled water, non-perishable food items, blankets, outerwear, a first aid kid, toiletries and flashlights.
The Orlando Sentinel is the second-largest circulating newspaper in Florida, subscribe to it to find out what’s the latest in your new city.
Cypress and Palmetto trees are in abundance in the Orlando area, as well as potential unfamiliar wildlife such as armadillos, turtles, manatees and cranes. Don’t go jumping into lakes, because while rare, there can be gators lurking in the waters.

Top-Rated Tourist Attractions in Orlando

Walt Disney World

Walt Disney World is Florida’s most popular family attraction and has been for many years. Magic Kingdom, Animal Kingdom, Epcot Theme Park, and MGM Studios are just some of the highlights that have long entertained children and parents. There is enough to see and do to keep families occupied for days on end. Additions such as Downtown Disney now cater to a more adult crowd, with shopping, restaurants, theaters, and music venues.

SeaWorld

Orlando’s SeaWorld, with its huge aquariums, dolphin and whale shows, touch pools, and extensive list of rides, draws a large family crowd. It also allows opportunities for close up encounters with dolphins and other residents. SeaWorld in Orlando is among the world’s largest marine parks

Universal Studios

Universal Studios offers a look at the film studio of Universal studios, but also offers all kinds of other attractions and entertainment. This combination theme park and working studio was designed in consultation with Steven Spielberg to give visitors an interactive experience with the movies. As a result the attraction is designed to entertain adults and children and draws a large number of families.

There are two different theme parks at Universal; Universal Studios Florida, and Universal’s Islands of Adventure. Each of these offers something a little different. The first offers a look at the studios and Islands of Adventure is where visitors will find theme areas with rides and eye catching sights. Many visitors spend much more time here than they had anticipated.

City Walk, also part of Universal, is a huge entertainment complex, featuring dining, shopping, movies, and other day and night entertainment.

Discovery Cove

Located next to SeaWorld Orlando, Discovery Cove is one of the areas premier attractions. Visitors can experience some of the mysteries of the sea in an island resort setting. Some of the options including swimming with the dolphins, snorkeling along a reef, and wading among stingrays. On land you can relax in lounge chairs in the tropical setting.

Visitors can purchase an all inclusive one day pass but due to the extreme popularity of Discovery Cove you are best off booking a reservation well in advance during peak season.

Address: 6000 Discovery Cove Way, Orlando, FL 32821-6000, United States

Typhoon Lagoon

Typhoon Lagoon is one of Disney’s most popular water parks, with all kinds of slides and rides, a wave pool for surfing, and areas for small children to enjoy themselves. Shark Reef gives visitors an opportunity to swim with leopard and bonnethead sharks, along with sting rays and other fish.

Islands of Adventure

Located at Universal Orlando, Islands of Adventure has five unique islands, each designed in their own theme, complete with rides and various other forms of entertainment.

Orlando Science Center

The Orlando Science Center showcases several branches of science from mechanics to biology and applied technology. There are a variety of themed exhibits. Among the top favorites is “Kids Town”. Kids Town is available to children under 48 inches tall with stimulating interactive exhibits. There are also laser shows and large format films at the Dr. Phillips CineDome.

In addition to the exhibit galleries the Science Center presents touring exhibits from across the country.

Address: 777 East Princeton Street, Orlando, FL 32803-1291, United States

GET THE FACTS ABOUT THE MORTGAGE PROCESS

Free stock photo of landscape, clouds, field, forest

Requirements to Qualify for Today’s Market

Down Payment

Verification of your income

Third Party appraisal

Documentation of all assets

Satisfactory Credit History

During the process of purchasing your home, you will often be in contact with specialists who will utilize beneficial resources to actively pursue your goal of becoming a home owner.

UNDERSTANDING YOUR CREDIT HISTORY AND SCORE: Whether you have a good credit score, or not, you may still qualify for a loan.

THE DOCUMENTATION PROCESS: There are certain forms that you may have to provide such as: W-2, bank statements, tax returns, employment verication etc.

CONSULT WITH A PROFESSIONAL: They will be able to help guide you through the process, establish a spending strategy and determine what you will be able to afford.

MEET WITH YOUR LENDER: After analyzing your income, expenses and fiscal goals, they will help to conclude the mortgage that you qualify for.

COLLABORATE WITH LENDER: Speak to your Lender about the mortgage application and receiving a pre-approval letter. The pre-approval letter ultimately serves as an approximation for the amount that you’re able to borrow (taking into account that your financial status remains static). This proves to home sellers that you’re genuinely interested in purchasing a home.

Research and reaching out to a qualied professional is essential. You have to know and remain committed to sticking to your budget. Lastly, make sure that you are able to take on the Financial responsibilities of a homeowner.

Failure to follow these new rules may result in the delay or termination of your mortgage loan!

As of 2010, Fannie Mae and Freddie Mac instituted a new rule. Lenders are required to verbally re-verify your employment and update your credit report within 10 days of your closing. We must identify and investigate any new debts or credit inquires. Any substantive change from your original credit report to the final one may require explanation and delay the closing.

As you continue through this loan process, please adhere to the following important guidelines:

• NO CASH DEPOSITS – while we do recognize that “Cash is King”, unfortunately in the mortgage lending industry nothing will kill your deal faster than un-sourced cash deposits.

 Moving around large sums of money – even deposits may cause a closing delay. A mortgage requirement is proof of all assets (checking, savings, brokerage, etc.). Current asset statements prior to closing may be required. If required, unusual activity will have to be explained and documented. Explaining and documenting large deposits is a hassle and can create time delays for your closing.

 All transferring of funds must be sourced. This means that we need all bank statements showing funds transferred to and from. Keep this in mind prior to making multiple transfers.

• Do not apply for ANY new credit during the loan process before consulting with us. Common occurrences include – new autos loans or leases, new furniture, trips.

• Continue using your credit cards in your typical manner. Please refrain from abnormal activity.

Don’t make large purchases on existing credit cards or even make large lump sum payments while your loan is in process.

• Don’t quit or change employment without notifying us. Changing jobs may not be against the rules. But if we don’t know about it, the closing will come to a halt. Please let us know of any employment or income changes as soon as you know.

• Zero Percent Credit Cards, Department Store Special Offers, Collection Issues, Credit Disputes,

Big Purchases like New Appliances, Vacations and Christmas are common pitfalls.

Who is responsible for damaged caused by golf balls?

Who is responsible for damaged caused by golf balls?

STUART, Fla. – April 9, 2018 – Question: My condo window was broken yesterday by a golf ball, and the guy who did it admitted to the ball being his and later backed out leaving us to figure if the condo association is responsible or if we are. We seem to have both the golf course and our condo association not wanting to take responsibility for broken windows or damaged vehicles, but the fence isn’t built tall enough or protected with netting to keep the balls off our area.

Thank you in advance for any help you may be able to provide me with. I have heard if the golf course was built first it’s supposed to be the association’s responsibility to cover common areas, and vice versa. – V.A., Stuart

Generally speaking, the association and the golf course are likely going to be protected from liability under your condominium and/or homeowners association documents. Usually, there is language in the documents that provide that owners assume all risks associated with errant golf balls and agree not to make any claims against the association, developer, golf club or any other party other than the golfer who caused the property damage or personal injury.

However, if the issue only began after the course made changes to the design, there is a possibility you may be able to recover your damages and to force the golf course to take action.

This leads us to the next question about the liability of the golfer who hit the offending golf ball. While, ideally, golfers are supposed to contact owners when they cause damage, most do not.

Unfortunately, it is often very difficult to find the golfer who is responsible for the damage and, even if you do, you would have to prove negligence against the golfer and show that he or she failed to use reasonable care. If the golfer is playing “normally” and just hit a bad shot, there may not be enough to prove negligence under most circumstances. Keep in mind that when bringing a claim, the legal burden is going to be on the damaged party to prove the negligence and the underlying facts may not be as clear cut as it might seem at first blush.

If you live along a golf course, your best bet is to check your homeowner’s insurance or auto insurance to see what is covered. Also, depending upon what is in your association documents, you can also inquire from the board about whether you can put up netting or another barrier to protect your home. Finally, you should always check with an attorney experienced in Association law to look at your association documents to give you further advice that is more specific to your community and your personal situation.

Question: I am a new member of my HOA’s board of directors but have never served as a board member. My understanding is that a board member owes the homeowners a “fiduciary duty.” Could you please explain what that means in the context of the work that board members do while acting in that capacity? – R.B. Vero Beach

Answer: Board members of an HOA are there to represent the interests of all of the homeowners who reside in the community. To that end, under Florida common-law, a board member’s duty to act in a manner which is in the best interests of the community creates a fiduciary duty which encompasses the obligations of loyalty to the homeowners, diligence to adhere to the standard of reasonable care which a reasonable prudent director would exercise in the performance of his or her work, and the duty to act with loyalty and good faith to the homeowners.

The term “fiduciary duty” means the duty to act for someone else’s benefit and not your own personal interests. The Florida legislature has incorporated the “fiduciary duty” rule in both the HOA Act and the Condominium Act, both of which expressly state “[t]he officers and directors of an association have a fiduciary relationship to the members who are served by the association.”

The guiding principle that protects Board members from their decisions is the “business judgment rule.” Under the “business judgment rule,” directors are presumed to have acted properly and in good faith and are only called upon to account for their actions when they are shown to have engaged in fraud, bad faith or an abuse of discretion. If the business judgment rule applies, there is a “presumption” that in making a business decision, the directors of a corporation acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interests of the company.

Based upon these legal principles, you, as a board member, are shielded from personal liability as long as the decisions you make are within your “business judgment” and not in conduct that amounts to fraud, self-dealing, or unjust enrichment. In other words, merely making a bad decision or doing something that is considered “negligent” does not generally give to a claim for breach of fiduciary duty even if such negligence caused damage to the association. This is why is important to base decisions based in whole or in part on the advice of competent professionals when at all possible.

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, civil litigation, estate planning and commercial transactions.

Harris B. Katz, Esq., is managing partner, Boca Raton of the Law Firm Goede, Adamczyk, DeBoest & Cross, PLLC.

Introduction To Reading Residential Blueprints

Blueprint Symbols

Blueprints

Blueprints are those rolls of blue paper that construction engineers and architects carry around and pore over at job sites, during technical meetings etc. They are actually white-on-blue reproductions of technical drawings of engineering or architecture designs made using a contact print process on light-sensitive paper, sometimes linen, Mylar or imitation vellum.

Reading blueprints need some degree of getting used to especially for non-engineers or architects. Hundreds of blueprint symbols are used and without any strict international standards, there may be some minor variations to some of them depending on geographical location.

A complete set of blueprints for an entire construction project includes but is not limited to the following types:

Architectural – indicates the master view and details of floor plans

Civil – shows topographic views of all exterior surroundings
Landscaping – shows landscaping views and irrigation. This is sometimes included in the civil drawings.
Structural – indicates dimensions and sizing of structural design with details for steel, joists, concrete, footings, shafts, beams etc.
Mechanical – indicates locations, sizes and specs for HVAC ducts, piping and other equipment.
Plumbing – indicates locations, sizes and specs for all plumbing fixtures, piping and equipment.
Electrical – indicates locations, circuits and specs for all electrical equipment and fixtures.

WIND MITIGATION INSPECTIONS

Florida is well known for all of the damage caused during our stormy seasons. The power of wind can burst open windows, doors, split open walls, creating and increasing uplift forces on the roof. Once the wind breaks open any part of the home, wind and water will enter and damage to the interior escalates dramatically.

Homeowner’s insurance companies offer premium discounts based on a home’s level of wind resistance. These wind mitigation inspections are used to determine whether specific protective reinforcements are in place, therefore decreasing the amount of damage your home may receive during a hurricane or strong storm. A home with these features is less likely to incur costly repairs during a “high wind event” which saves the insurance company money.

What is Wind Loss Mitigation? Mitigation is the act of making a condition less severe. Therefore wind loss mitigation is the act of minimizing loss that might be caused by wind damage to your home.

History Behind the Credits
After the devastating 2004 Hurricane season many Florida based insurance companies were forced to increase premiums due the substantial losses they occurred. The Florida Legislature saw the rising premiums as a problem for Floridians so they agreed that if homeowners made steps to make their homes more secure from wind loss, they should be rewarded by a reduction in insurance premium.

So How Do I Get the Credits?
In order to get credits you must have a Wind Mitigation report completed by a licensed inspector. Many people believe that their Homeowners carrier is responsible for paying for the report, but that is not the case. That being said, the mitigation report usually pays for itself within the first year, with prices ranging from $70 – $125. These prices are typically reduced if you purchase another report from the inspector, such as a 4-point inspection.

Make Sure You Request the 2012 Form!
Most carriers are now requiring that the Wind Mitigation Report to be on the 2012 form. If you have an older form, you will most likely have to get a new mitigation completed to apply for credits.

Premium Credits for Wind Mitigation Construction Features

Roof Age: If your roof was replaced on or after March of 2002, it most likely is eligible for the Florida Building Code of 2001 credit. This code required contractors to use improved construction techniques, thus making roofs sounder.

Roof Covering: Common types include shingles, clay tiles, metal, and built-up-tar and gravel. The key factor in roof covering performance is the method of attachment of the roof covering to the roof deck. This feature must meet or be equivalent to the Florida Building Code which has specific material and attachment specifications which are superior to building practices in the past.

Roof Deck Material & Attachments: The method used to connect the roof decking (plywood, metal panels, etc.) to the roof trusses or rafters. The performance of the roof deck is of critical importance in keeping hurricane losses to a minimum. This is usually achieved by nail fasteners. Nail size, type, spacing, and penetration depth into the truss or rafters determines the uplift resistance of the deck. The difference in uplift capacity of 8d (2 ½”) nails at a typical nail spacing and 6d (2 ½”) nails at the same spacing is a factor of about two times stronger.

Roof-to-Wall: This is another critical connection that keeps the roof on the building and acts to transfer the uplift loads into the vertical walls. This connection is KEY to the performance of the building due to the large negative pressures acting on the roof.

Secondary Water Resistance: Material applied to the roof covering to prevent water from intruding into the structure when the roof covering fails. Roof coverings often begin to peel off in peak wind gusts ranging from 70 to 100 mph.

Roof Shape: Roof shape refers to the geometry of the roof. There are many common roof shapes in residential construction, including gable, hip, and flat (and many possible combinations). Some roof slopes and configurations perform better than others. Moderate roof slopes don’t tend to uplift the roof and push the building sideways and hip roofs provides greater stability during high winds regardless of which direction the wind blows. *A HIP shaped roof receives the largest insurance discount. This may help a protective home buyer consider which home to buy.

Opening Protection: Openings in the wall and roof include windows, doors, sliding glass doors, skylights, and garage doors. Openings are vulnerable to wind-borne debris impacts in hurricanes and other windstorms. The protection of openings is perhaps the greatest single loss mitigation strategy for a building. The reason for this is that once a window or door fails the pressure inside of the structure increases due to the breach in the building envelope. Thus, putting all openings in an overload situation; resulting in additional failures. The inspector is looking for glazed (glass) openings with specific ratings and or shutters protecting them.

UNDERSTANDING TITLE INSURANCE

Life of an Escrow, What is an Escrow?

Escrow Process, TRID Timelines.

THE TITLE INDUSTRY IN BRIEF: Prior to the development of the title

industry in the late 1800’s, a homebuyer received a grantor’s warranty,

attorney’s title opinion, or abstractor’s certificate as assurance of home

ownership. The buyer relied on the financial integrity of the grantor,

attorney, or abstractor for protection. Today, title insurance companies

are regulated by state statute. They are required to post financial

guarantees to ensure that any claims will be paid in a timely fashion.

They also must maintain their own “title plants” which house duplicates

of recorded deeds, mortgages, plats, and other pertinent county

property records.

WHAT IS TITLE INSURANCE? Title insurance provides

coverage for certain losses due to defects in the title that

occurred prior to your ownership. The seller can give only

those rights that previously have been received with

“good title.” Title insurance protects against defects such

as prior fraud or forgery that might go undetected until

after closing and possibly jeopardize your ownership

and investment.

WHY TITLE INSURANCE IS NEEDED. Title insurance assures

the new buyers that they are acquiring marketable title from the

seller. It is designed to eliminate risk or loss caused by defects

in title from the past. Title insurance protects the interest of the

mortgage lender as well as the equity of the buyer for as long as

they or their heirs have any interest in the property.

WHEN IS THE PREMIUM DUE? It is a one-time premium which

is paid at the close of escrow. There is no specific rule as to who

pays for the owner’s title insurance policy; it depends on the

local custom and negotiations between buyer and seller. If there

is a new loan, the buyer usually pays for the lender’s policy. The

policy has a perpetual term and provides coverage for as long

as you are in a position to suffer a loss, up to the amount of the

policy.

In 2015, the Consumer Financial Protection Bureau (CFPB) will implement the new TILA/RESPA Integrated Disclosure Rule (TRID) forms – the Loan Estimate and the Closing Disclosure. These two forms will replace the traditional Good Faith Estimate, Truth in Lending disclosure and the HUD-1 Settlement Statement in most residential real estate transactions. TRID also includes new requirements for the proper timing and delivery of the new forms.

TABLE OF CONTENTS

APPRAISAL An estimate of value of property resulting from

analysis of facts about the property; an opinion of value.

ANNUAL PERCENTAGE RATE (APR) The borrower’s

costs of the loan term expressed as a rate. This is not their interest

rate.

BENEFICIARY The recipient of benefits, often from a deed of

trust; usually the lender.

CLOSING DISCLOSURE (CD) Closing Disclosure form

designed to provide disclosures that will be helpful to borrowers

in understanding all of the costs of the transaction. This form will

be given to the consumer three (3) business days before closing.

CLOSE OF ESCROW Generally the date the buyer

becomes the legal owner and title insurance becomes effective.

COMPARABLE SALES Sales that have similar

characteristics as the subject real property, used for analysis in the

appraisal. Commonly called “comps.”

CONSUMMATION Occurs when the borrower becomes

contractually obligated to the creditor on the loan, not, for

example, when the borrower becomes contractually obligated

to a seller on a real estate transaction. The point in time when a

borrower becomes contractually obligated to the creditor on the

loan depends on applicable State law. Consummation is not the

same as close of escrow or settlement.

DEED OF TRUST An instrument used in many states in

place of a mortgage.

DEED RESTRICTIONS Limitations in the deed to a parcel

of real property that dictate certain uses that may or may not be

made of the real property.

DISBURSEMENT DATE

The date the amounts are to be disbursed to a buyer and seller

in a purchase transaction or the date funds are to be paid to the

borrower or a third party in a transaction that is not a purchase

transaction.

EARNEST MONEY DEPOSIT

Down payment made by a purchaser of real property as evidence