Category Archives: Miami Real Estate Law

Faena House has 50% of units under contract

Faena Housethe ultra luxurious xanadu that Argentinian developer Alan Faena is building as the residential portion of his Faena District Miami Beach project, (let’s just call it Faena District for short) has fifty percent of its units under contract,according to a Faena representative.

The 18-story, 47 unit building comes with major starchitecture cred, being designed by Foster + Partners (a.k.a. Pritzker prize winning architect Lord Norman Foster), but that’s just the tip of the iceberg. It will have features and amenities galore, including its signature aleros (don’t take the hallway to get from A to B, take the balcony!), really major pieces of hurricane resistant glass, and humungous sliding hurricane glass doors (12.5 feet in some instances!). There will be a private residential beach club separate from the Faena Hotel next door, pools, men’s and women’s spas, residential lounges of course, and “gardens with both common areas and more intimate spaces” designed by Raymond Jungles.Faena House - Residence Interior View lo res-thumb

Health Insurance Reform – FAQs: Medicare Tax on Net Investment Income

Health Insurance Reform – FAQs: Medicare Tax on Net Investment Income.

Bulk Condo Rule Extended for 3 Years…

TALLAHASSEE, Fla. – April 12, 2012 – In most cases, people who purchase condominium units from bulk buyers won’t be able to sue them if there are construction defects or other problems.
Florida Gov. Rick Scott last week signed a bill that extended the protections for investment groups that have bought multiple units in a building. That means the investors don’t have any more responsibility than other buyers in the building.

The measure went into effect July 1, 2010, and Scott extended it for three more years until July 2015.

The exemption for bulk buyers boosted sales of distressed condos, helping the housing market recover, proponents say. Critics insist the measure isn’t consumer-friendly and shouldn’t become law permanently.

Florida law used to consider a developer anyone who bought more than seven units in a building of 70 units or more. Those buyers were forced to assume the same legal and financial risks as developers who build condos.

The bill eliminated the title of developer for bulk buyers, giving investment groups more incentive to make deals for deeply discounted units.

While investors scooped up South Florida condos, “a lot of other areas in Florida are having problems in terms of absorbing unsold units,” said Marty Schwartz, a Miami lawyer and a co-sponsor of the bill.

Some investor groups have proposed making the bill’s protections permanent.

“I still think there’s a need for it, but only for a limited period of time,” said Donna DiMaggio Berger, a Broward County lawyer who represents condo associations statewide. “Why would we want to make it permanent when the (housing) market is no longer distressed?”

From late 2008 until September 2011, investor groups made more than 100 bulk deals for condos in Palm Beach, Broward and Miami-Dade counties, according to CondoVultures.com, a Bal Harbour-based consulting firm. The total dollar value was nearly $3 billion.

Copyright © 2012 the Sun Sentinel (Fort Lauderdale, Fla.), Paul Owers, Sun Sentinel, Fort Lauderdale, Fla. Distributed by MCT Information Services.

Commercial Investors Eye Single-Family Homes

Commercial Investors Eye Single-Family Homes

Published on: Wednesday, March 07, 2012

Written by: David Bodamer

 U.S. federal agencies are casting about for ways to pull the country’s housing market from the brink as reports from the Case-Schiller National Index indicate housing price falls for the eighth straight month. The Federal Housing and Finance Agency has announced a pilot program that will allow commercial investors to buy foreclosed single-family homes in bulk. The plan has several high-profile backers who are anxious for the opportunity to bid on these properties. Once purchased, the properties could be rented out or resold. For more on this continue reading the following article from National Real Estate Investor

With the latest data from the Case-Shiller National index showing that housing prices have fallen for the eighth straight month and are now back to January 2003 levels, the housing crisis appears no closer to its end.

But might there be an unlikely savior on the horizon for the single-family sector in the form of commercial real estate investors? On Monday, the Federal Housing Finance Agency (FHFA) announced a pilot program through which it would take bids from investors to buy foreclosed residential properties in bulk for the purpose of turning them into rentals.

The pilot program is the result of an effort launched last summer by the FHFA, along with the Treasury Department and the Department of Housing and Urban Development, to solicit outside input on how the government could deal with its millions of real estate owned (REO) residential assets and help turn the housing market around. The first pool of assets is a group of 2,490 properties, including 2,849 units in some of the hardest-hit residential markets: Atlanta, Chicago, Florida, Las Vegas, Los Angeles and Phoenix. There are 1,743 single-family homes, 527 condos, seven manufactured homes, one co-op, 118 duplexes, 36 three-unit buildings and 58 four-unit buildings.

To date, investors have purchased homes in foreclosure auctions and rented them out. But investors can only buy one or two assets at a time this way. The idea here is to enable investors to buy larger pools of foreclosed homes in order to get them on the market as rentals and deal with the glut of troubled assets more quickly.

“This is another important milestone in our initiative designed to reduce taxpayer losses, stabilize neighborhoods and home values, shift to more private management of properties and reduce the supply of REO properties in the marketplace,” FHFA Acting Director Edward J. DeMarco said in a statement.

Investors must fill out a qualifying form on the FHFA’s REO Asset Disposition page, post a security deposit and sign a confidentiality agreement to access detailed information about the properties. According to the FHFA, only investors who qualified through this process will be eligible to bid.

INITIATIVE’S BACKERS

The concept of involving the private sector to help solve the foreclosure problem has some high-profile backers.

REO Loan Count

Lew Ranieri, who helped pioneer mortgage-backed securities in the 1970s, and Kenneth Rosen, chairman of real estate market research firm Rosen Consulting Group, are the main authors on a policy paper issued this monthlaying out how the private sector’s involvement could help turn around the housing market and deliver attractive returns to investors.

“Without question, this is an opportunistic place to make investments,” Rosen says. “It’s similar to what opportunity funds have done with commercial real estate. There are more than one million units to be auctioned. Instead of having small players buy the assets, this would allow for bulk acquisitions.”

Overall, 453,266 residential units are currently classified as REO. Of those, the federal government holds nearly 50 percent of the inventory through Fannie Mae and Freddie Mac and another 9 percent with the Federal Housing Administration. In addition, private label securities hold 33.3 percent of the REO inventory and banks hold 17.5 percent.

But gaining control of those assets is a time-consuming process. In existing auctions, properties are sold one at a time. Private equity investors have gotten involved in converting vacant homes into rental properties, according to Rosen. But creating bulk programs could increase interest by making it easier for large investors to amass portfolios.

Investors then have several strategies for how to handle the assets. According to the policy paper, “Homes can be purchased for three potential outcomes, depending on a range of factors: the micro-conditions of the home, employment and income of potential tenant/owners and the macro-conditions of the neighborhood and market.” Specifically, investors could choose to offer the units in rent-to-own, rent-to-rent or resale arrangements.

In a rent-to-own scenario, an investor would enter a long-term relationship with a tenant who would offer the renter a right-of-refusal to buy the home. The lease could also be structured to give the tenant a share of any upside in a property’s sale. According to the policy paper, “This share can be structured to be payable regardless of whether or not the tenant purchases the home or be restricted to only if the tenant converts to ownership. This share can be pro-rated down or eliminated if a tenant leaves before the ?ve-year term.”

REO Investor Options

In a rent-to-rent scenario, the investor operates the asset as a straight rental property. And a resale would simply involve moving the asset to an owner-occupier.

“The private sector has a lot of solutions to the mortgage problem,” Rosen says. “They are engaged and want to be involved. I think this is something that has to be pushed as fast as it can.”

One caveat Rosen notes is that the government needs to ensure that the participants in the program are legitimate players. For example, the policy paper notes, “Programs that we deem to be unscrupulous are requiring tenants to pay a down-payment when signing a lease. We believe ?rst and last month’s rent and/or a security deposit in keeping with state law is acceptable, but do not believe additional advance payments are warranted.”

If all goes well, Rosen thinks the pilot program could be expanded “full scale” within a year with the government offering its inventory in bulk sales as well as banks and private-label securities conducting similar programs.

This article was republished with permission from National Real Estate Investor.

Update: “Sonesta Project” on Key Biscayne

 COUNCIL APPROVES SITE PLAN FOR FORMER SONESTA PROPERTY

 

­Key Biscayne Council members voted unanimously Monday, August 21, to approve developer Consultatio Key Biscayne LLC’s new site plan for the 350 Ocean Drive property. (The former site of The Sonesta Hotel).

As Consultatio Chairman Eduardo Costantini told local leaders, the new site plan significantly downsizes the project the Council approved in 2007 in order to address concerns about mass and impact on neighbors. “If you approve this project, I think it’s going to be a superb project. We’ll look forward to working together as a team,” he said.

Site plan complies

The project’s 646,415 square feet of livable space equals a Floor Area Ratio (FAR) of 1.435; a FAR of 2.0, or 899,863 square feet, is allowed. Maximum lot coverage is 40 percent, or 179,972 square feet; Consultatio’s plan shows 35.7 percent coverage, or a 160,630-square-foot footprint.

The project also eases in below density caps: Projects with this zoning  can have 16 residential units per acre, meaning 165 units on the 10.5-acre Sonesta lot; Consultatio proposes 154 units, or 15 per acre.

Elsewhere, the proposed project meets height caps of 150 feet; more importantly, Consultatio vastly exceeds rear setback requirements of 25 feet, meaning the 150-foot buildings are far from neighboring single-family homes. The project’s west rear setback, the one that impacts Holiday Colony (the east rear setback is from the ocean), comes in at 393 feet, 11 inches.

Only 12 freestanding villas would sit within that nearly 394-foot area, Kurlancheek said, and the villas are capped at 35 feet in height, the same as single-family homes. “There’s a 50-foot setback until you get to the villas themselves,” he added.

Consultatio was able to move the bulk of its development further back by eliminating two of the original four towers. The new design features two 14-level towers linked by a shorter structure that features 10 levels worth of condo units atop a three-story high open breezeway.

Open space

A key condition states the Village must be in compliance with its Comprehensive Plan standard of 2.5 acres of open space per 1,000 residents before it can issue a Certificate of Occupancy for the 15-story residential tower. Or, the Village and Consultatio can sign a binding contract stating the open space facilities will be completed within a year of the CO being issued.They state Consultatio will grant the Village two 25-foot-wide public beach access paths, one on the north side of the property from Ocean Drive and the other on the south side of the property from East Heather Drive. Both paths will include improvements like paving and landscaping.

Helfman added Consultatio’s plan includes a $7 million voluntary contribution to the Village’s Land Trust, a fund set up for the sole purpose of acquiring public land, plus another $1.5 million toward improvements at the Key Biscayne Community Center or another recreational need.

Miami residential sales jump 51 percent in third quarter: report

The sales of single-family homes and condominiums in Miami-Dade County rose by 51 percent in the third quarter, according to a report from the Miami Association of Realtors. It was the 13th consecutive quarter of increasing sales in Miami. The average sales price of single-family homes also rose, jumping 19 percent, and the average sales price of condos jumped by 21 percent. “Strong demand from international buyers is fueling robust sales activity in Miami despite low consumer confidence and high unemployment,” said Jack Levine, chairman of the board of the Miami Association of Realtors. “Local sales are expected to set a record this year that should exceed the height of the boom in 2005.” Total housing inventory in Miami-Dade County fell 38 percent from the same period in 2010, with a 65 percent total drop since August 2008.  –Alexander Britell

Peace of Mind for Tenants

New condo, bulk buyer law takes effect today
July 01, 2010 12:00PM
The Distressed Condominium Relief Act, which was signed by Gov. Charlie Crist June 1, took effect Thursday, giving condo associations the right to demand that renters in delinquent units pay their rent directly to the association, not the unit owners. Those who don’t comply now face eviction. “It gives tenants more peace of mind,” said Jon Mann, owner of Five Star International Realty in Miami. “They can pay the association a portion of their rent and they know they won’t be kicked out.” Among the law’s many provisions, it also shields bulk buyers from so-called successive developer liability. [Miami Herald]