What do you mean I can’t build on my own land

by amyprumo | Aug 15, 2023 | Building in the Florida Keys, Buyer Information

What do you mean I can’t build on my land?

Why can’t I just build on my own land?

If you’re thinking about snagging a piece of empty land down in the Florida Keys with big dreams of putting up your own house one day, hold your horses and do some digging first. It’s not as simple as staking your claim and breaking ground. Nope, before you can start hammering away, you’ve got to jump through a few hoops and nab what the county folks call an “Allocation” or a “Building Right.”

But why the fuss over this “allocation,” you ask?

Well, the Florida Keys have this special status given by Florida itself – they’re labeled an “Area of Critical State Concern.” Basically, this means the state keeps a tight grip on how much brand-new stuff can pop up on these islands. And we’re talking strictly about fresh constructions on empty plots here.

So, what’s the big idea behind all this? The state’s got a simple goal: make sure everyone can hit the road and evacuate within 24 hours if a hurricane comes a-knockin’.

Now, why’s Florida got its nose in how the Keys grow? Couple of reasons. First off, they want to keep that natural beauty intact. Think environment, waterways, and all that jazz. But the real star of the show is people’s safety – that’s priority numero uno.

Back in ’74, Florida dished out a limited bunch of permits for the entire Florida Keys. And they didn’t just sprinkle ’em all over; each slice of the Keys got its own little pile of permits. You got the Upper Keys, Islamorada, Marathon, Big Pine Key and the Lower Keys, plus Key West, all divvied up.

Rate Of Growth Ordinance

Since way back then, the counties and cities in the Florida Keys have been playing a points game when it comes to handing out these building rights. More points mean a quicker ticket to that construction party. They’ve got a fancy name for this points thing: ROGO, which stands for Rate Of Growth Ordinance. Oh, and don’t be surprised if you come across the term “BPAS” – that’s just another name for the same gig, meaning Building Permit Allocation System. It’s like ROGO’s cool cousin.

Oh, and a little tidbit: “allocation” and “building permit” are like best buds down here. Sometimes, you might have the golden allocation ticket (aka the right to build), but you’re still twiddling your thumbs waiting on the actual permit to come through from the city or county bigwigs.

Quick FYI, though – places like Layton and Key Colony Beach are the renegades of this whole ROGO game. They’ve got a pass on that front.

In a nutshell, if you’re eyeing a vacant piece of land in the sunny expanse of the Florida Keys with dreams of crafting your very own oasis, it’s crucial to get your facts straight before you start envisioning the palm trees and hammocks. The process isn’t as straightforward as it seems – you can’t just roll up and start building.

For more information about building a home in the Florida Keys, please reach our to us at – 310-384-5647.

Learn More About Building in the Keys Here

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Prumo & Carden

Amy’s success as a Florida Keys Elite Agent and Diamond Award Winner is truly awe-inspiring. With over 13 years of experience in the real estate industry, she has cemented her position as a trailblazer and pioneer. Her unwavering commitment to excellence is reflected in her impressive academic credentials, which include a Master’s Degree in Marketing and Management. Amy’s marketing programs are simply unmatched, ensuring that your property is showcased to the widest audience of potential buyers, thus guaranteeing maximum exposure.

Tom is an accomplished expert in the Building, Planning, Zoning and Development field, with an extensive career spanning over several years. He has worked in the Civil Engineering Department for the USAF and was the Building Official/Director of Building Planning and Zoning for a municipality for over a decade. Additionally, he is the owner of Alliance Custom Builders, a testament to his entrepreneurial spirit. Tom’s impressive track record includes building homes in both Marathon and Key Colony Beach. He holds twenty licenses through the International Code council, including Commercial & Residential Plan Reviewer and Certified Building Official, cementing his position as a true leader in his field.

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How many ROGO points do you need to build in the Florida Keys?

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Monroe County Home and Adjoining Vacant Lot- Less than Fee Program

by amyprumo | Aug 10, 2023 | Buyer Information, Sellers

LESS THAN FEE PROGRAM –

Do you happen to own both a lovely house and the vacant lot right next door in Monroe County?

We’ve got some great news that might pique your interest – say hello to the County Commission’s “Less than Fee” Program!

So what is the “Less than Fee Program (LTF)?

The LTF program is a voluntary seller program that enables you to sell off the entitlement to construct a home or any habitable structure on your adjacent lot indefinitely to the county. In doing so you will be able to maintain ownership of your neighboring vacant lot and utilizing it for permissible accessory purposes only. These uses include a pool or shed.

Why did the County bring forth this program, you ask?

Well, it all boils down to state and federal regulations. You see, the Monroe County Board of County Commissioners finds itself with a restricted number of residential building permits to hand out. These permits are like gold nuggets for folks wanting to construct houses on vacant lots. The commissioners established the voluntary “Less than Fee” Program with the intention of retiring building rights.

If you’re eligible, the County extends an offer your way. This offer mirrors the most recent Certified Value – Market Land Value (MLV), up to $99,999. In return, you bid adieu to building a home or habitation on your vacant lot, forever.

Four-step journey:

Submit your Less than Fee application.
The County evaluates your property for eligibility.
If you make the cut, an agreement arrives, and a title search takes the stage.
The County Commission gives their nod, and voila! The deed restriction is etched into history.

The County takes care of title search and recording fees, while you might need to team up with your mortgage company. As for your representative, if you appoint one, their fees are on you.

Keep in mind there’s a waitlist and limited funds, so patience is key.

So, dear landowners, if this opportunity appeals to you, don’t hesitate to explore the County’s “Less than Fee” Program and add a new chapter to your homeownership journey.

Resources

Less than Fee Application –

Monroe County – LTF

Contact:

Paunece “Neecie” Scull

[email protected]

305-295-5180.

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How Mitigations and Inspections Can Help You Save Money on Insurance

by amyprumo | Jul 26, 2023 | Buyer Information, Insurance

Save Money on Insurance –Mitigations and Inspections

When it comes to homeowners’ insurance, finding ways to save money without compromising on coverage is a top priority for many homeowners. One often overlooked method to reduce insurance premiums is through Mitigations and Inspections. In this blog, we will explore how wind mitigation, 4-point inspections, and roof certifications can help you save money on your insurance, providing a safer home while potentially lowering your insurance costs.

Understanding Wind Mitigation:

Wind mitigation refers to the process of implementing specific features or improvements to a property that can withstand strong winds and reduce potential damage during hurricanes, tornadoes, or other severe weather events. Many insurance companies recognize that homes with proper wind mitigation features are less likely to suffer extensive damage, leading to fewer claims and lower payouts. Consequently, homeowners who invest in wind mitigation measures are rewarded with insurance discounts.

Common Wind Mitigation Features:

Impact-resistant windows and doors: These windows and doors are designed to withstand the force of strong winds and flying debris.
Roof reinforcements: Strengthening the roof with hurricane straps, clips, or other fasteners can prevent it from lifting off during high winds.
Roof shape: Hip roofs (sloping roofs on all sides) are considered more wind-resistant than gable roofs (sloping roofs with a triangular gable at each end).
Secondary water resistance: Adding a water-resistant barrier beneath the roof covering can prevent water intrusion in case the outer covering is damaged.
Reinforced garage doors: Strengthening garage doors can prevent them from collapsing during high winds.

The Importance of 4-Point Inspections:

A 4-point inspection is a specialized assessment of four key systems in an older home: the roof, electrical system, plumbing system, and HVAC (Heating, Ventilation, and Air Conditioning). Insurance companies typically require this inspection when a home is older than 40 years, or a rental property is older than 30 years.

The 4-point inspection helps insurance companies determine the level of risk associated with insuring an older property. If the inspection reveals that these systems are well-maintained and in good condition, it indicates a lower risk of sudden failures and reduces the likelihood of insurance claims.

Benefits of Roof Certification:

Roof certification is a formal evaluation conducted by a professional roofing inspector to assess the condition of the roof. Insurance companies may request a roof certification, especially for older roofs, to verify their current state and estimate their remaining lifespan.

A roof certification can benefit homeowners in several ways:

a. Insurance discounts: If the roof is in good condition and the certification confirms it, insurance providers may offer discounts due to the lower risk of roof-related claims.

b. Negotiating power: Armed with a roof certification, homeowners can negotiate better insurance rates or coverage terms.

c. Peace of mind: Knowing the roof’s current condition and estimated lifespan can help homeowners plan for future repairs or replacements proactively.

When should you get these inspections done, and who handles them?

Generally, these inspections are conducted during the inspection period of a home purchase contract. As a buyer, you can hire a licensed inspector to inspect the home, and during this inspection the additional specialized inspections can also be performed. It’s essential to note that each extra inspection may require an additional fee.

Conclusion:

Investing in wind mitigation measures, 4-point inspections, and obtaining roof certifications can significantly impact your homeowners’ insurance costs. By enhancing your home’s ability to withstand severe weather and proving that essential systems are well-maintained, insurance companies are more likely to offer discounts, ultimately reducing your insurance premiums. Prioritizing safety and maintenance not only safeguards your property but also provides financial benefits that can lead to long-term savings on insurance expenses. So, take the necessary steps to protect your home and save money on insurance in the process!

Prumo & Carden

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Navigating the Monroe County Local Rider: Essential Aspects for Florida Keys Real Estate Deals

by amyprumo | Jul 19, 2023 | Buyer Information, Sellers

Monroe County Local Rider

In the Florida Keys, we understand the unique and specific issues that can arise in this beautiful region. To address these local concerns effectively, we have incorporated the Monroe County Local Rider into our sales contracts when buying or selling a house.

Unlike the Florida As-Is Contract, which is used throughout the state, the Monroe County Local Rider tailors the contract to reflect the distinctive circumstances that are pertinent to this area. By doing so, we ensure that both buyers and sellers are well-informed and protected against any potential challenges specific to the Florida Keys.

This localized approach allows us to address key factors such as governmental inspections, open and expired permits, the presence of the property on the species focus list, seller financing options, regulations on downstairs enclosures, and considerations for foreign buyers.

Government Inspections

Many sellers prefer to limit the involvement of government inspections on their property. In the “Governmental Inspections” section of the contract, the seller has the option to choose whether they will allow the buyer to conduct governmental inspections during the Inspection Period or not.

The seller can either:

[ ] ALLOW the buyer to conduct Governmental Inspections during the Inspection Period, which means the buyer can involve government authorities in inspecting the property.

[ ] DOES NOT ALLOW the buyer to conduct Governmental Inspections during the Inspection Period. In this case, the buyer must rely solely on private inspection firms and contractors for any necessary property inspections.

By selecting either option, the seller can control the extent of government involvement during the inspection phase, ensuring that any inspections are conducted based on their preference and the buyer’s agreement.

Open and Expired Permits

The Monroe County Local Rider alters the responsibility concerning Open and Expired Permits within the “As Is” Residential Contract for Sale and Purchase. Under this rider, the obligation to address open or expired permits shifts from the buyer to the seller.

It becomes the seller’s responsibility to close any open or expired permits before the scheduled closing date. Should the seller fail to meet this requirement within the specified time frame, the closing can be extended for up to 15 days. Despite the presence of open or expired permits, the buyer still has the option to proceed with the property if they choose to do so.

This shift in responsibility and the possibility of an extended closing period ensures that all necessary permit-related issues are dealt with before finalizing the transaction, promoting transparency and protection for both parties involved in the real estate deal.

Species Focus List – SFA List

The “Species Focus Areas (SFAs)” or “Species Buffer Areas (SBAs)” represent regions with potential habitat for nine federally protected species. These species include the Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail. The identification of these SFAs and SBAs was carried out by the U.S. Fish and Wildlife Service to safeguard and preserve the natural environment and the habitats critical to the survival of these protected species.

Once your property is listed on the Species Focus Areas (SFA) list, it cannot be removed from the list. If your home is already constructed, being on the list usually does not pose a problem. However, potential issues may arise if you plan to make certain changes to the property, such as adding a pool or removing trees. In such cases, you may encounter some restrictions or additional requirements due to the presence of protected species in the area. It’s essential to be aware of these considerations and consult with the relevant authorities to ensure compliance with regulations while undertaking any modifications to the property.

If you are planning to build new construction within designated “Species Focus Areas” or “Species Buffer Areas,” you will be required to undergo the Permit Referral Process. This process involves an additional layer of review during the permitting phase to ensure compliance with the Federal Endangered Species Act. The goal of this requirement is to safeguard and protect the habitats critical to federally protected species and to ensure that new development adheres to environmental regulations to preserve the local ecosystem.

Monroe County SFA

Seller Financing

Absolutely, for buyers considering seller financing, this part of the contract requires close attention. When a seller provides financing, they may waive certain insurance policies that would typically be required of the buyer. Specifically, the seller has the option to waive the following insurance policies:

[ ] Fire

[ ] Windstorm

[ ] Flood

If none of the boxes are checked, it means that the insurance policies are required, and the buyer must obtain them as part of the financing agreement. However, if the seller checks any of the boxes, it indicates that they are waiving the corresponding insurance policies, and the buyer would not be obligated to obtain them. This part of the contract is crucial for buyers to review carefully, as it directly impacts their insurance responsibilities under the seller financing arrangement.

Downstairs Enclosures

For unincorporated areas in Monroe County, there is a specific ordinance (026-2022, Section 122-15) effective from March 7, 2023. This ordinance requires a governmental inspection of downstairs enclosures for properties where construction began on or after June 15, 1973. It’s important to note that Monroe County does not conduct these inspections. However, the ordinance grants buyers the right to pursue a civil action against the seller if the inspection hasn’t been carried out. By acknowledging this, the buyer agrees to waive the civil remedies stated in the ordinance, and any potential issues will be addressed through other means, such as those outlined in the contract or provided by Florida law.

Foreign Buyers

Florida Statutes 2023, Part III of Chapter 692, Sections 692.201 – 692.205, includes regulations that limit and control the sale, purchase, and ownership of specific Florida properties by buyers associated with “foreign countries of concern.” These countries include the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, and the Syrian Arab Republic.

Buying or knowingly selling property in violation of this Act is considered a crime.

To comply with the Act, buyers must provide a signed Affidavit during the purchase process. Both the seller and buyer are encouraged to seek legal advice to understand their obligations and liabilities under this law thoroughly.

Conclusion

In conclusion, the Monroe County Local Rider introduces essential provisions specific to the Florida Keys, offering valuable insights and protections for buyers and sellers in real estate transactions. By understanding and addressing these critical factors, parties involved in property transactions can navigate the unique challenges and opportunities presented in the Florida Keys market, ensuring a smoother and more informed buying and selling experience.

DOWNLOAD a Copy of the Monroe County Local Rider

Prumo & Carden Team

Amy is a highly accomplished and esteemed Florida Keys Elite Agent and Diamond Award Winner, boasting an illustrious career spanning over 13 years in the real estate industry. Her expertise extends beyond real estate, with a background in marketing and sales strategy development, showcasing her versatility and business acumen.

Tom is an exceptional professional with extensive experience in the Building, Planning, Zoning, and Development field. Having served in the Civil Engineering Department for the USAF and holding the position of Building Official/Director of Building Planning and Zoning for a municipality for over a decade, he is widely recognized for his expertise and leadership.

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Who is Responsible the Buyer or the Seller? Permits and Code Violations

by amyprumo | Jul 18, 2023 | Buyer Information

Permits and Code Violations

In the context of Florida Keys Real Estate, the standard contract used is the FAR/BAR “AS IS” contract, which outlines the responsibilities of both the Seller and the Buyer. This contract covers various aspects, including permits and code violations. However, due to the specific conditions and requirements unique to the Florida Keys, a local addendum called the Monroe County Local Rider is often incorporated to tailor the contract to address these localized issues.

As Is Contract

Under the FAR/BAR “AS IS” contract, the Seller is obligated to disclose any Open/Expired Building Permits, Code Violations/Citations, or Cases, as well as unpermitted work to the Buyer. However, it is the Buyer’s responsibility to handle the closure of Open/Expired Building Permits and resolve any active Code Violations/Citations or Cases, with the Seller’s assistance as described in Item 12 (c) of the contract. It’s important to note that the Seller does not have any financial responsibility in this regard.

Monroe County Local Rider

Nevertheless, if the Monroe County Local Rider is checked, it shifts the responsibility to close Open/Expired Permits and resolve Open Code Violations/Citations or Cases to the Seller at the Seller’s expense. The Rider also allows for a 15-day extension to the closing date if the Seller cannot close these issues in time. If the Seller fails to do so within the extended period, the Buyer has the option to cancel the contract or accept the property with the outstanding permits or code violations.

Open/Expired Permits are not considered title defects, but an active Code Violation/Citation is seen as a title defect under Standard 18 A (ii).

Resolve Open or Expired Permits

To resolve Open or Expired Permits, the Buyer must contact the relevant Building Department to determine the necessary corrective actions. Some permits may be closed administratively, while others may require the involvement of the “contractor of record” to open the permit and schedule inspections, possibly incurring additional fees. If the “contractor of record” is no longer in business, or if the unpermitted work needs to be inspected and redone, it could potentially cause delays or property damage. Hence, prompt action and cooperation are essential to avoid any issues during the transaction.

Regarding Code Violations, the Monroe County Code Violations Department or the relevant city department can provide information about the nature of the violation and the required corrective action. There are two categories: Code Violations that are not the subject of a Citation or an active Code Case, for which the Seller discloses but does not need to rectify; and Code Violations subject to Citations, which the Seller must disclose and resolve as a title defect under the “AS IS” contract.

Unpermitted Work

Unpermitted work refers to any improvements made to the property without obtaining required permits from Monroe County or the local governments. The Seller is obligated to provide written notice to the Buyer about such unpermitted work. The “AS IS” contract stipulates that if unpermitted improvements are identified, the Seller must promptly deliver all related plans, documentation, or information to the Buyer and cooperate in obtaining estimates for resolving the permit issues. However, the Seller is not required to bear any financial burden in fulfilling this obligation.

As Is Contract

Monroe County Local Rider

Local Resources :

Monroe County Permits and Code Violations

Islamorada/Village of Islands Permits & Code Violations PH Evelyn Fraley 305-664-6436 or email: [email protected]

City of Key Colony Beach PH 305-289-1212

City of Key West PH: 305-809-3956

City of Layton Permits: PH 305-664-4667

City of Marathon:

Hot Topics

Amy Prumo and Thomas Carden are esteemed local real estate agents renowned for their commitment to exceptional service. They take a proactive approach in serving their clients and customers by meticulously investigating any potential Open/Expired Permits and/or Code Violations/Citations or Cases on the property. Whether they represent the Seller as the listing company or the Buyer, their dedication remains unwavering. Even when they are not the listing company, Amy and Thomas promptly notify the listing agent, ensuring that the responsible party has ample time during the inspection period and financing contingency period to address any issues that may arise. This thoughtful and thorough approach sets them apart, providing their clients with peace of mind and the utmost confidence in their real estate endeavors.

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Florida Keys Flood Plan

by amyprumo | Apr 7, 2023 | Buyer Information, Insurance, Sellers

Florida Keys Flood Plan Management

Florida Keys Flood Plan is under review.

Recently we shared with you the new ordinance that was adopted that effected downstairs enclosures here in the Florida Keys. The new ordinance caused a lot of commotion in the community and as a result the Monroe County Commissioners held a workshop to discuss various aspects of the ordinance.

Here’s what happened at the Monroe County Floodplain Management Workshop.

1. Discussion of the change of the Flood Insurance Rate Map effective date from Jan. 1, 1975 to June 15, 1973. This change would effectively change the status of those homes to pre-FIRM which would have significant impact on rebuilding and on insurance premiums for those homes going forward. The county stated we joined the NFIP (national flood insurance program) in June of 1973 and we should have been using that date all along. Commissioner are asking to go back to FEMA to see if we can keep the Jan. 1, 1975 date since that is what we have been using all this time.

2. Limited construction materials of enclosures below flood in VE and Coastal A Zones to screen or open lattice walls – Commissioners will be asking to amend this to continue to have break away walls and vents.

3. Monroe County Remedial Plan limiting enclosures to 299. This was enacted to help Monroe county come into compliance and be in good standing with NFIP. Commissioners are asking that this be removed and that people be able to enclose more space under their homes.

4. Transfer of Ownership Inspection Program. Again this was part of the requirement to help remedy Monroe County Standing with the NFIP. Inspections are on hold at this time. The public and the commissioner thought that this was an over reach of the government. Commissioners ask if this could be removed.

Monroe County will be going back to FEMA to address the above concerns to see what they can work out. The county stated they will be giving us an update as to when that is and the outcome. However, please note that the changes mentioned above may not happen swiftly, and some of the desired modifications may be affected by the Remedial plan.

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Next Entries »

What do you mean I can’t build on my land?

Why can’t I just build on my own land?

But why the fuss over this “allocation,” you ask?

Rate Of Growth Ordinance

Learn More About Building in the Keys Here

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Includes Local home Inspectors and Insurance compaines

LESS THAN FEE PROGRAM –

So what is the “Less than Fee Program (LTF)?

Why did the County bring forth this program, you ask?

Four-step journey:

Resources

Contact:

Sign up for Our Monthly Newsletter

Save Money on Insurance –Mitigations and Inspections

Understanding Wind Mitigation:

Common Wind Mitigation Features:

The Importance of 4-Point Inspections:

Benefits of Roof Certification:

When should you get these inspections done, and who handles them?

Conclusion:

Prumo & Carden

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Includes Local home Inspectors and Insurance compaines

No Results Found

Monroe County Local Rider

Government Inspections

Open and Expired Permits

Species Focus List – SFA List

Seller Financing

Downstairs Enclosures

Foreign Buyers

Conclusion

DOWNLOAD a Copy of the Monroe County Local Rider

Prumo & Carden Team

Want to stay up to date on all the Market Stats?

Permits and Code Violations

As Is Contract

Monroe County Local Rider

Resolve Open or Expired Permits

Unpermitted Work

Local Resources :

Hot Topics

Find Your Happy Place

Want to stay up to date on all the Market Stats?

Florida Keys Flood Plan Management

Here’s what happened at the Monroe County Floodplain Management Workshop.

Want to stay up to date on all the Market Stats?

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