Green Happiness

“He who plants a garden, plants happiness” is an old saying. However, things have changed a lot nowadays. Today, the proverb could be thought of as “He who plants a garden, plants money!” When it comes to selling a house, landscaping is an important factor that determines the value of the property. Real estate gurus believe that gardens around a house can contribute more than 10% to the total value of the property. Moreover, the houses with attractive gardens, particularly mature trees, are easily saleable when compared to the other houses with limited or underdeveloped landscaping. Investing a little time in tending your garden can really pay dividends when it comes to selling your home.

Enjoying Green

Houses with gardens around them are excellent choices for those who wish to enjoy time outside, while not travelling far to do so. It is always refreshing to open the door and go out into the garden and smell the flowers, plants, and trees. Most of us spend less time enjoying the greenery in public parks and sanctuaries since they are becoming more scarce and because of urban sprawl are often far away. Since most of us will never have a chance to visit the tropical rain forests of Central America why not invest a few dollars and house and have your own piece of nature right outside your door?

Green can be healthy

Plants not only contribute value to the property, but gardens also have great health benefits. The health benefits of gardening are impressive. According to medical experts, gardening is a great exercise for legs, shoulders, arms and neck. Gardening also helps to strengthen the joints in our body. Recent researches indicate that gardening lowers blood pressure, reduces cholesterol levels and also prevents diabetes and heart diseases. Gardening is also an ideal physical exercise for people who want to reduce their weight. Gardening helps to burn fat and as an added bonus, creates some healthy, organic fruits and vegetables for your entire family to eat.

Green in real estate

Based on a recent survey or property owners, it was noted that 95% of residential homeowners and 86% of commercial property owners believe that good landscaping adds more value to their properties. Also real estate brokers around Austin think that merely having a garden is enough to attract the buyers. Moreover, gardening has lots of benefits like offering a healthy body, fresh air, a fresh mind, fresh food, bringing birds, attracting butterflies, sustaining beneficial insects and added value to your property. Finally, gardening and makes your property look its best. So plant gardens around your home and grab the sure ticket to quick and valuable resale!

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Lucy Kelson is a Chief Counsel for the Wade Corporation, one of New York City’s top commercial real estate developers. She’s a brilliant lawyer with a sharp, strategic mind. She also has an ulcer and doesn’t get much sleep. It’s not the job that’s getting to her. It’s her millionaire boss, George Wade. Handsome, charming and undeniably self-absorbed, he treats her more like a nanny than a Harvard Law grad and can barely choose a tie without her help. Now, after one year of calling the shots- …

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In most property management structures there are some list of rules or protocol. This list maybe written, or just in the head of the person at the top of the company. In property management, the bottom line goal is always to make a profit from your property or business. You are also in charge of the overall maintenance and the look and feel of the property. So in property management, what do you do when someone on your team is not fulfilling the rules or responsibilities that you as a property management owner have clearly laid out?

For example, most property management structures do some form of performance management. What is meant by that is that most managers lay out a clear expectation and they follow up to ensure that employees are following those expectations. If you do not have some form of performance management structure within you business, then you are throwing away your money. Some people within your property management structure are not abiding by the rules and are continuing to work for you taking away your profits. Anyway, back to the point. In this example, a company is using performance management through monthly mystery shopping. A mystery shopper came into their business and pretended they were actually looking for something. They were testing the ability to take care of the customer. The goal for this property management structure was to score a 90 percent or higher after they were evaluated by a secret shopper. The top quality associate received a 65 percent.

Remember, this associate is top of line, will soon be promoted, and usually gets the customer taken care of. When confronted with this score, his response was simply, It is better than a 45 percent, which is what he received last time.

If you were in this property management structure what would you do? The associate did not seem to mind that he did not pass his mystery shop and said it was better than his last performance. Would it seem like this associate does not care or that he is looking toward the future and builds off the past?

Just think about it for a moment. In your own property management structure, does someone on your staff perform as the example lists above? Is there an employee that is doing more damage than good in your property management structure? This associate had a stern talking to. That associate has been there for over a year and knows how to take care of customers. The associate was upset at first and then realized that he knows what he is doing, but chose not to do it. So when you are trying to performance manage your staff on your property, make sure that everyone knows what their job responsibilities are. Then from that point on, your staff is just choosing not to do their job versus not knowing how to do that job. If they continue to choose not to do their job, then that is when they are promoted to customer.

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As a small business owner, it can be very challenging to grow your business, remain profitable, and maintain a balance in life with your family. Some property managers can manage 50-100 properties without the need of a full time employee or commercial office.  However, once the portfolio exceeds 100 units, an owner needs to consider hiring an employee and opening a commercial office.

One of the best decisions I ever made was to purchase an office condo. As a property manager and landlord, I don’t mind having mortgage debt as long as someone else pays the mortgage. Why not apply the same concept with a commercial office.

I own two separate commercial office condos that are about 1,000 sqft. each. We sublease 50% of the space to our mortgage broker, attorney, and real estate sales agents.  Our office condo has a dedicated conference room, and a shared reception area, bathroom, and kitchen. Our tenants use the conference room by appointment, and we offer free usage of our fax machine, printer, and digital scanner/sender. Hi-speed internet is included, and our tenants setup a separate phone line or VOIP system through our internet connection. Our phone system also supports multiple companies with separate business lines offering full voice mail and voice attendant.

The monthly cost of renting an office will vary in cost depending on location and your local market. Renting an equivalent office in our market would cost $1,500-$2,000 per month after paying rent, internet, phone lines, and utilities. If the lease is a triple net lease requiring you to pay property taxes, it can be even more costly.

There is a huge demand for small business owners needing to lease a small commercial suite to conduct business or meet customers. Many small businesses can’t afford the overhead cost of leasing a larger office. Many businesses compliment a property management firm. Consider subleasing to a real estate attorney, sales agent who works with an investment group, insurance agent, mortgage broker, or contractor.

Renting office suites to small business owners is extremely profitable. We rent each suite for $400-$500 per month. Both office condos cash flow several hundred dollars each. Not only does this give me a free office, but I plan to use the yearly cash flow to payoff the mortgages within 10 years.

If you partner and sublease with a small business owner, consider sharing employee costs.  You may be able to cross train a receptionist or assistant to help you and your tenant partner. This can reduce your overhead cost, until your business grows enough to support the cost of a full time employee.

My business has grown, and I now have several employees. Leveraging my office condo helped me manage my overhead and make the transition from a home office to commercial space much easier. I still work at home, but my staff members answer calls, draft leases, and handle all maintenance and accounting, etc. This has provided the best balance for my business. Now, I can actually take a vacation. Before I had an office and a team of resources, it was impossible to take a vacation.

Owning your commercial can make your business more profitable, if you sell your business in the future. You could package the business and office together for sale, or sell the business only and keep the office and lease to new owner. Both scenarios are attractive offerings to a future buyer.

I encourage property managers to consider making the investment to purchase an owner occupied office and sublease to business professionals. Not only can you have a free office, you may generate business leads from your business tenant relationships.

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When it comes to buying property, Costa Blanca is a fantastic location for property investment as it has a perfect combination of awe-inspiring natural beauty and a cultural legacy. Costa Blanca is well known for its resorts such as Benidorm and Elche, the palm tree capital of the world. Golf lovers flock to the area to enjoy year round golf thanks to a climate that provides over 300 sun filled days a year. Food connoisseurs enjoy meals that have been influenced by Costa Blanca’s Moorish agricultural past and rice is a main ingredient in many dishes, which includes the famous paella. Many people enjoy a glass of fine wine produced in the area, to compliment their food.

Besides being one of the most beautiful and sought after destinations, Costa Blanca has many different types of properties that are suitable for most people’s budget. Buying property in Costa Blanca is all about location, location, location. If you have a large budget, then properties along the seafront would be ideal as they tend to be more expensive then else where. Seafront properties are known as real estate paradise as they are sought after areas with holiday makers and the properties can bring in some healthy rental income for the entrepreneurial property investor. If you are looking for a property as a rental income, it is advisable to choose one that has some beautiful natural sights and is near attractions like a Water Park and an Animal Park. Being located near a shopping mall and public transport can also increase your asking price for rent, and add value to your property when it comes to reselling.

For some property investors the seaside properties are too expensive, so they are traveling inland where the property prices are easier on the pocket. This is proving to be a popular choice for people relocating to Spain as not only are property prices cheaper, but the way of life tends to more ‘Spanish’ then places along the seafront that have had a heavy British influence for many years.

Once you’ve decided you’re going to buy a property, set a budget and stay with it.

In Costa Blanca property prices vary with the seasons. Therefore, when you are buying property in Costa Blanca consider the time of year as the off-peak season can provide you with property that is cheaper than at the height of the tourist season. Visit the property at least twice before you make a decision, and visit it at different times of the day. Talk to the neighbours about the area and listen carefully to what they say. Also check what amenities the property has, such as electricity, water and gas, so you don’t have any surprises once you’ve bought the property.

Having some knowledge of the property market in Costa Blanca is an important aspect to consider when buying property as the market is different than the UK. For example the buyer is liable for a transfer tax (IVA) and the rate is dependent on whether the property is a new build or a second-hand property. There are online service providers providing legal advice as well as up-to-date details of available real estate. Confirmation of the reputation and knowledge of the real estate consultant is a must to ensure reliable information about the property you want to buy. It is also important to have a legal advisor to check ownership of the property and any outstanding debts on the property before you sign any paperwork.

In conclusion, if you are looking for an overseas property investment, buying property in Costa Blanca has a lot to offer investors –great weather, popular with tourists, rich with culture, and different types of properties to suit all budgets.

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TIC transactions have exploded in popularity over the past few years, and are now a hot topic among commercial real estate professionals. A TIC Agreement is used to establish the rights of people who own property together but who are not married. This is a very important agreement because without it there would be no legal obligations on the property and various liabilities and loss could occur as a result.

TIC: Property Management and Asset Management

Just as with all other real estate investments, there are certain possible risks that come along with the TIC investments. Because of this it is important that all investors and potential investors are sure to carefully review all materials related to these investments before going through with it.

In particular potential investors should be aware of the restrictions on transferring TIC interests. There are many different tax risks and tax issues that are involved and TIC: property management and asset management needs to be properly understood by a person considering it.

For one, there is no absolute guarantee that cash distributions will continue with a TIC, and so TIC: property management and asset management obviously needs to be taken very seriously because otherwise serious financial drawbacks may occur.

There is also the potential for foreclosure with this investment, as any and all financed real estate investments do have the potential for the possibility of foreclosure. There are things that can be done in order to alleviate the foreclosure risk or at least some of it, but it is important that you take the necessary steps to do this.

Also on the topic of TIC: property management and asset management, there is the potential for having an illiquid investment, which is easily one of the most major advantages. Illiquidity is a common feature of alternative investments, but the diversity of hedge fund investments.

It is important to discuss any investments including a TIC: property management and asset management that you are considering with a qualified and experienced tax consultant first, so that they can assess your current situation and help you to really decide whether this is going to be a wise decision for you at this point in your life.

It is imperative that you be understanding of the investment and of what you stand to lose, because if you go into anything without being fully knowledgeable on it, especially when it has to do with your finances, you are putting yourself at great risk.

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If you look at the most stressful events in a person’s life, buying a home is on the top ten list. After all, it’s a big decision – both emotionally and financially. Many home buyers go through an anxious period after they’ve arranged for their mortgage and get ready to move into their new home. Knowing you’ll get a pocketful of cash would sure help, wouldn’t it?

That’s a big part of the attraction of cash-back mortgages. A plump cheque is a psychological boost to home buyers who have just made one of the biggest financial commitments of their lives. As mortgage brokers, we like to work with our clients to ensure that they look beyond the temporary “feel good” of the cash, and weigh their options wisely.

Remember that the cash-back option comes with a trade-off: if you choose not to take the cash back, you can get a lower interest rate. Over time, you could see substantial savings in interest payments.

So, start with the most important question: What will the cash be used for? Is this purchase a priority, and is it worth the difference in the rate? Perhaps you have a plan to take advantage of the cash-back to purchase the household appliances for your new home. The extra $3,000 for new kitchen or laundry appliances may be an urgent immediate need and a higher priority overall than the lower interest rate for your mortgage term.

But here is the second question to discuss with your mortgage broker: What will be the impact of the rate difference over time? You’ll need real-life figures to work out the details for your personal situation, but let’s look at an example*:

Let’s say that your cash-back option pays 1% of the mortgage amount on a two-year deal, 3% on five years, and 5% cash back on a ten-year closed mortgage. And let’s assume that you’re looking at borrowing $100,000 for a 5-year term, amortized over 25 years. Not long ago, you might be looking at the difference between cash back and a rate of 6.60%, or a discounted interest rate of 5.29%.

So what’s the bottom line? Your cash-back option would give you $3,000 up-front, but over your 5-year term, you would pay a little over $6,300 more in interest costs than you would have with the discounted rate. The exact cost of the cash-back option in this example is $3,330.44 – paid out over 5 years.

Is that a good deal? It depends. Did you get the much-needed appliances for your home… or use the funds to manage a high-priority expense? Then you probably got good value from the option. If – five years later – you can’t remember where the money went, then perhaps you didn’t make the best trade-off.

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There are many stresses associated with home buying – both financial and emotional. And frankly speaking, it doesn’t help that the process comes with its very own foreign language. While your mortgage broker can help de-mystify these terms, it helps to have a bit of a primer on what some of these terms mean. After all, it’s your money and your home we’re talking about; as a Mortgagor, you have a right to understand what you’re reading. (You didn’t know you were a mortgagor? Read on…)

We’ll start with Amortization” and “Term”. Both refer to periods of time in the life of your mortgage, and you’ll want to be sure that you understand the difference.

The amortization” of your mortgage is the length of time that would be required to reduce your mortgage debt to zero, based on regular payments at a specified interest rate. The amortization period is typically 15, 20 or even 25 years, although it can be any number of years or part-years. You could establish that you are able to make a certain payment each month of say $950 for your $130,000 mortgage at 5.5%. In this case, your amortization period will be just under 18 years. Or you could tell your broker that you’d like to be mortgage-free in just 10 years. With an amortization period of 10 years at the same interest rate, your $130,000 mortgage will cost you about $1,407 per month. That’s a tougher monthly payment, but you would save thousands of dollars in interest. (More than $35,000, in fact.) As you arrange your mortgage, then, keep in mind that your amortization period may be fairly long — although the shorter you can make it, the less you’ll wind up paying for your home in the long term.

The “term” of your mortgage will typically be shorter. The “term” is the duration of your mortgage agreement, at your agreed interest rate. This will be a very specific length of time, although you will have several choices. A 6-month mortgage is a very short-term mortgage. A 10-year mortgage will be one of the longest terms, generally with a higher rate of interest to represent the higher degree of uncertainty in the economic outlook. After your mortgage term expires, you will need to either pay off the balance of the mortgage principal, or negotiate a new ontario mortgage at whatever rates are available at that time.

Now, back to the term “Mortgagor”. This is one of three very similar terms: “Mortgagee”, “Mortgagor”, and “Mortgage”. A Mortgagee is the lender of the money: a bank, company, or individual. A Mortgagor is the borrower: the person or persons (or company) that is borrowing the money, and who will pay it back to the mortgagee. The Mortgage, of course, is the legal document that pledges the property as a security for the debt.

Still confused? Speak with a mortgage professional. Get the best mortgage suited to your needs and all your questions answered in plain talk.

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David Kellermann, the acting chief financial officer of mortgage giant Freddie Mac, was found dead at his home in Reston, Va. in what police said was an apparent suicide. (April 22)

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Buying a property in Greece can be one of life’s most exciting experiences – and one of the most challenging, so have you really thought about what’s involved? Have you done your homework, research and planning? A little forward preparation will help you achieve your goal of successfully living in Greece. It’s much better than leaving the purchase of your Greek property to chance.

One of the most common mistake people make when buying a property in Greece is to presume that the laws and property purchase procedures are the same in Greece as they are in their own country.  They most certainly are not!  Many people, who would like to buy a property in Greece, find that the Greek property market appears to be a daunting experience. At first the Greek property purchasing process seems to be a very complicated one, but, approaching the undertaking of buying a property in Greece step by step shows that it is easily achievable.

Purchasing property in Greece is generally safe, although it is wise to obtain legal advice and follow the rules provided for your protection.  People that choose to ignore such procedures often do so at a financial cost.

If you have decided to buy a property in Greece there are a few fact you should know about before you buy your own property in Greece.

1. THE COST OF BUYING PROPERTY IN GREECE: When buying a property in Greece add at least 15 per cent of the purchase price for fees and taxes, including a property-transfer tax of 7 to 11 per cent. Lawyers fees 1-2%, other expenses approximately 1% for notary fees and land registry. Local municipal tax or community tax is currently calculated at 3% of the property purchase tax and is paid together with the property purchase tax. Annual taxes are payable in Greece on properties owned over the value of 200,000 Euros. The valuation of properties is carried out by the government which provides published values, announced for every type of property. This is known as the government objective price.

2. SETTING UP A BANK ACCOUNT: All transactions are conducted in Euros. You will need to set up a Greek bank account to pay for your legal advice, transfer money and pay bills. There are foreign exchange brokers that can transfer large amounts to Greece according to the business rate. Payment of utility bills can be set up very easily by direct debit via the bank, and money can be transferred online. To open a bank account you will need your passport and a utility bill with you address on it.

3. THE “PINK SLIP”: The all important ‘pink slip’ for wire transfers of money from abroad. If the property buyer cannot justify the amount of money they have spent, the Greek tax authorities will assign it as unreported income and the buyer will be assessed income tax.

4. THE AFM NUMBER: All buyers of property in Greece must have a Greek tax roll number (AFM) which is issued by the tax offices. It’s free and issued on the spot. Greek and EU citizens must show their ID card. Foreigners living in Greece are required to present their passport or another valid document of identification and their residence permit. Greek and foreigners who permanently reside abroad can also apply for an AFM. They must submit the application to a special tax office located at 18 Lykourgou St, Omonia

5. LAWYERS (‘DIKIGOROS’): It is essential to get an English-speaking lawyer. The British Consul’s provides a list of recommended lawyers, Tel 0030 210 369 2333. Beware of buying a property that belongs to more than three family members. And you will need a substantial file as you need to have photocopies of everything. The lawyer conducts the title search at the relevant land registry.

6. PUBLIC NOTARY (SYMVOLEOGRAPHOS):  The notary public is independent of either the seller or the purchaser. He draws up the contract for transfer of property and the various terms and conditions contained therein. If you do not speak fluent Greek an official translator must be present for the reading and signing of the contracts and a small fee will be paid by you.

7. REAL ESTATE AGENT: The Real Estate Agent’s fees are usually paid by the seller and the buyer.  The exact amount of commission is a matter between the agent and the client. All expenses for the conclusion of the final contract, including the tax on property transfer will be borne by the buyer. Each party will pay the fees of their legal representative who must be present at the signing of the contract; this is required by Greek Law. 

8. A CIVIL ENGINEER (‘POLITIKOS MICHANIKOS’); may be hired to review a specific plot and to ensure the property’s boundaries are within the description in a title document. They can also be consulted regarding specific building restrictions in place in your chosen area.

9 HOLIDAY HOMES: A common error made by many people is to over estimate rental potential. Do not count on holiday lettings for your property to tourists during the months you are not there. In the last two years there has been a decline in tourism in most parts of Greece, and income from letting property has declined with it. To let out rooms legally, you must have a license from the Greek Tourism Board.  You must also fulfil fire and safety regulations, and you must pay tax on this income. Authorities are having a clamp down on illegal lets, and fines are enormous!

10. INSURANCE: Whether you intend using your property for holidays or as a permanent residence it is wise to make sure your home is properly insured. You can arrange insurance through a reputable UK broker or your Greek Bank.

Whether you are planning to buy a villa, village house or an apartment, I hope this information will help you avoid some of the pitfall of purchasing a property in Greece and that your path will be smooth, bringing forth many happy years in your new Greek home.

Good luck!

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All across Canada we’re seeing the recreational property market continue to go through the cedarshingled roof. Industry experts predict another year in which buyers seeking a property may outnumber the recreational properties available. The boomers are in their peak income years and have benefited from an unprecedented climb in the valuations on their primary homes. And across the country, they’re scouring every lake, ocean beach and ski slope – looking for the perfect getaway.

When cottages first became the vogue around the turn of the last century, those getaways were generally charmingly rustic structures designed to give their owners a taste of a simpler way of life for the summer season. But today, recreational property markets are reporting a stunning increase in teardowns and renovations – as rustic simplicity gives way to luxury accommodations. Today’s recreational property mix covers the gamut from luxury waterfront homes, resort-style condominiums, ski chalets and timeshare properties. Many of the traditional-style cottages are still standing, of course… and they sell for top dollar

on the rare occasions that they actually come on the market.

But more and more average Canadians have cabin fever: they’re looking for a recreational property both as an investment and an enhancement to their own lifestyles. And for many, the goal is achievable: we’ve seen historically low mortgage rates over the last few years – and greater affordability for ordinary Canadians. But financing a recreational property is more challenging than funding a principal residence. Traditional lending institutions typically find second homes a much less desirable investment. Purchasers are often advised to take out an equity loan or a second mortgage on their principal residence in order to buy the recreation property.

But the lending landscape has been changing in the past few years. We are beginning to see that some lenders have developed flexible new mortgage products and policies that are specifically designed for the recreational property market. The upshot is that Canadians who are longing for that cottage or condo may now be able to bypass conventional lending criteria – opening the door to ownership much sooner than they imagined. Recreational property mortgages are available for owner-occupied second properties, including winterized and nonwinterized, with as little as 15 per cent down for purchasers with good credit. And in some cases, 10 per cent down could get you into the recreational property market if you qualify. Typically, the vacation property needs to be located in a known vacation area, have approved plumbing, and year round access.

And do your homework. In today’s heated recreational property market, some purchasers have an edge in the marketplace because they are cash buyers. To level the playing field, buyers who are financing their purchase may want to consider talking to a professional to determine approximately how much they qualify for before launching their search.

For some, recreational property is an attractive investment, with rentals providing an extra income stream. But the allure is usually more emotional: a cottage or condo often becomes a symbolic centre for family life, where families come together at all ages and stages in their lives to share common activities and traditions.

If you’re dreaming of your own beach sunset or the perfect ski slope at your door, begin with a conversation with a mortgage professional. Your own getaway could be closer than you think!

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They were able to scrape up the money they needed to pay it off, but they are still pretty strapped and 1 month behind on their mortgage.

The question is, they want to sell their house to downsize to a less expensive home that is more affordable, but their credit is basically shot. If they sell their house and try to buy a less expensive one will they be able to get a mortgage with their history?

Please be respectful, this is a genuine question that needs knowledgeable answers. So only reply if you have good advise. Thank you.
sorry, one more thing. they would be putting about 20% down on the next house, would this help the percentage rate?

Property taxes are one of the largest line item costs incurred by apartment owners. However, many owners do not appeal effectively. Even though owners realize that property taxes can be managed and reduced through an appeal, some view taxes as an arbitrary estimate provided by the government which can’t effectively be appealed. It tends to boil down to the old adage, “You can’t fight city hall”.

Fortunately, the property tax appeal process in Texas provides owners multiple opportunities to appeal. Handled either directly by the owner or by a property tax consultant, this process should involve an intense effort to annually appeal and minimize property taxes. Reducing the largest line item expense has a significant effect in reducing the owner’s overall operating expenses. While it is not possible to entirely escape the burden of paying property taxes, it is possible to reduce taxes sharply, often by 25% to 50%.

Why some owners don’t appeal

Some property owners don’t appeal because they either don’t understand the process, or don’t understand that there is a good probability of achieving meaningful reductions in property taxes. Some owners believe that since the market value of their property exceeds the assessed value, then it is not possible to appeal and reduce the property taxes. Although appeals on unequal appraisal are relatively new, there is a clear-cut way to appeal property taxes at the administrative hearing level based on unequal appraisal. Unequal appraisal occurs when property is assessed inconsistently with neighboring properties or comparable properties. Also, some owners are reluctant to hire a property tax consultant, even though many consultants will work on a contingent fee basis, in which there is no cost to the owner unless property taxes for the current year are reduced.

Overview of appeal process

The following are the primary steps in the annual process for appealing property taxes:

· Request notice of accessed value
· File an appeal
· Prepare for hearing
. Review records
. Review market value appeal
. Review unequal appraisal appeal
· Set negotiating perimeters
· Administrative hearings
· Decide whether binding arbitration or judicial appeals are warranted
· Pay taxes timely

Requesting a notice of assessed value

Property owners have the option of requesting a notice of assessed value for their property annually. Section 25.19g of the Texas Property Tax Code provides the owner the option to request a written notice of the assessed value from the chief appraiser. Owners benefit from requesting and receiving a written notice of assessed value for each property because it ensures they have an opportunity to review the assessed value. This notice should be sent on an annual basis. The appraisal district does not have to send a notice of assessed value if the value increases by less than $1,000. However, if an owner was not satisfied with a prior year’s value and the value remained the same, the appraisal district probably will not send a notice of the assessed value for the current year. In this situation, the owner might forget to protest since a notice of assessed value for the property was not received.

How to file and appeal

On or before May 31st of each year, the property owner should file an appeal for each property. However, while many owners are comfortable with an assessed value, in many cases there is a basis for appealing. Two options for appealing include:

unequal appraisal, and
market value based on data the appraisal district provides to the owner before the hearing.

You can appeal by completing the protest form provided by the appraisal district and indicating both excessive value (market value) and unequal appraisal as the basis for appeal. In addition, the property owner can simply send a notice that identifies the property, and indicates dissatisfaction with some determination of the appraisal office. The notice does not need to be on an official form, although the comptroller does provide a form for the convenience of property owners. (You can access the protest form at www.cutmytaxes.com .)

House Bill 201 – helpful information

House Bill 201 is the industry jargon for a property owner’s option to request information the appraisal district will use at the hearing, and to receive a copy 14 days before the hearing. The name House Bill 201 is derived from the bill used to enact the law. The details for House Bill 201 are located in sections 41.461 and 41.67d of the Texas Property Tax Code. When filing a protest, the property owner should additionally request in writing that the appraisal district provide a copy of any information the appraisal district plans to introduce at the hearing. The appraisal district will typically require the property owner to come to the appraisal district office to pick up the information and charge a nominal fee, typically $0.10 per page. While the cost for House Bill 201 requests are quite low (typically $0.50 to $2.00 per property for residential and commercial) the information is invaluable in preparing for the hearing. In addition, filing a House Bill 201 request is important because it limits the information the appraisal district can present at the hearing to what was provided to the property owner two weeks before the hearing.

Preparing for the Hearing

Start by reviewing the appraisal district’s information for your property for accuracy. If the appraisal district overstates either the quality or quantity of improvements, this will justify a deduction. The next step is to review the information on market value and unequal appraisal provided by the appraisal district in the House Bill 201 package. If the subject property is an income property, review the appraisal district’s income analysis versus your actual income and expense statements. Consider the following areas as opportunities to rebut the appraisal district’s analysis:

· Gross potential income
· Vacancy rate
· Total effective gross income, including other income
· Operating expenses
· Amount of replacement reserves
· Net operating income
· Capitalization rate
· Final market value

Many property owners and consultants start with the actual income and expense data, and use one or two of the assumptions provided by the appraisal district. However, they primarily utilize information from the actual income and expenses in preparing their own income analysis and estimate of market value for the subject property.

When comparable sales are the primary issue in determining market value, start by reviewing the comparable sales data provided by the appraisal district versus the assessed value for your property. Convert the sales prices from the appraisal district to either a per square foot or per unit basis. Then compare the sales to the per square foot or per unit assessment for your property. Sales can be helpful during the hearing.

The cost approach is not typically used in the property tax hearings except for brand new or relatively new properties. If your property is new, the appraisal district will probably want to review the cost information and you probably won’t want to show it to them. In many cases, the actual cost of a property is higher than the estimate provided by the appraisal district. If this is the case, you will likely want to appeal on unequal appraisal instead of on market value. No matter how good your argument or how passionately it is expressed, the appraisal district staff and Appraisal Review Board (ARB) members tend to believe that cost equals value for new properties.

Deferred Maintenance and Functional Obsolescence

Another issue that is important for the market value appeal, and to some extent for a unequal appraisal appeal, is information on deferred maintenance and functional obsolescence. Deferred maintenance could include items such as:

· rotten wood
· peeling paint
· roof replacement
· substantial repair
· landscaping updating and other similar items

Most appraisal districts give minimal consideration to requests for adjustments based on deferred maintenance, unless the property owner provides repair costs from independent contractors. There are some exceptions where a cooperative informal appraiser or sympathetic ARB will take an owner’s estimate of deferred maintenance and make adjustments based on those costs. Most appraisers and ARB members are much more inclined to make adjustments if third-party cost estimates are provided. In addition, the appraisers and many ARB members are inclined to only deduct a portion of the total cost using the argument, “we’ve been giving a replacement reserve allowance for this item for the past years and it’d be double-dipping to deduct the whole value off it in the current year.” While this is an incorrect appraisal argument, it does tend to be the practice at many appraisal districts. The reality is, the cost of curing deferred maintenance is deducted from the offer by a prospective buyer.

Examples of functional obsolescence would be a three-bedroom apartment unit that only has one bathroom, or a two-bedroom apartment that does not have washer/dryer connections in an area where those connections are common. Another example would be an apartment that has a window air conditioner in an area where central HVAC is typical and expected.

Unequal appraisal analysis

The Texas Property Tax Code, section 41.43(b)(3), provides for appraising or appealing on unequal appraisal including ratio studies and “a reasonable number of comparable properties appropriately adjusted.” Virtually all unequal appraisal appeals involve a reasonable number of comparables that are appropriately adjusted. Comparables are similar properties.

This is primarily because of the difficulty and cost of performing a ratio study. Historically, the position of many appraisal districts was that the property owner needed to get a fee appraisal for each comparable property and compare the market value estimated by the appraiser to the assessed value. The cost of getting multiple appraisals made this process financially impractical. Compiling a reasonable number of comparables appropriately adjusted is simple and straightforward. The first step is to choose a reasonable number of comparables. Usually four to five comparables is the typical number used at a property tax hearing, but in some cases, property owners choose ten to thirty. In some cases, there may only be one to four comparable properties that merit consideration. Most unequal appraisal presentations include three to ten comparables. The number of reasonable comparables depends on the location, type, size and age of the property. For example, there would be fewer five-year-old bowling alleys in the northern part of Harris County compared to recently built apartment complexes.

After choosing a reasonable number of comparables, array them in a table format, including fields of data such as account number, net rentable area, year built, street address, assessed value and assessed value per square foot.

The next step is to determine whether or not to make appropriate adjustments. For the administrative hearing, if you have truly comparable properties, most boards (appraisal review board or ARB) won’t be concerned with you not making adjustments. If you make adjustments, those would typically be based on factors such as differences in size and age compared to the subject property.

You should also review the information in the appraisal district’s House Bill 201 packet on an unequal appraisal. In many cases, the appraisal districts unequal appraisal analysis will document a reduction in your assessed value! If the appraisal districts unequal appraisal analysis documents a reduction, either the informal appraiser or the ARB should make the adjustment in assessed value for you. Having the opportunity to get an assessed value reduced automatically based on the appraisal districts unequal appraisal analysis is one of the reasons to appeal every property every year.

Completing Hearing Preparation

After reviewing the appraisal district’s information on your property, the House Bill 201 package, and your market value and unequal appraisal analyses, determine the strengths and weaknesses of each approach and decide which basis of appeal provides the best opportunity for a meaningful reduction. Although appeals on unequal appraisal have clearly been the law of the land since 2003, some appraisal districts and review boards have chosen to disregard the option for unequal appraisal put forth by the Texas Legislature. Although there is litigation underway which should resolve this issue within the next year, it would be prudent to visit someone who is knowledgeable in local property tax appeals to determine whether the county appraisal district and ARB in your area are considering appeals on unequal appraisal.

Set Negotiating Perimeters

After reviewing the information, it is important to set the highest level of assessed value you will accept at the informal hearing because after you accept an assessed value, the appeal process will be complete for the year and you will not be able to appeal further.

Administrative Hearing Process

The two steps to the administrative hearing process are the informal hearing and the appraisal review board hearing.

The Informal Hearing

The following procedure and rules are typical at the informal hearing:

· Meet with an appraiser representing the appraisal district. You should be polite and prepared at this meeting. While many property owners are frustrated and angry at the high level of real estate taxes, the appraisal district appraiser does not control the tax rate set by various entities nor the policy regarding property taxes in the area or the state. The appraisal district appraiser is trying to execute his job in a professional manner and appreciates it when property owners work with him on that basis.

· Provide the appraiser information on your property and he will review that information and information he has available.

· The appraiser will likely make an offer to settle the assessed value of your property fairly quickly. You can either accept the value or negotiate further. Either way, you should know within ten to twenty minutes whether the appraiser will offer an acceptable value. If the value is acceptable, conclude the negotiation by agreeing to the value for the current year. If the value offered is not acceptable, ask to go forward with an ARB hearing.

Appraisal Review Board Hearing (ARB)

The ARB hearing panel consists of three impartial citizens selected and paid by the appraisal district. The age of most ARB members ranges from fifty to eighty. There is an unfortunate bias in the system since the ARB members are selected and paid by the appraisal district, but most ARB members are reasonable people who want to make appropriate decisions.

Like the appraisal district appraiser, the ARB does not set tax rates or tax policy. The members are also not responsible for the effectiveness of local government. It is unlikely to help your case if you complain to the ARB members about either the high level of property taxes or the poor quality of some aspect of local government.

The ARB will expect you to make your presentation in about three to ten minutes. They will typically wait patiently while you make your presentation and may have questions after you conclude. An appraiser from the appraisal district, who may or may not be the same person who attended the informal hearing, will represent the appraisal district at the ARB hearing. The appraiser will comment on the evidence you presented and will often present other information the appraisal district has available. If you requested a House Bill 201 package for your property, it substantially limits the evidence the appraisal district appraiser can offer at the hearing. The ARB members may have questions after the appraisers presentation. Then the property owner will be given a final opportunity to rebut evidence presented by the appraisal district appraiser and quickly summarize the evidence. The ARB members strongly prefer you not repeat your entire presentation at this point.

After hearing the evidence, the ARB members will confer and make a decision. This decision is not subject to negotiation and they will not revise the decision if further evidence is presented. When this decision is announced, the hearing is effectively over. The ARB will send a letter two to four weeks later summarizing their decision and notifying the owner of a 45 day limitation from the date receipt of the ARB decision to either request binding arbitration or file a judicial appeal.

Binding Arbitration or Judicial Appeal

Beginning September 2005, owners of properties with an assessed value of $1 million or less may file a request for binding arbitration. The owner must file with the appraisal district no more than 45 days after receipt of the notice of the ARB’s decision. The binding arbitration option is interesting because it includes a loser pays provision. The appraisal district pays for the arbitrator’s fee if the final value is closer to the owner’s opinion of value, and the owner pays for the binding arbitration if the final decision is closer to the appraisal district’s opinion of value. Binding arbitration was passed to provide an alternative to judicial appeals, which can be expensive to prosecute.

Many owners pursue judicial appeals to further reduce property taxes. In 2005, O’Connor & Associates filed over 1,200 judicial appeals on behalf of property owners in the state of Texas. The judicial appeals can be expensive if the property owner and attorney don’t understand the process and have a plan in place to minimize the cost of legal and expert witness fees. Judicial appeals are typically successful. However, success requires cooperation from the property owner, such as providing responses to questions, documents and a deposition if requested. The judicial appeal is meaningful as an option to minimize property taxes since it reduces the base value. This is important because the appraisal district and ARB consider the base value in the subsequent year when setting the administrative hearing value.

Conclusion

Property owners can generate substantial reductions in property taxes by appealing annually. Consider appeals on both market value and unequal appraisal and obtain the House Bill 201 information when preparing for the appeal hearing. Property owners should consider all three levels of appeal: informal hearing, ARB hearing and judicial appeal/binding arbitration. While the ARB hearing and judicial appeal/binding arbitration can be an intimidating process, each is straightforward once you understand the mechanics.

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